Section 329IAC9-5-7. Corrective action plan

   (a) At any point after reviewing the information submitted in compliance with sections 1, 2, 3.2, and 5.1 of this rule, the commissioner may require the owner and operator to:

(1) submit additional information; or

(2) develop and submit a corrective action plan for responding to contaminated soils and ground water.

If a plan is required, the owner and operator shall submit the plan according to a schedule established by the commissioner and the format designated under subsection (f). Alternatively, the owner and operator may, after fulfilling the requirements of sections 2, 3.2, and 5.1 of this rule, choose to submit a corrective action plan for responding to contaminated soil and ground water. In either case, the owner and operator are responsible for submitting a plan that provides for adequate protection of human health and the environment, as determined by the commissioner, and shall modify their plan as necessary to meet this standard.

  (b) The commissioner will approve the corrective action plan only after ensuring that implementation of the plan will adequately protect human health, safety, and the environment. In making this determination, the commissioner shall consider the following factors, as appropriate:

(1) The physical and chemical characteristics of the regulated substance, including its toxicity, persistence, and potential for migration.

(2) The hydrogeologic characteristics of the facility and the surrounding area.

(3) The proximity, quality, and current and future uses of nearby surface water and ground water.

(4) The potential effects of a residual contaminant on nearby surface water and ground water.

(5) The proximity of potential contaminant receptors, including:

(A) adjacent residences;

(B) wells;

(C) well fields; or

(D) wellhead protection areas delineated under rules of the water pollution control board at 327 IAC 8-4.1.

(6) An exposure assessment.

(7) Any information assembled in compliance with this rule.

(8) The suitability of the chosen remediation method for site conditions.

  (c) Upon approval of the corrective action plan or as directed by the commissioner, the owner and operator shall implement the plan, including modifications to the plan made by the commissioner. The owner and operator shall monitor, evaluate, and report the results of implementing the plan in accordance with a schedule and in a format established by the commissioner. During implementation of the corrective action plan the commissioner may find that the approved corrective action plan will not achieve or is not achieving the cleanup objectives. Upon making this finding:

(1) the commissioner will notify the owner and operator that approval of the corrective action plan is suspended pending modification;

(2) the basis of the finding shall also be provided to the owner or operator;

(3) the owner or operator shall submit a modified plan to the to the commissioner for approval under subsection (b) before corrective action plan approval is reinstated;

(4) a reinstated corrective action plan approval is subject to all the provisions of this subsection; and

(5) the approval of a corrective action plan under this subsection is not a determination that the actual costs incurred performing the corrective action plan are reimbursable costs under the rules of the underground storage tank financial assurance board at 328 IAC 1.

  (d) The owner and operator may, in the interest of minimizing the effect of a contaminant and promoting more effective cleanup, begin cleanup of soil and ground water before the corrective action plan is approved provided that the owner and operator:

(1) notify the agency of their intention to begin cleanup;

(2) comply with any conditions imposed by the commissioner, including halting cleanup or mitigating adverse consequences from cleanup activities; and

(3) incorporate these self-initiated cleanup measures in the corrective action plan that is submitted to the commissioner for approval.

  (e) During corrective action, the owner and operator and their designees shall adhere to a written health and safety plan that meets all applicable requirements of the occupational safety standards commission and the rules of the fire prevention and building safety commission at 675 IAC 22.

  (f) The owner and operator shall conduct corrective action that meets the following requirements:

(1) The corrective action plan must be presented in a format prescribed by the commissioner and contain the following information:

(A) A title page that identifies the consultant performing the work and the date the report was prepared.

(B) An executive summary, including the following:

(i) A briefing about the site in narrative form, highlighting events leading to the need for corrective action.

(ii) Other information regarding the need for corrective action.

(C) A narrative concerning contaminant and site conditions, including the following:

(i) Contaminant identification including chemical and physical properties.

(ii) Determination of chemical reference doses (RfDs), cancer slope factors (Sfs or CPFs), reference ingestion factors, and maximum contaminant levels.

(iii) Potential effects of residual contaminants.

(iv) Site-specific soil and hydrogeologic characteristics.

(v) Proximity of local surface waters and ground water and associated water quality data.

(vi) Current and potential future uses of local water sources.

(vii) A summary of site-specific water quality data generated during previously completed site investigations.

(viii) Other information necessary to describe site conditions.

(D) Health and safety plan for corrective action activities, including the following:

(i) Known hazards and risk evaluation associated with site activities.

(ii) A list of personnel, alternates to personnel, and areas of responsibilities of personnel.

(iii) Levels of personal protection for personnel.

(iv) Decontamination equipment and procedures.

(v) Site access control measures.

(vi) Site emergency procedures, medical care availability, and a route by roadway to at least one (1) health care facility.

(vii) A list of emergency phone numbers that includes:

(AA) the fire department;

(BB) the police department;

(CC) a local ambulance; and

(DD) the local hospital or medical facility.

(viii) A list of personnel training, qualifications, and certifications.

(ix) A description of how the plan will meet health and safety requirements of the Indiana occupational health and safety standards and the rules of the fire prevention and building safety commission at 675 IAC 22.

(E) An appropriately scaled regional map that can be reproduced from previously submitted and approved site investigation reports but that must include the following:

(i) Illustrated legends, scales, and compass directions.

(ii) A legible, topographic base with ten (10) foot contour intervals.

(iii) The location and depth of any wells that have a capacity:

(AA) greater than seventy (70) gallons per minute within a two (2) mile radius of the site; or

(BB) less than seventy (70) gallons per minute within a one (1) mile radius of the site.

(iv) Identification of facilities and land for:

(AA) agricultural;

(BB) residential;

(CC) commercial; and

(DD) industrial;

use within a one (1) mile radius of the site.

(v) Locations of surface water features within a one (1) mile radius of the site.

(vi) Site location.

(F) Appropriately scaled site maps that can be reproduced from previously submitted and approved site investigation reports that must include the following:

(i) Illustrated legends, scales, and compass directions.

(ii) Topographic base with appropriate contour intervals to accurately describe the site.

(iii) Identified aboveground features, including:

(AA) buildings;

(BB) roadways;

(CC) manways;

(DD) pump islands; and

(EE) property lines.

(iv) Identified subsurface features, including tanks, piping, and utility conduits.

(v) Soil boring and monitoring well locations surveyed with a horizontal closure of less than one (1) foot error.

(vi) Sampling locations, depth of sample taken, and the contaminant concentration results.

(vii) Soil and ground water contaminant plume delineation.

(viii) Ground water elevation contours and ground water flow direction.

(ix) The location of remediation equipment shown to scale.

(G) Geologic and hydrogeologic maps that describe subsurface features, identify the contaminant plume, and include the following:

(i) Cross sections.

(ii) Fence diagrams.

(iii) Geophysical profile or geophysical maps, or both, if available.

(H) A narrative on selected remediation technology that includes the following:

(i) Feasibility studies showing the effectiveness of the selected remediated technology.

(ii) A detailed description of the selected technology, design explanations, and illustrations.

(iii) Projected contaminant removal or treatment rates, or both.

(iv) Technical specifications of equipment and the process.

(v) Discussion of disposal or fate of treated air, soil, and ground water, and permit or discharge requirements.

(I) Sampling and analysis plan to evaluate the performance of the remediation technology that includes the following:

(i) A minimum of quarterly samples taken and reported.

(ii) The following as applicable:

(AA) Field investigation procedures.

(BB) Documentation, in a format prescribed by the commissioner, of the sampling, quality assurance measures, and analysis.

(CC) Field screen samples.

(DD) Sampling methods and laboratory procedures conducted in a manner that will generate scientifically valid data.

(EE) Provisions for retention of laboratory quality assurance and quality control information.

(FF) Provisions for submission of reports that must include a signed laboratory certificate of analysis that lists analysis method, method preparation, date of sample receipt, date of analysis, a statement that the method quality assurance and quality control procedures were followed, the chain of custody documentation, including laboratory receipts, and laboratory decontamination procedures.

(J) A timetable that includes the following shown on a bar chart:

(i) Installation and implementation dates.

(ii) Sampling events.

(iii) Progress milestones.

(iv) Completion dates.

(K) The corrective action plan must be signed by an environmental professional that is one (1) of the following:

(i) A registered professional engineer under IC 25-31-1.

(ii) A licensed professional geologist under IC 25-17.6.

(iii) A certified hazardous materials manager (CHMM) as certified by the Institute of Hazardous Material Management.

(iv) A professional soil scientist registered under IC 25-31.5-4.

(L) Provisions for progress reports to be submitted quarterly in a format prescribed by the commissioner that include the following:

(i) A brief narrative of the remediation process.

(ii) Documentation and data graphically demonstrating remediation effectiveness.

(iii) Quarterly sampling results presented in a tabular format as prescribed by the commissioner with all previous sample data, if previous samples were taken.

(iv) Quarterly ground water elevation gauging results presented in a tabular format, as prescribed by the commissioner, showing the following:

(AA) Wellhead or measuring point elevation.

(BB) Depth to ground water.

(CC) Ground water elevation.

(v) Updated site maps showing the following:

(AA) Soil and ground water contaminant plume delineations.

(BB) Ground water elevation contours.

(CC) Ground water flow directions.

(vi) Signed by an environmental professional that is one (1) of the following:

(AA) A registered professional engineer under IC 25-31-1.

(BB) A licensed professional geologist under IC 25-17.6.

(CC) A certified hazardous materials manager (CHMM) as certified by the Institute of Hazardous Material Management.

(DD) A professional soil scientist registered under IC 25-31.5-4.

(vii) Discussion of remediation system function, days of operation, and explanation for any time periods remediation system does not operate, and repairs or maintenance performed or needed by the remediation system. This discussion must include volumes of air, soil, or ground water extracted and treated by the remediation system, and effluent stream sample results.

(M) Provisions for a final report that includes the following:

(i) Documentation that the cleanup goals and objectives have been achieved.

(ii) A signature by an environmental professional that is one (1) of the following:

(AA) A registered professional engineer under IC 25-31-1.

(BB) A licensed professional geologist under IC 25-17.6.

(CC) A certified hazardous materials manager (CHMM) as certified by the Institute of Hazardous Material Management.

(DD) A professional soil scientist registered under IC 25-31.5-4.

(2) The soil cleanup objectives must be determined and met by complying with IC 13-12-3-2.

(3) The ground water cleanup objectives must be determined and met by complying with IC 13-12-3-2.

(Solid Waste Management Division; 329 IAC 9-5-7; filed Dec 1, 1992, 5:00 p.m.: 16 IR 1072; errata, 16 IR 1955; filed Jul 19, 1999, 12:00 p.m.: 22 IR 3713; readopted filed Jan 10, 2001, 3:25 p.m.: 24 IR 1535; filed Aug 30, 2004, 9:35 a.m.: 28 IR 165)