(a) Within 90 days of selecting a remedy under Sec. 257.97, the owner or operator must initiate remedial activities. Based on the schedule established under Sec. 257.97(d) for implementation and completion of remedial activities the owner or operator must:
(1) Establish and implement a corrective action groundwater monitoring program that:
(i) At a minimum, meets the requirements of an assessment monitoring program under Sec. 257.95;
(ii) Documents the effectiveness of the corrective action remedy; and
(iii) Demonstrates compliance with the groundwater protection standard pursuant to paragraph (c) of this section.
(2) Implement the corrective action remedy selected under Sec. 257.97; and
(3) Take any interim measures necessary to reduce the contaminants leaching from the CCR unit, and/or potential exposures to human or ecological receptors. Interim measures must, to the greatest extent feasible, be consistent with the objectives of and contribute to the performance of any remedy that may be required pursuant to Sec. 257.97. 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 any of the constituents listed in appendix IV of this part;
(iii) Actual or potential contamination of drinking water supplies or sensitive ecosystems;
(iv) Further degradation of the groundwater that may occur if remedial action is not initiated expeditiously;
(v) Weather conditions that may cause any of the constituents listed in appendix IV to this part to migrate or be released;
(vi) Potential for exposure to any of the constituents listed in appendix IV to this part 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) If an owner or operator of the CCR unit, determines, at any time, that compliance with the requirements of Sec. 257.97(b) is not being achieved through the remedy selected, the owner or operator must implement other methods or techniques that could feasibly achieve compliance with the requirements.
(c) Remedies selected pursuant to Sec. 257.97 shall be considered complete when:
(1) The owner or operator of the CCR unit demonstrates compliance with the groundwater protection standards established under Sec. 257.95(h) has been achieved at all points within the plume of contamination that lie beyond the groundwater monitoring well system established under Sec. 257.91.
(2) Compliance with the groundwater protection standards established under Sec. 257.95(h) has been achieved by demonstrating that concentrations of constituents listed in appendix IV to this part have not exceeded the groundwater protection standard(s) for a period of three consecutive years using the statistical procedures and performance standards in Sec. 257.93(f) and (g).
(3) All actions required to complete the remedy have been satisfied.
(d) All CCR that are managed pursuant to a remedy required under Sec. 257.97, or an interim measure required under paragraph (a)(3) of this section, shall be managed in a manner that complies with all applicable RCRA requirements.
(e) Upon completion of the remedy, the owner or operator must prepare a notification stating that the remedy has been completed. The owner or operator must obtain a certification from a qualified professional engineer attesting that the remedy has been completed in compliance with the requirements of paragraph (c) of this section. The report has been completed when it is placed in the operating record as required by Sec. 257.105(h)(13).
(f) The owner or operator of the CCR unit must comply with the recordkeeping requirements specified in Sec. 257.105(h), the notification requirements specified in Sec. 257.106(h), and the internet requirements specified in Sec. 257.107(h).
Closure and Post-Closure Care