Rule 3745-525-950 | Assessment of corrective measures, 40 C.F.R. 257.96.
(A) Within ninety days of finding that any constituent listed in appendix B to rule 3745-525-900 of the Administrative Code has been detected at a statistically significant level exceeding the groundwater protection standard defined under paragraph (H) of rule 3745-525-940 of the Administrative Code, or immediately upon detection of a release from a CCR unit, the owner or operator shall initiate an assessment of corrective measures to prevent further releases, to remediate any releases and to restore affected area to original conditions. The assessment of corrective measures shall be completed within ninety days, unless the owner or operator demonstrates the need for additional time to complete the assessment of corrective measures due to site-specific conditions or circumstances. The owner or operator shall obtain a certification from a qualified professional engineer attesting that the demonstration is accurate. The ninety-day deadline to complete the assessment of corrective measures may be extended for no longer than sixty days. The owner or operator shall also include the demonstration in the annual groundwater monitoring and corrective action report required by paragraph (E) of rule 3745-525-900 of the Administrative Code, in addition to the certification by a qualified professional engineer.
(B) The owner or operator of the CCR unit shall continue to monitor groundwater in accordance with the assessment monitoring program as specified in rule 3745-525-940 of the Administrative Code.
(C) The assessment under paragraph (A) of this rule shall include an analysis of the effectiveness of potential corrective measures in meeting all of the requirements and objectives of the remedy as described under rule 3745-525-960 of the Administrative Code addressing at least the following:
(1) The performance, reliability, ease of implementation, and potential impacts of appropriate potential remedies, including safety impacts, cross-media impacts, and control of exposure to any residual contamination.
(2) The time required to begin and complete the remedy.
(3) The institutional requirements, such as state or local permit requirements or other environmental or public health requirements that may substantially affect implementation of the remedy.
(D) The owner or operator shall place the completed assessment of corrective measures in the facility's operating record. The assessment has been completed when it is placed in the facility's operating record as required by paragraph (H)(10) of rule 3745-525-50 of the Administrative Code.
(E) The owner or operator shall discuss the results of the corrective measures assessment at least thirty days prior to the selection of remedy, in a public meeting with interested and affected parties.
(F) The owner or operator of the CCR unit shall comply with the recordkeeping requirements specified in paragraph (H) of rule 3745-525-50 of the Administrative Code, the notification requirements specified in paragraph (H) of rule 3745-525-60 of the Administrative Code, and the internet requirements specified in paragraph (H) of rule 3745-525-70 of the Administrative Code.
Last updated October 1, 2026 at 11:01 AM
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