Rule 3745-535-850 | Corrective measures general requirements.
(A) The owner or operator shall implement a corrective measures program that complies with this rule unless the owner or operator has returned to detection monitoring in accordance with paragraph (H) of rule 3745-535-830 of the Administrative Code or entered into compliance monitoring in accordance with rule 3745-535-840 of the Administrative Code.
(B) Not later than one hundred eighty days after a determination in accordance with paragraph (G) of rule 3745-535-830 of the Administrative Code, the owner or operator shall submit for approval a corrective measures plan to the director that evaluates all practicable procedures available for remediating contamination discovered during assessment monitoring and at a minimum does the following:
(1) Is protective of human health and safety and the environment.
(2) Attains the proposed groundwater concentration levels specified in rule 3745-535-860 of the Administrative Code.
(3) Controls the source of the releases to reduce or eliminate, to the maximum extent practicable, further releases of waste-derived constituents into the environment.
(4) Complies with standards for management of wastes as specified in paragraph (D) of rule 3745-535-855 of the Administrative Code.
(5) Contains a groundwater corrective measures monitoring plan that identifies specific provisions to monitor the effectiveness of the corrective measures including at a minimum the following:
(a) Procedures for semiannually determining that groundwater remediation standards established in accordance with rule 3745-535-860 of the Administrative Code are achieved for waste-derived constituents determined to have been released to groundwater.
(b) Procedures for semiannual monitoring of parameters 1 through 66 in rule 3745-535-801 of the Administrative Code determined not to have been released to groundwater. Upon approval by the director, the owner or operator may delete any of the monitoring parameters contained in rule 3745-535-801 of the Administrative Code if the removed parameters are not reasonably expected to be in or derived from the waste contained or disposed of in the facility.
(c) Procedures which meet the applicable provisions of rules 3745-535-805 to 3745-535-825 of the Administrative Code.
(C) The owner or operator shall evaluate each proposed remediation procedure identified in the corrective measures plan for at a minimum the following:
(1) The long-term and short-term effectiveness including the following to determine the degree of certainty that the remediation procedure will be successful:
(a) The magnitude of reduction of existing risks.
(b) The magnitude of residual risks in terms of likelihood of further releases following implementation of a remediation procedure.
(c) The type and degree of long-term management necessary, including monitoring, operation, and maintenance.
(d) Short-term risks that may affect the community, workers, or the environment during implementation of the remediation procedure, including potential threats to human health and safety and the environment associated with excavation, transportation, re-disposal of solid waste, or containment of the contaminant.
(e) Potential for human and environmental receptor exposure to remaining wastes, considering the potential threat to human health and safety and the environment associated with excavation, transportation, redisposal, or containment.
(f) Long-term reliability of the engineering and institutional controls.
(g) The potential need for replacement of the remediation procedure.
(h) The time until full protection is achieved.
(2) The effectiveness of the remediation procedure in controlling the release, including the following:
(a) The extent to which containment practices will reduce further releases.
(b) The extent to which treatment technologies may be used.
(3) The need to coordinate with and obtain necessary authorizations from other state agencies.
(4) The available capacity and location of needed treatment, storage, and disposal services.
(5) The ease or difficulty to implement potential remedies based on consideration of the following factors:
(a) The degree of difficulty associated with constructing the technologies.
(b) Expected operation reliability of the technologies.
(c) The availability of necessary equipment and specialists.
(6) The degree to which community concerns are addressed by a potential corrective measure.
(7) The performance, reliability, ease of implementation, and potential impacts of the potential remediation procedures, including safety impacts, cross-media impacts, and control of exposure to any residual contamination.
(8) A schedule for initiating and completing each remediation procedure that considers the following:
(a) The extent and nature of any contamination.
(b) The practical capability of remedial technologies to achieve compliance with groundwater remediation standards pursuant to rule 3745-535-860 of the Administrative Code and other objectives of the remediation procedure.
(c) The availability of treatment or disposal capacity for solid waste managed during implementation of the remediation procedure.
(d) The use of technologies that are not currently available, but which may offer significant advantages over currently available technologies in terms of protection, reliability, safety, or the ability to achieve remedial objectives.
(e) Potential risks to human health and the environment from contaminant exposure prior to completion of the remediation procedure.
(f) Practicable capability of the owner or operator.
(g) Other relevant factors.
(9) Resource value of the aquifer system, including the following:
(a) Current and future uses.
(b) Proximity and withdrawal rate of users.
(c) Groundwater quantity and quality.
(d) The potential damage to wildlife, crops, vegetation, and physical structures resulting from exposure to waste constituents.
(e) The hydrogeologic characteristics of the facility and surrounding area.
(f) Groundwater removal and treatment costs.
(g) The cost and availability of alternate water supplies.
(10) Practical capability of the owner or operator.
(11) Other relevant factors.
(D) The owner or operator shall ensure that public involvement is completed as follows:
(1) Not later than sixty days after submitting the corrective measures plan to the director, discuss the results and content of the groundwater quality assessment report and the corrective measures plan in a public meeting with interested and affected parties. The owner or operator shall provide adequate and reasonable public notice of the meeting and hold the public meeting at a place and time reasonably convenient to the interested and affected parties.
(2) Solicit public comment on the proposed corrective measures plan, place any public comments received in the operating record, and submit copies of public comments to the appropriate Ohio EPA district office and the approved health district.
(E) The director may require the owner or operator to evaluate, as part of the corrective measures study, one or more specific potential remediation procedures.
(F) The director may determine that remediation of a release of waste-derived constituents from the facility is not necessary if the owner or operator demonstrates one of the following:
(1) The groundwater is additionally contaminated by substances that have originated from a source other than the facility and those substances are present in concentrations such that cleanup of the release by the owner or operator would provide no significant reduction in risk to actual or potential receptors.
(2) The constituents are present in groundwater that meets the following:
(a) Is not currently or reasonably expected to be a source of drinking water.
(b) Is not hydraulically connected with waters to which the waste-derived constituents are migrating or are likely to migrate in concentrations that would exceed the groundwater remediation standards established pursuant to rule 3745-535-860 of the Administrative Code.
(3) Remediation of releases is technically impractical.
(4) Remediation results in unacceptable cross-media impacts.
(G) A determination by the director pursuant to paragraph (F) of this rule does not affect the director's authority to require the owner or operator to undertake source control measures or other measures that may be necessary to eliminate or minimize further releases to groundwater, to prevent exposure to groundwater, or to remediate groundwater to concentrations that are technically practicable and significantly reduce threats to human health and the environment.
(H) Upon approval of the corrective measures plan, the owner or operator shall implement the corrective measure designated by the director in accordance with the schedule provided in the approved corrective measures plan and comply with the financial assurance requirements contained in rule 3745-27-18 of the Administrative Code.
Last updated March 1, 2026 at 4:06 AM
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