SOLID WASTE PROCESSING AND DISPOSAL
Rule 1200-01-07-.04, continued)
The constituent(s) is present in ground water that:
Is not currently or reasonably expected to be a source of drinking water; and
Is not migrating or is not likely to migrate in a concentration(s) that would exceed the ground water protection standard to other hydraulically connected waters; or
Remediation of the release(s) is technically impracticable; or
Remediation results in unacceptable cross-media impacts.
A determination by the Commissioner pursuant to subpart (v) of this part shall not affect the authority of the State 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 the ground water, to prevent exposure to the ground water, or to remediate the ground water to concentrations that are technically practicable and significantly reduce threats to human health or the environment.
Implementation of the Corrective Action Program.
Based on the schedule established under subpart (iv) of part 8 for initiation and completion of remedial activities the owner/operator must:
Establish and implement a corrective action ground water monitoring program to:
At a minimum, meet the requirements of an assessment monitoring program under subpart (iii) of part 6;
Indicate the effectiveness of the corrective action remedy; and
Demonstrate compliance with the ground water protection standard pursuant to Rule 1200-01-07-.04(7)(a)1 of this rule.
Implement the corrective action remedy selected under part 8; and
Take any interim measure necessary to ensure the protection of human health and the environment. Interim measures should, to the greatest extent practicable be consistent with the objectives of and contribute to the performance of any remedy that may be required pursuant to part 8 of this subparagraph. The following factors must be considered by an owner or operator in determining whether interim measures are necessary:
Time required to develop and implement a final remedy;
Actual or potential exposure of nearby populations or
environmental receptors to hazardous constituents;
Actual or potential contamination of drinking water supplies or sensitive ecosystems;
May, 2010 (Revised)