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CHAPTER 1200-01-07

Rule 1200-01-07-.04, continued)

  • IV.

    Further degradation of the ground water that may occur if remedial action is not initiated expeditiously;

  • V.

    Weather conditions that may cause hazardous constituents to migrate or be released;

  • VI.

    Risks of fire or explosion, or potential for exposure to hazardous constituents as a result of an accident or failure of a container or handling system; and

  • VII.

    Other situations that may pose threats to human health and the environment.

  • (ii)

    The Commissioner may determine, based on information developed after implementation of the remedy has begun or, through other information, that compliance with requirements of subpart (ii) of part 8 is not being achieved through the remedy selected. In such cases, the owner or operator must implement other methods or techniques that could practicably achieve compliance with the requirements, unless the owner or operator makes the determination under subpart (iii) of this part.

  • (iii)

    If the owner or operator determines that compliance with requirements under subpart (ii) of part 8 cannot be practically achieved with any currently available methods, the owner or operator must:

  • (I)

    Obtain certification of a qualified ground water scientist or approval by the Commissioner that compliance with requirements under subpart (ii) of part 8 cannot be practically achieved with any currently available methods;

  • (II)

    Implement alternate measures to control exposure of humans or the environment to residual contamination, as necessary to protect human health and the environment; and

  • (III)

    Implement alternate measures for control of the sources of contamination, or for removal or decontamination of equipment, units, devices, or structures that are:

    • I.

      Technically practicable; and

    • II.

      Consistent with the overall objective of the remedy.

  • (IV)

    Submit to the Commissioner within 14 days of such determination a report justifying the alternative measures prior to implementation of the alternative measures.

  • (iv)

    All solid wastes that are managed pursuant to a remedy required under part 8 of this subparagraph, or an interim measure required under item (III) of subpart (i) of this part, shall be managed in a manner:

    • (I)

      That is protective of human health and the environment; and

    • (II)

      That complies with applicable RCRA requirements.

  • (v)

    Remedies selected pursuant to part 8 of this subparagraph shall be considered complete when:

May, 2010 (Revised)


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