118.01.22.1208. Implementation Of The Corrective Action Program
AR ADC 118.01.22.1208Arkansas Administrative CodeEffective: December 25, 2021
Effective: December 25, 2021
Ark. Admin. Code 118.01.22.1208
Formerly cited as AR ADC 014.03.4-12
118.01.22.1208. Implementation Of The Corrective Action Program
(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 Rule 22.1207. The following factors must be considered by an owner or operator in determining whether interim measures are necessary:
(b) Corrective Action Ineffectiveness -- 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 Rule 22.1207(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 Rule 22.1208(c).
(2) Compliance with the ground-water protection standards established under Rule 22.1205(h) or (i) has been achieved by demonstrating that concentrations of assessment monitoring 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 Rule 22.1203(g) and (h). The Director may specify an alternative length of time during which the owner or operator must demonstrate that concentrations of assessment monitoring constituents have not exceeded the ground water protection standard(s) taking into consideration:
(f) Certification and Division Notification -- Upon completion of the remedy, the owner or operator must notify the Director within fourteen (14) days that a certification that the remedy has been completed in compliance with the requirements of Rule 22.1208(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.
(g) Release of Financial Assurance -- When, upon completion of the certification, the owner or operator determines that the corrective action remedy has been completed in accordance with the requirements under paragraph (e) of this section, the owner or operator shall be released from the requirements for financial assurance for corrective action under Rule 22.1404.
Credits
Amended Dec. 25, 2021.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 118.01.22.1208, AR ADC 118.01.22.1208
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