§ 2725. Soil and Water Investigation Phase.
23 CA ADC § 2725BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS
Barclays Official California Code of Regulations Currentness
Title 23. Waters
Division 3. State Water Resources Control Board and Regional Water Quality Control Boards
Chapter 16. Underground Tank Regulations
Article 11. Corrective Action Requirements
23 CCR § 2725
§ 2725. Soil and Water Investigation Phase.
(a)The Soil and Water Investigation Phase includes the collection and analysis of data necessary to assess the nature and vertical and lateral ex -tent of the unauthorized release and to determine a cost-effective method of cleanup.
(b) Using information obtained during the investigation, the responsible party shall propose a Corrective Action Plan. The Corrective Action Plan shall consist of those activities determined to be cost-effective.
(c) The responsible party shall submit the Corrective Action Plan through GeoTracker to the regulatory agency for review and concurrence. The regulatory agency shall concur with the Corrective Action Plan after determining that implementation of the plan will adequately protect human health, safety and the environment and will restore or protect current or potential beneficial uses of water. The responsible party shall modify the Corrective Action Plan in response to a final regulatory agency directive.
(d) The Corrective Action Plan shall include the following elements:
(1) An assessment of the impacts listed in subdivision (e) of this Section;
(2) A feasibility study, in accordance with subdivision (f) of this Section; and
(3) Applicable cleanup levels, in accordance with subdivision (g) of this Section.
(e) An assessment of the impacts shall include, but is not limited to, the following:
(1) The physical and chemical characteristics of the hazardous substance or its constituents, including their toxicity, persistence, and potential for migration in water, soil, and air;
(2) The hydrogeologic characteristics of the site and the surrounding area where the unauthorized release has migrated or may migrate;
(3) The proximity and quality of nearby surface water or ground water, and the current and potential beneficial uses of these waters;
(4) The potential effects of residual contamination on nearby surface water and ground water; and
(f) The responsible party shall conduct a feasibility study to evaluate alternatives for remedying or mitigating the actual or potential adverse effects of the unauthorized release. Each alternative shall be evaluated for cost-effectiveness, and the responsible party shall propose to implement the most cost-effective corrective action.
(1) For all sites, each recommended alternative shall be designed to mitigate nuisance conditions and risk of fire or explosion;
(2) For sites where the unauthorized release affects or threatens waters with current or potential beneficial uses designated in water quality control plans, the feasibility study shall also identify and evaluate at least two alternatives for restoring or protecting these beneficial uses;
(3) For sites where the unauthorized release affects or threatens waters with no current or potential beneficial uses designated in water quality control plans, the feasibility study shall identify and evaluate at least one alternative to satisfy paragraph (1) of this subdivison.
(g) Cleanup levels for ground or surface waters, affected or threatened by the unauthorized release, shall comply with the requirements of Section 2721(b) and shall meet the following requirements:
(1) For waters with current or potential beneficial uses for which numerical objectives have been designated in water quality control plans, the responsible party shall propose at least two alternatives to achieve these numerical objectives;
(2) For waters with current or potential beneficial uses for which no numerical objectives have been designated in water quality control plans, the responsible party shall recommend target cleanup levels for long-term corrective actions to the regulatory agency for concurrence. Target cleanup levels shall be based on the impact assessment, prepared in accordance with subdivision (e) of this Section.
Note: Authority cited: Sections 25299.3 and 25299.77, Health and Safety Code. Reference: Sections 25296.35, 25299.37 and 25299.57, Health and Safety Code.
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.77 (Register 92, No. 9).
2. Editorial correction of printing errors in History 1. (Register 92, No. 43).
3. Amendment of subsections (c), (d)(1)-(3), (f)(3) and (g)(2) and amendment of Note filed 10-13-2016; operative 1-1-2017 (Register 2016, No. 42).
This database is current through 6/24/22 Register 2022, No. 25
23 CCR § 2725, 23 CA ADC § 2725
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