Ga. Comp. R. & Regs. R. 391-3-19-.06 - Corrective Action
(1)
Applicability. The requirements of Rule
391-3-19-.06 apply to any person
who is a responsible party at a site listed on the Hazardous Site Inventory
except as otherwise provided for in Rule
391-3-19-.06(7).
(2)
Classification of sites on the
Hazardous Site Inventory. Upon listing a site on the Hazardous Site
Inventory, the Director shall designate the site or any individual property at
the site as Class II unless or until he determines that it should be designated
as Class I, Class III, Class IV, or Class V pursuant to Rule
391-3-19-.06(2)(a) through
(d):
(a)
Class I applies to any site or any individual property at a site which:
1. Includes the source of a release to a
groundwater drinking water supply that has caused, or is likely to cause, human
exposure through drinking water to concentrations of a regulated substance that
exceed any of the Type 1 groundwater criteria described in Rule
391-3-19-.07(6)(b);
2. Has had a release which continues to add
contaminants to soil, water, or air, or that continues to expand in area or
volume;
3. Has had a release of a
regulated substance that results in or is likely to result in any of the
following:
(i) Bioaccumulation of a regulated
substance in flora or fauna that causes adverse toxicological effects or that
results in the need to recommend that human consumption be limited;
(ii) Adverse acute or chronic effects to
domestic animals, fish, shellfish, or wildlife;
4. Includes an abandoned facility where the
potential for exposure to a regulated substance is not controlled through
on-site management;
5. Has been
classified as Class I pursuant to Rule
391-3-19-.06(6)(b)(4) or
(c); or
6. Does not meet any other criteria of Rule
391-3-19-.06(2)(a)
but the Director has determined that it nevertheless poses a danger to human
health or the environment.
(b) Class III applies to any site or
individual property at a site which has been listed on the Hazardous Site
Inventory (but not classified as Class IV pursuant to Rule
391-3-19-.06(2)(c)
and which and has been determined by the Director to be in compliance with the
Type 3, Type 4 or Type 5 risk reduction standards of Rule
391-3-19-.07.
(c) Class IV applies to any site or
individual property at a site which has been listed on the Hazardous Site
Inventory and at which corrective action as described in Rule
391-3-19-.06(7)(a)
is being conducted or has been completed.
(d) Class V applies to any site or individual
property at a site which has been listed on the Hazardous Site Inventory for
which the Director has made a determination pursuant to Rule
391-3-19-.06(6)(b)5
that the site has had a known release needing corrective action and at which
corrective action is being performed in compliance with a corrective action
plan approved by the Director which will bring the site into compliance with
the risk reduction standards. If the Director determines that corrective action
is not being performed in compliance with the approved corrective action plan,
the site may be reclassified to Class I.
(3)
Compliance status report.
(a) Any person who is a responsible party for
a site on the Hazardous Site Inventory shall submit to the Director a
compliance status report that documents the current status of the site with
regard to the risk reduction standards of Rule
391-3-19-.07 for all regulated
substances associated with each release at the site. The Director shall in
writing request the submittal of said report and specify a deadline for
submittal based on a priority for submittal to be determined by the
Director.
(b) The report required
by Rule 391-3-19-.06(3)(a)
shall, at a minimum, include the items enumerated below for all regulated
substances associated with each release at the site, unless otherwise stated in
writing by the Director. This report should be compiled on the basis of site
conditions which exist after the completion of any voluntary corrective action
taken by the responsible party prior to the submittal of the report. Reports on
previous investigations or remedial activities required under other laws or
regulations or undertaken voluntarily should be incorporated into the
compliance status report when possible.
1. A
description of each known source which has contributed or is contributing to a
release including:
(i) Source name, number or
other descriptor;
(ii) Location of
source on a map of scale of 1 inch = 200 feet or less;
(iii) Name of each regulated substance
released from each source;
(iv)
Chronology of each source of a release; and
(v) If a source is an engineered structure or
a waste management unit, a description of the function, design, dimensions,
capacity and operation of the source, including as-built construction drawings
where available.
2. If a
release involves soil contamination, a complete definition of the horizontal
and vertical extent of such soil contamination. Satisfactory evidence of a
complete definition of the horizontal and vertical extent of soil contamination
shall consist of an appropriate number of data points at sufficient locations
with concentrations that demonstrate compliance with Type 1 or Type 2 risk
reduction standards or that reflect background concentrations. An acceptable
determination of background concentrations shall be made from samples that are
representative of soil conditions not affected by a release of a regulated
substance. In support of the definition of the extent of soil contamination the
compliance report shall describe the following:
(i) General approach used;
(ii) Analytical parameters selected and
rationale for selection;
(iii)
Location of all sampling points by sample identification number on a map with
scale of 1 inch = 200 feet or less and, where applicable, on vertical
cross-sections of appropriate number and scale;
(iv) Sampling and analysis procedures
including but not limited to:
(I) Sampling
equipment and collection techniques;
(II) Field analytical or measurement
techniques including make and model of equipment and calibration schedule and
type;
(III) Sample handling and
preservation techniques;
(IV)
Equipment decontamination procedures;
(V) Chain-of-custody procedures;
and
(VI) Laboratory analytical
techniques, including references to the analytical methods used, if standard,
or in cases where standard analytical techniques do not exist, descriptions of
the analytical methods used, including quality assurance and quality control
procedures utilized;
(v)
A description of any statistical procedures used to evaluate data;
(vi) Procedures used to establish background
soil concentrations; and
(vii)
Narrative and tabular summary of all pertinent field data and the results of
all final laboratory analyses that are supported by sufficient quality
assurance/quality control data to validate the results.
3. If a release involves groundwater
contamination, a complete definition of the horizontal and vertical extent of
groundwater contamination. Satisfactory definition of the horizontal and
vertical extent of groundwater contamination shall consist of an appropriate
number of data points at sufficient locations with concentrations below those
listed in Table 1 of Appendix III or, for those substances not listed, the
highest concentration of any of the following: the detection limit, Secondary
Maximum Contaminant levels for Drinking Water listed in Rule 391-3-5, or
background. An acceptable determination of background concentrations shall be
made from samples that are representative of groundwater conditions not
affected by a release of a regulated substance. The compliance status report
shall, at a minimum, describe the following:
(i) Analytical parameters selected and
rationale for selection;
(ii) A
description of the methods used to characterize subsurface geology;
(iii) A description of the methods used to
characterize horizontal and vertical groundwater gradients, flow rates, and
flow directions;
(iv) A description
of the methods used to determine hydraulic conductivities and other pertinent
hydrogeological characteristics, including a description of any slug and/or
aquifer pumping tests;
(v) A
description of groundwater monitoring well locations, and their installation
and construction methods, including:
(I) A map
with scale of 1 inch = 200 feet or less depicting all existing well locations
including a survey of each well's surface reference point and the elevation of
its top-of-casing;
(II) Type of
well casing material;
(III)
Description of well-intake design including screen slot size and length, filter
pack materials and length, and method of filter pack emplacement;
(IV) Method used to seal the well from the
surface and any other features designed to prevent or minimize downward
migration of contaminants along the well annulus; and
(V) Description of the methods and procedures
used to develop the wells;
(vi) Description of all sampling and analysis
procedures used, including at a minimum:
(I)
Procedures and timing for measuring groundwater elevations for each sampling
event;
(II) Well evacuation
procedures including volume evacuated prior to sampling;
(III) Sample withdrawal techniques, sampling
equipment and materials (tubing, rope, pump, etc.);
(IV) Sample handling and preservation
techniques;
(V) Procedures for
decontaminating sampling equipment between samples and sampling
events;
(VI) Chain-of-custody
procedures for all phases of sample management; and
(VII) Laboratory analytical techniques,
including references to the analytical methods used, if standard, or in cases
where standard analytical techniques do not exist, descriptions of the
analytical methods used, including quality assurance and quality control
procedures utilized.
(vii) A description of procedures used to
determine background groundwater quality which is representative of ground
water not affected by a release;
(viii) A map with scale of 1 inch = 200 feet
or less depicting the horizontal extent of contamination;
(ix) A map with scale of 1 inch = 200 feet or
less depicting the potentiometric surface of ground water;
(x) Maps and vertical cross-sections of
appropriate scale depicting concentrations for all contaminants superimposed
upon site stratigraphic features and monitoring wells; and
(xi) Narrative and tabular summary of all
pertinent field data and the results of all final laboratory analyses that are
supported by sufficient quality assurance/quality control data to validate the
results.
4. A description
of any human or environmental receptors who may have been or could be
potentially exposed to a release at the site.
5. A description of all properties which are
part of the site including the address and location of such property, its legal
description, and the property owner's name, address and telephone
number.
6. The name, address and
telephone number of any other person who may be a responsible party for the
site and a description of the type and amount of regulated substances such
party may have contributed to a release.
7. A summary of any previous actions taken to
eliminate, control, or minimize any potential risk at the site, including
actions taken to comply with the risk reduction standards of Rule
391-3-19-.07.
8. If the responsible party certifies
pursuant to Rule
391-3-19-.06(4)(c)
that the site is not in compliance with any of the risk reduction standards of
Rule 391-3-19-.07,
the compliance status report may include a proposed corrective action plan that
describes the corrective action that the responsible party has determined is
necessary to achieve compliance with the applicable risk reduction standards of
Rule 391-3-19-.07.
9. If the responsible party certifies
pursuant to Rule
391-3-19-.06(4)(c)
that the site is in compliance with the Type 3, Type 4 or Type 5 risk reduction
standards of Rule
391-3-19-.07, the compliance status
report may include a proposed corrective action plan that describes the
continuing actions that the responsible party has determined are necessary to
achieve or maintain compliance with the Type 3, Type 4 or Type 5 risk reduction
standards.
10. Attached to the
front of the compliance status report, a concise statement of the findings of
the report presented in plain language, immediately followed by the
certification required pursuant to Rule
391-3-19-.06(4)(a).
(4)
Certification
of compliance with risk reduction standards.
(a) The compliance status report required by
Rule 391-3-19-.06(3)
shall include a compliance status certification regarding the responsible
party's own determination as to the status of a site or any individual property
at a site with regard to the applicable risk reduction standards of Rule
391-3-19-.07 for all regulated
substances evaluated by the compliance status report.
(b) The compliance status certification shall
be signed by the applicable person described in Items 1 through 4 of Rule
391-3-19-.03(7)(c).
Where the compliance status report is submitted for two or more cooperating
responsible parties, the certification may be signed by a duly authorized
representative of said responsible parties, "duly authorized" having the same
meaning as in Item 4 of Rule
391-3-19.03(7)(c).
(c) Any person signing the certification of
compliance required under Rule
391-3-19-.06(4)
shall make the following certification:
I certify under penalty of law that this report and all attachments were prepared under my direction in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. Based on my review of the findings of this report with respect to the risk reduction standards of the Rules for Hazardous Site Response, Rule 391-3-19-.07, I have determined that [(choose either of the following statements): 1) This site/property is in compliance with Type 1, Type 2, Type 3, Type 4, or Type 5 risk reduction standards (specify lowest numbered Type that applies, or all applicable types if more than one Type is applicable) or 2) This site/property is not in compliance with any Type risk reduction standards.].
(5)
Public
participation.
(a) Within 7 days after
submitting to the Director the compliance status report required pursuant to
Rule 391-3-19-.06(3),
the responsible party who submits the report shall publish a notice in the
legal organ of the local governments in whose jurisdiction the site is located,
announcing that such report is available for inspection by the general public.
The public notice must include:
1. The name,
address and location of the site as it appears on the Hazardous Site Inventory,
and, if the plan applies to less than the full site, the street address and
owner's name for applicable properties;
2. The following statement: "The
Georgia Environmental Protection Division, Department of Natural Resources,
State of Georgia (EPD) has placed this site on the Hazardous Site Inventory
pursuant to its authority under the Hazardous Site Response Act and Rules
promulgated thereunder. As required by the Rules for Hazardous Site Response,
the responsible party for this site was required to investigate the site and
submit a compliance status report to EPD summarizing the results of that
investigation. EPD is currently reviewing the compliance status report to
determine if corrective action is needed for regulated substances that have
been released at this site. Before EPD decides whether corrective action is
needed, the public has the opportunity to review the compliance status report
and provide comments to EPD about the report.";
3. Announcement of a 30-day public comment
period beginning on the date of the published notice, and the name, address and
telephone number of an EPD contact person to whom written or oral comments can
be made;
4. Name, address and
telephone number of the responsible party or its designated contact person;
and
5. Location where the report
may be viewed and copied.
(b) Within 7 days after submitting to the
Director a proposed corrective action plan, or any subsequent revisions
thereof, the responsible party who submits the plan shall publish a notice in
the legal organ of the local governments in whose jurisdiction the site is
located, announcing that such plan is available for inspection by the general
public. The public notice must include:
1.
The name, address and location of the site as it appears on the Hazardous Site
Inventory, and, if the plan applies to less than the full site, the street
address and owner's name for applicable properties;
2. The following statement: "The
Georgia Environmental Protection Division, Department of Natural Resources,
State of Georgia (EPD) has placed this site on the Hazardous Site Inventory
pursuant to its authority under the Hazardous Site Response Act and Rules
promulgated thereunder. The Director of EPD has determined that this site needs
corrective action and has required the responsible party for this site to
submit to EPD a proposed corrective action plan that describes the corrective
action the responsible party has determined is necessary to comply with the
risk reduction standards of EPD's Rules for Hazardous Site Response. Before EPD
decides whether to approve this proposed corrective action plan, the public has
the opportunity to review the proposed corrective action and provide comments
to EPD about the plan.";
3. Announcement of a 30-day public comment
period beginning on the date of the published notice, and the name, address and
telephone number of an EPD contact person to whom written or oral comments can
be made;
4. Name, address and
telephone number of the responsible party or its designated contact person;
and
5. Location where the plan may
be viewed and copied.
(c)
Where a proposed corrective action plan is submitted at the same time as the
compliance status report required under Rule
391-3-19-.06(3),
the same procedures as described under Items (a) and (b) above shall be
followed, but with the substitution of the following statement for that given
in Item (2):
"The Georgia Environmental Protection Division, Department of Natural Resources, State of Georgia (EPD) has placed this site on the Hazardous Site Inventory pursuant to its authority under the Hazardous Site Response Act and Rules promulgated thereunder. As required by the Rules for Hazardous Site Response, the responsible party for the site was required to investigate the site and submit a compliance status report to EPD summarizing the results of that investigation. The responsible party has submitted to EPD, along with the compliance status report, a proposed corrective action plan that describes the corrective action the responsible party has determined is necessary to comply with the risk reduction standards of EPD's Rules for Hazardous Site Response. Before EPD decides whether to approve the proposed corrective action plan, the public has the opportunity to review the compliance status report and proposed corrective action and provide comments to EPD about the report and plan."
(d) Within 15 days after publishing the
public notice required by Rule
391-3-19-.06(5)(a), (b), or
(c), the responsible party shall provide the
Director with an exact copy of the public notice as it appeared in the
paper.
(e) Within 7 days after
submitting to the Director either the compliance status report required
pursuant to Rule
391-3-19-.06(3),
or a proposed corrective action plan, the responsible party shall provide to
the county government in the county in which the site is located and to the
government of any city in whose jurisdictions the site is located a written
notice providing the same information required in Rule
391-3-19-.06(5)(a), (b), or
(c) as applicable.
(f) Upon making a determination pursuant to
Rule 391-3-19-.06(6) or
upon determining that a proposed corrective action plan should be approved, the
Director shall publish notice of such determination in the legal organ of the
local governments in whose jurisdiction the site is located.
(6)
Determination of the
need for corrective action. Rule
391-3-19-.06(6)
applies to any site or individual property at a site listed on the Hazardous
Site Inventory.
(a) Any site or individual
property at a site that is classified on the Hazardous Site Inventory as Class
I, Class III, Class IV or Class V pursuant to Rule
391-3-19-.06(2)
shall also be designated by the Director as having a known release needing
corrective action.
(b) For any site
or individual property at a site listed on the Hazardous Site Inventory, the
Director shall review the compliance status certification required by Rule
391-3-19-.06(4)
and do the following:
1. If the responsible
party certifies that the site or an individual property at the site is in
compliance with the Type 1 or Type 2 risk reduction standards of Rule
391-3-19-.07, and the Director
concurs with that certification, the Director shall designate the site or
property as not needing further action and shall remove the site or property
from the Hazardous Site Inventory in accordance with Rule
391-3-19-.05(4).
2. If the responsible party certifies that
the site or an individual property at the site is in compliance with the Type 3
or Type 4 risk reduction standards of Rule
391-3-19-.07, and the Director
concurs with that certification, the Director shall designate the site or
property on the Hazardous Site Inventory as having a known release needing
corrective action, reclassify it as Class III, and state on the Inventory that
corrective action shall presently consist of those activities needed to
maintain compliance with the Type 3 or Type 4 risk reduction standards,
including the property notices of Rule
391-3-19-.08(1) and
(2). Upon compliance with Rule
391-3-19-.08(4),
the Director shall remove the site or property from the Hazardous Site
Inventory in accordance with Rule
391-3-19-.05(4).
3. If the responsible party certifies that
the site or an individual property at the site is in compliance with the Type 5
risk reduction standards of Rule
391-3-19-.07, and the Director
concurs with that certification, the Director shall designate the site or
property on the Hazardous Site Inventory as having a known release needing
corrective action, reclassify it as Class III, and state on the Inventory that
corrective action shall presently consist of those activities needed to
maintain compliance with the Type 5 risk reduction standards, including the
property notices of Rule
391-3-19-.08(1), (2), and
(7). Upon compliance with Rule
391-3-19-.08(7),
the Director shall remove the site or property from the inventory.
4. If the responsible party certifies that
the site or an individual property at the site is not in compliance with any of
the risk reduction standards of Rule
391-3-19-.07, the Director shall
reclassify the site as a Class I site and designate the site on the Hazardous
Site Inventory as having a known release needing corrective action, whereupon
the owner of any property at the site which is not independently in compliance
with Type 1 or Type 2 risk reduction standards shall make the property notices
required by Rule
391-3-19-.08(1) and
(2). If the site or an individual property at
the site is a Class V site and the Director determines corrective action is not
being conducted in accordance with the approved corrective action plan, the
Director may reclassify the site as a Class I site and designate the site in
the Hazardous Site Inventory as having a known release needing corrective
action, whereupon the owner of any property at the site which is not
independently in compliance with Type 1 or Type 2 risk reduction standards
shall make the property notices required by Rule
391-3-19-.08(1) and
(2).
5. If the responsible party certifies that
the site or an individual property at the site is not in compliance with any of
the risk reduction standards of Rule
391-3-19-.07, but corrective action
is being performed in compliance with a corrective action plan approved by the
Director which will bring the site into compliance with the risk reduction
standards, the Director shall reclassify the site or individual property as a
Class V site and designate the site or individual property on the Hazardous
Site Inventory as having a known release needing corrective action. Upon making
such designation, the Director shall also state that corrective action is being
performed in compliance with a corrective action plan approved by the Director
that will bring the site or individual property into compliance with the risk
reduction standards. Upon such designation being made, the owner of any
property at the site which is not independently in compliance with Type 1 or
Type 2 risk reduction standards shall make the property notices required by
Rule 391-3-19-.08(1) and
(2) to the extent that such notices have not
already been made.
(c)
The Director may reclassify a site or an individual property at a site listed
on the Hazardous Site Inventory from Class II to Class I, and designate the
site or property as having a known release needing corrective action, if:
1. The responsible party fails to submit or
fails to agree to submit the compliance status report within the time specified
in Rule 391-3-19-.06(3)(a);
or
2. The compliance status report
is deficient with respect to the requirements of Rule
391-3-19-.06(3)(b)
and the Director has notified the responsible party in writing of such
deficiencies and the responsible party has failed to correct such deficiencies
by a deadline to be specified by the Director in writing; or
3. The responsible party certifies pursuant
to Rule 391-3-19-.06(4)
that the site or an individual property at the site is not in compliance with
any of the applicable risk reduction standards of Rule
391-3-19-.07; or
4. The Director does not concur with the
responsible party's certification made pursuant to Rule
391-3-19-.06(4)
that the site or an individual property at the site is in compliance with the
applicable risk reduction standards of Rule
391-3-19-.07.
(d) Upon making a determination pursuant to
Rule 391-3-19-.06(6)(a) through
(c) that a site has a known release needing
corrective action, the Director shall provide the responsible party, and the
owner of each property at the site which continues not to comply with either
Type 1 or Type 2 risk reduction standards of Rule
391-3-19-.07, with written notice
of such determination, including a statement concerning the requirements of
Rule 391-3-19-.08.
(e) If the Director determines pursuant to
Rule 391-3-19-.06(6)(b)
that a site or an individual property at a site listed as Class I or Class V on
the Hazardous Site Inventory subsequently comes into compliance with the risk
reduction standards of Rule
391-3-19-.07, the Director shall
reclassify such site or property in accordance with the provisions of Items 1
through 3 of Rule
391-3-19-.06(6)(b),
except that the deed notice provisions of Rule
391-3-19-.08(1) and
(2) need not be repeated.
(f) Notwithstanding a previous determination
of the Director made pursuant to Rule
391-3-19-.06(6)(a) through
(e), the Director may reclassify a site or an
individual property at a site listed on the Hazardous Site Inventory as
necessary to protect human health and the environment.
(7)
Other corrective actions.
(a) The requirements of Rule
391-3-19-.06(3) through
(5) do not apply to any person who is a
responsible party for any of the following at a site or individual property
listed on the Hazardous Site Inventory unless Rule
391-3-19-.06(7)(b)
applies:
1. Corrective action required by an
order of the Director executed before the effective date of these Rules
pursuant to O.C.G.A. §
12-8-71(b) of the
Hazardous Waste Management Act;
2.
Corrective action required by an order of the Director executed before the
effective date of these Rules pursuant to O.C.G.A. §
12-8-96(a) of
HSRA;
3. Remedial actions conducted
in accordance with a Record of Decision (ROD) under the NCP (referenced at
40 CFR
300.430(f)(5));
4. Remedial actions where compliance is
demonstrated with applicable cleanup standards promulgated under the federal
Toxic Substances Control Act;
5.
Corrective action required by a hazardous waste management facility permit
issued by the Director which contains conditions requiring corrective action in
accordance with O.C.G.A. §
12-8-66(e) of the
Hazardous Waste Management Act; or
6.Corrective action and assessment monitoring
required by a solid waste handling permit or an order issued by the Director
pursuant to the Comprehensive Solid Waste Management Act.
7. Removal actions conducted under the NCP,
if the Director determines that additional action is not needed to protect
human health and the environment.
(b) Any site or individual property at which
corrective action as described in Rule
391-3-19-.06(7)(a)
is being conducted or has been completed shall be presumed to be in compliance
with Type 5 of the risk reduction standards of Rule
391-3-19-.07(10)
upon its listing on the Hazardous Site Inventory, and the requirements of Rule
391-3-19-.06(3) through
(5) do not apply to any person who is a
responsible party at such site unless:
1. The
responsible party elects to certify compliance with other than Type 5 risk
reduction standards of Rule
391-3-19-.07, in which case the
site or property shall remain on the Hazardous Site Inventory as Class IV until
the Director reclassifies it in accordance with
391-3-19-.06(6);
2. The Director determines that such
corrective action fails to protect human health and the environment and that
additional corrective action is necessary to comply with the risk reduction
standards of Rule
391-3-19-.07, in which case the
Director may reclassify the site or property in accordance with Rule
391-3-19-.06(6)(f);
or
3. The Director determines that
such corrective action fails to meet the Type 5 risk reduction standards of
Rule 391-3-19-.07(10),
in which case the Director may reclassify the site or property pursuant to
391-3-19-.06(6)(f).
(c) For any site described in Rule
391-3-19-.06(7)(a)(5)
that is not also described by Item 1, 2, or 3 of Rule
391-3-19-.06(7)(b),
the property notice requirements of Rule
391-3-19-.08(1) and
(2) shall not apply until the Director makes
a determination that corrective action is needed pursuant to the Rules for
Hazardous Waste Management, Chapter 391-3-11.
Notes
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