[Code of Federal Regulations]

[Title 40, Volume 24]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR257.28]



[Page 393-394]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 257_CRITERIA FOR CLASSIFICATION OF SOLID WASTE DISPOSAL FACILITIES 

AND PRACTICES--Table of Contents

 

  Subpart B_Disposal Standards for the Receipt of Conditionally Exempt 

 Small Quantity Generator (CESQG) Wastes at Non-Municipal Non-Hazardous 

                          Waste Disposal Units

 

Sec.  257.28  Implementation of the corrective action program.



    (a) Based on the schedule established under Sec.  257.27(d) for 

initiation and completion of remedial activities the owner/operator 

must:

    (1) Establish and implement a corrective action ground-water 

monitoring program that:

    (i) At a minimum, meets the requirements of an assessment monitoring 

program under Sec.  257.25;

    (ii) Indicates the effectiveness of the corrective action remedy; 

and

    (iii) Demonstrates compliance with ground-water protection standard 

pursuant to paragraph (e) of this section.

    (2) Implement the corrective action remedy selected under Sec.  

257.27; and

    (3) Take any interim measures 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 Sec.  257.27. The following factors must be considered by an 

owner or operator in determining whether interim measures are necessary:

    (i) Time required to develop and implement a final remedy;

    (ii) Actual or potential exposure of nearby populations or 

environmental receptors to hazardous constituents;

    (iii) Actual or potential contamination of drinking water supplies 

or sensitive ecosystems;

    (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.

    (b) An owner or operator may determine, based on information 

developed after implementation of the remedy has begun or other 

information, that compliance with requirements of Sec.  257.27(b) are 

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 Sec.  257.28(c).

    (c) If the owner or operator determines that compliance with 

requirements under Sec.  257.27(b) cannot be practically achieved with 

any currently available methods, the owner or operator must:

    (1) Obtain certification of a qualified ground-water scientist or 

approval by the Director of an approved State that compliance with 

requirements under Sec.  257.27(b) cannot be practically achieved with 

any currently available methods;

    (2) Implement alternate measures to control exposure of humans or 

the environment to residual contamination, as necessary to protect human 

health and the environment; and

    (3) 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.

    (4) Notify the State Director within 14 days that a report 

justifying the alternative measures prior to implementing the 

alternative measures has been placed in the operating record.

    (d) All solid wastes that are managed pursuant to a remedy required 

under Sec.  257.27, or an interim measure required under Sec.  

257.28(a)(3), shall be managed in a manner:

    (1) That is protective of human health and the environment; and

    (2) That complies with applicable RCRA requirements.



[[Page 394]]



    (e) Remedies selected pursuant to Sec.  257.27 shall be considered 

complete when:

    (1) The owner or operator complies with the ground-water protection 

standards established under Sec. Sec.  257.25 (h) or (i) at all points 

within the plume of contamination that lie beyond the ground-water 

monitoring well system established under Sec.  257.22(a).

    (2) Compliance with the ground-water protection standards 

established under Sec. Sec.  257.25 (h) or (i) has been achieved by 

demonstrating that concentrations of appendix II (appendix II of Part 

258) constituents have not exceeded the ground-water protection 

standard(s) for a period of three consecutive years using the 

statistical procedures and performance standards in Sec.  257.23 (g) and 

(h). The Director of an approved State may specify an alternative length 

of time during which the owner or operator must demonstrate that 

concentrations of appendix II (appendix II of 40 CFR part 258) 

constituents have not exceeded the ground-water protection standard(s) 

taking into consideration:

    (i) Extent and concentration of the release(s);

    (ii) Behavior characteristics of the hazardous constituents in the 

ground-water;

    (iii) Accuracy of monitoring or modeling techniques, including any 

seasonal, meteorological, or other environmental variabilities that may 

affect the accuracy; and

    (iv) Characteristics of the ground-water.

    (3) All actions required to complete the remedy have been satisfied.

    (f) Upon completion of the remedy, the owner or operator must notify 

the State Director within 14 days that a certification that the remedy 

has been completed in compliance with the requirements of Sec.  

257.28(e) has been placed in the operating record. The certification 

must be signed by the owner or operator and by a qualified ground-water 

scientist or approved by the Director of an approved State.