[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: 40CFR258.57]



[Page 421-423]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 258_CRITERIA FOR MUNICIPAL SOLID WASTE LANDFILLS--Table of Contents

 

         Subpart E_Ground-Water Monitoring and Corrective Action

 

Sec.  258.57  Selection of remedy.



    (a) Based on the results of the corrective measures assessment 

conducted under Sec.  258.56, the owner or operator must select a remedy 

that, at a minimum, meets the standards listed in paragraph (b) of this 

section. The owner or operator must notify the



[[Page 422]]



State Director, within 14 days of selecting a remedy, a report 

describing the selected remedy has been placed in the operating record 

and how it meets the standards in paragraph (b) of this section.

    (b) Remedies must:

    (1) Be protective of human health and the environment;

    (2) Attain the ground-water protection standard as specified 

pursuant to Sec. Sec.  258.55 (h) or (i);

    (3) Control the source(s) of releases so as to reduce or eliminate, 

to the maximum extent practicable, further releases of appendix II 

constituents into the environment that may pose a threat to human health 

or the environment; and

    (4) Comply with standards for management of wastes as specified in 

Sec.  258.58(d).

    (c) In selecting a remedy that meets the standards of Sec.  

258.57(b), the owner or operator shall consider the following evaluation 

factors:

    (1) The long- and short-term effectiveness and protectiveness of the 

potential remedy(s), along with the degree of certainty that the remedy 

will prove successful based on consideration of the following:

    (i) Magnitude of reduction of existing risks;

    (ii) Magnitude of residual risks in terms of likelihood of further 

releases due to waste remaining following implementation of a remedy;

    (iii) The type and degree of long-term management required, 

including monitoring, operation, and maintenance;

    (iv) Short-term risks that might be posed to the community, workers, 

or the environment during implementation of such a remedy, including 

potential threats to human health and the environment associated with 

excavation, transportation, and redisposal of containment;

    (v) Time until full protection is achieved;

    (vi) Potential for exposure of humans and environmental receptors to 

remaining wastes, considering the potential threat to human health and 

the environment associated with excavation, transportation, redisposal, 

or containment;

    (vii) Long-term reliability of the engineering and institutional 

controls; and

    (viii) Potential need for replacement of the remedy.

    (2) The effectiveness of the remedy in controlling the source to 

reduce further releases based on consideration of the following factors:

    (i) The extent to which containment practices will reduce further 

releases;

    (ii) The extent to which treatment technologies may be used.

    (3) The ease or difficulty of implementing a potential remedy(s) 

based on consideration of the following types of factors:

    (i) Degree of difficulty associated with constructing the 

technology;

    (ii) Expected operational reliability of the technologies;

    (iii) Need to coordinate with and obtain necessary approvals and 

permits from other agencies;

    (iv) Availability of necessary equipment and specialists; and

    (v) Available capacity and location of needed treatment, storage, 

and disposal services.

    (4) Practicable capability of the owner or operator, including a 

consideration of the technical and economic capability.

    (5) The degree to which community concerns are addressed by a 

potential remedy(s).

    (d) The owner or operator shall specify as part of the selected 

remedy a schedule(s) for initiating and completing remedial activities. 

Such a schedule must require the initiation of remedial activities 

within a reasonable period of time taking into consideration the factors 

set forth in paragraphs (d) (1)-(8) of this section. The owner or 

operator must consider the following factors in determining the schedule 

of remedial activities:

    (1) Extent and nature of contamination;

    (2) Practical capabilities of remedial technologies in achieving 

compliance with ground-water protection standards established under 

Sec.  258.55 (g) or (h) and other objectives of the remedy;

    (3) Availability of treatment or disposal capacity for wastes 

managed during implementation of the remedy;



[[Page 423]]



    (4) Desirability of utilizing technologies that are not currently 

available, but which may offer significant advantages over already 

available technologies in terms of effectiveness, reliability, safety, 

or ability to achieve remedial objectives;

    (5) Potential risks to human health and the environment from 

exposure to contamination prior to completion of the remedy;

    (6) Resource value of the aquifer including:

    (i) Current and future uses;

    (ii) Proximity and withdrawal rate of users;

    (iii) Ground-water quantity and quality;

    (iv) The potential damage to wildlife, crops, vegetation, and 

physical structures caused by exposure to waste constituent;

    (v) The hydrogeologic characteristic of the facility and surrounding 

land;

    (vi) Ground-water removal and treatment costs; and

    (vii) The cost and availability of alternative water supplies.

    (7) Practicable capability of the owner or operator.

    (8) Other relevant factors.

    (e) The Director of an approved State may determine that remediation 

of a release of an appendix II constituent from a MSWLF unit is not 

necessary if the owner or operator demonstrates to the satisfaction of 

the Director of the approved State that:

    (1) The ground-water is additionally contaminated by substances that 

have originated from a source other than a MSWLF unit and those 

substances are present in concentrations such that cleanup of the 

release from the MSWLF unit would provide no significant reduction in 

risk to actual or potential receptors; or

    (2) The constituent(s) is present in ground water that:

    (i) Is not currently or reasonably expected to be a source of 

drinking water; and

    (ii) Is not hydraulically connected with waters to which the 

hazardous constituents are migrating or are likely to migrate in a 

concentration(s) that would exceed the ground-water protection standards 

established under Sec.  258.55 (h) or (i); or

    (3) Remediation of the release(s) is technically impracticable; or

    (4) Remediation results in unacceptable cross-media impacts.

    (f) A determination by the Director of an approved State pursuant to 

paragraph (e) of this section 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.