[Code of Federal Regulations]
[Title 40, Volume 25]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR264.100]

[Page 271-272]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 264_STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, 
STORAGE, AND DISPOSAL FACILITIES--Table of Contents
 
          Subpart F_Releases From Solid Waste Management Units
 
Sec.  264.100  Corrective action program.

    An owner or operator required to establish a corrective action 
program under this subpart must, at a minimum, discharge the following 
responsibilities:
    (a) The owner or operator must take corrective action to ensure that 
regulated units are in compliance with the ground-water protection 
standard under Sec.  264.92. The Regional Administrator will specify the 
ground-water protection standard in the facility permit, including:
    (1) A list of the hazardous constituents identified under Sec.  
264.93;
    (2) Concentration limits under Sec.  264.94 for each of those 
hazardous constituents;
    (3) The compliance point under Sec.  264.95; and
    (4) The compliance period under Sec.  264.96.
    (b) The owner or operator must implement a corrective action program 
that prevents hazardous constituents from exceeding their respective 
concentration limits at the compliance point by removing the hazardous 
waste constituents or treating them in place. The permit will specify 
the specific measures that will be taken.
    (c) The owner or operator must begin corrective action within a 
reasonable time period after the ground-water protection standard is 
exceeded. The Regional Administrator will specify that time period in 
the facility permit. If a facility permit includes a corrective action 
program in addition to a compliance monitoring program, the permit will 
specify when the corrective action will begin and such a requirement 
will operate in lieu of Sec.  264.99(i)(2).
    (d) In conjunction with a corrective action program, the owner or 
operator

[[Page 272]]

must establish and implement a ground-water monitoring program to 
demonstrate the effectiveness of the corrective action program. Such a 
monitoring program may be based on the requirements for a compliance 
monitoring program under Sec.  264.99 and must be as effective as that 
program in determining compliance with the ground-water protection 
standard under Sec.  264.92 and in determining the success of a 
corrective action program under paragraph (e) of this section, where 
appropriate.
    (e) In addition to the other requirements of this section, the owner 
or operator must conduct a corrective action program to remove or treat 
in place any hazardous constituents under Sec.  264.93 that exceed 
concentration limits under Sec.  264.94 in groundwater:
    (1) Between the compliance point under Sec.  264.95 and the 
downgradient property boundary; and
    (2) Beyond the facility boundary, where necessary to protect human 
health and the environment, unless the owner or operator demonstrates to 
the satisfaction of the Regional Administrator that, despite the owner's 
or operator's best efforts, the owner or operator was unable to obtain 
the necessary permission to undertake such action. The owner/operator is 
not relieved of all responsibility to clean up a release that has 
migrated beyond the facility boundary where off-site access is denied. 
On-site measures to address such releases will be determined on a case-
by-case basis.
    (3) Corrective action measures under this paragraph must be 
initiated and completed within a reasonable period of time considering 
the extent of contamination.
    (4) Corrective action measures under this paragraph may be 
terminated once the concentration of hazardous constituents under Sec.  
264.93 is reduced to levels below their respective concentration limits 
under Sec.  264.94.
    (f) The owner or operator must continue corrective action measures 
during the compliance period to the extent necessary to ensure that the 
ground-water protection standard is not exceeded. If the owner or 
operator is conducting corrective action at the end of the compliance 
period, he must continue that corrective action for as long as necessary 
to achieve compliance with the ground-water protection standard. The 
owner or operator may terminate corrective action measures taken beyond 
the period equal to the active life of the waste management area 
(including the closure period) if he can demonstrate, based on data from 
the ground-water monitoring program under paragraph (d) of this section, 
that the ground-water protection standard of Sec.  264.92 has not been 
exceeded for a period of three consecutive years.
    (g) The owner or operator must report in writing to the Regional 
Administrator on the effectiveness of the corrective action program. The 
owner or operator must submit these reports annually.
    (h) If the owner or operator determines that the corrective action 
program no longer satisfies the requirements of this section, he must, 
within 90 days, submit an application for a permit modification to make 
any appropriate changes to the program.

[47 FR 32350, July 26, 1985, as amended at 50 FR 4514, Jan. 31, 1985; 52 
FR 45798, Dec. 1, 1987; 71 FR 16904, Apr. 4, 2006]