Section 845.660  Assessment of Corrective Measures

a)         Unless the Agency has concurred with an alternative source demonstration made under Section 845.650(e), the owner or operator must initiate an assessment of corrective measures to prevent further releases, to remediate any releases, and to restore the affected area.

1)         The assessment of corrective measures must be initiated within 90 days after finding that any constituent listed in Section 845.600 has been detected in exceedance of the groundwater protection standards in Section 845.600, at the downgradient waste boundary or immediately upon detection of a release of CCR from a CCR surface impoundment.

2)         The assessment of corrective measures must be completed and submitted to the Agency within 90 days after initiation of assessment of corrective measures, unless the owner or operator demonstrates to the Agency the need for additional time to complete the assessment of corrective measures due to site-specific conditions or circumstances.  The owner or operator must submit this demonstration, along with a certification from a qualified professional engineer attesting that the demonstration is accurate, to the Agency within 60 days after initiating an assessment of corrective measures. The Agency must either approve or disapprove the demonstration within 30 days. The 90-day deadline to complete the assessment of corrective measures may be extended for no longer than 60 days.  The owner or operator must also include the Agency approved demonstration in the annual groundwater monitoring and corrective action report required by Section 845.610(e), in addition to the certification by a qualified professional engineer.

b)         The owner or operator of the CCR surface impoundment must continue to monitor groundwater in accordance with the monitoring program as specified in Section 845.650.

c)         The assessment under subsection (a) must include an analysis of the effectiveness of potential corrective measures in meeting all the requirements and objectives of the corrective action plan, as described by Section 845.670, 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 corrective action plan; and

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 corrective action plan.

d)         The owner or operator of the CCR surface impoundment must discuss the results of the corrective measures assessment, at least 30 days before the selection of remedy, in a public meeting with interested and affected parties (see Section 845.240).

e)         When the owner or operator of a CCR surface impoundment is completing closure and corrective action simultaneously, the owner or operator may combine the corrective measures assessment required by this Section and the closure alternatives analysis required by Section 845.710 into one assessment of alternatives.