Rule 3745-525-970 | Implementation of the corrective action program, 40 C.F.R. 257.98.
(A) Within ninety days of selecting a remedy under rule 3745-525-960 of the Administrative Code, the owner or operator shall initiate remedial activities. Based on the schedule established under paragraph (D) of rule 3745-525-960 of the Administrative Code for implementation and completion of remedial activities the owner or operator shall do the following:
(1) Establish and implement a corrective action groundwater monitoring program that does the following:
(a) At a minimum, meets the requirements of an assessment monitoring program under rule 3745-525-940 of the Administrative Code.
(b) Documents the effectiveness of the corrective action remedy.
(c) Demonstrates compliance with the groundwater protection standard pursuant to paragraph (C) of this rule.
(2) Implement the corrective action remedy selected under rule 3745-525-960 of the Administrative Code.
(3) Take any interim measures necessary to reduce the contaminants leaching from the CCR unit, and potential exposures to human or ecological receptors. Interim measures shall, to the greatest extent feasible, be consistent with the objectives of and contribute to the performance of any remedy that may be required pursuant to rule 3745-525-960 of the Administrative Code. The following factors shall be considered by an owner or operator in determining whether interim measures are necessary:
(a) Time required to develop and implement a final remedy.
(b) Actual or potential exposure of nearby populations or environmental receptors to any of the constituents listed in appendix B to rule 3745-525-900 of the Administrative Code.
(c) Actual or potential contamination of drinking water supplies or sensitive ecosystems.
(d) Further degradation of the groundwater that may occur if remedial action is not initiated expeditiously.
(e) Weather conditions that may cause any of the constituents listed in appendix B to rule 3745-525-900 of the Administrative Code to migrate or be released.
(f) Potential for exposure to any of the constituents listed in appendix B to rule 3745-525-900 of the Administrative Code as a result of an accident or failure of a container or handling system.
(g) Other situations that may pose threats to human health and the environment.
(B) If an owner or operator of the CCR unit, determines, at any time, that compliance with the requirements of paragraph (B) of rule 3745-525-960 of the Administrative Code is not being achieved through the remedy selected, the owner or operator shall implement other methods or techniques that could feasibly achieve compliance with the requirements.
(C) Remedies selected pursuant to rule 3745-525-960 of the Administrative Code shall be considered complete when the following occur:
(1) The owner or operator of the CCR unit demonstrates compliance with the groundwater protection standards established under paragraph (H) of rule 3745-525-940 of the Administrative Code has been achieved at all points within the plume of contamination that lie beyond the groundwater monitoring well system established under rule 3745-525-910 of the Administrative Code.
(2) Compliance with the groundwater protection standards established under paragraph (H) of rule 3745-525-940 of the Administrative Code has been achieved by demonstrating that concentrations of constituents listed in appendix B to rule 3745-525-900 of the Administrative Code have not exceeded the groundwater protection standard for a period of three consecutive years using the statistical procedures and performance standards in paragraphs (F) and (G) of rule 3745-525-920 of the Administrative Code.
(3) All actions required to complete the remedy have been satisfied.
(D) All CCR that are managed pursuant to a remedy required under rule 3745-525-960 of the Administrative Code, or an interim measure required under paragraph (A)(3) of this rule, shall be managed in a manner that complies with all applicable requirements of the Resource Conservation and Recovery Act of 1976, 42 U.S.C. 6901.
(E) Upon completion of the remedy, the owner or operator shall prepare a notification stating that the remedy has been completed. The owner or operator shall obtain a certification from a qualified professional engineer attesting that the remedy has been completed in compliance with the requirements of paragraph (C) of this rule. The report has been completed when it is placed in the operating record as required by paragraph (H)(13) of rule 3745-525-50 of the Administrative Code.
(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 9:23 AM
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