Section 329IAC10-29-9. Corrective action program

   (a) A corrective action program is required whenever the ground water protection standard under section 10 of this rule is exceeded, and may be required at the discretion of the commissioner if any of the secondary standards under section 7(c) of this rule exceed the levels specified in section 7(f) of this rule.

  (b) A corrective action monitoring program must comply with the Phase II monitoring requirements under section 7 of this rule. Additional monitoring must be implemented as determined by the commissioner to be necessary to the following:

(1) Determine the areal extent of any plume of contamination for each constituent under section 10 of this rule that has been measured at concentrations that exceed background levels.

(2) Demonstrate the effectiveness of the corrective action program.

This additional monitoring may include a requirement that the owner or operator of a restricted waste site Type I or Type II or nonmunicipal solid waste landfill sample public or private water supply wells identified by the commissioner to determine the extent of ground water contamination unless permission cannot be obtained from the well owner.

  (c) With the approval of the commissioner, the owner or operator of a restricted waste site Type I or Type II or nonmunicipal solid waste landfill shall immediately implement a corrective action program to include the following:

(1) Prevent further migration of all constituents that exceed the ground water protection standard established under section 10 of this rule.

(2) Minimize any increase in the concentrations of all constituents specified in the ground water protection standard established under section 10 of this rule at the existing monitoring boundary.

(3) Notify all persons who own the land or reside on the land that directly overlies any part of the plume defined in subsection (b)(1).

(4) Replace any currently used sources of ground water that lie within any part of the plume defined in subsection (b)(1) with water from an alternate source that has been approved by the commissioner. The amount of water supplied from an alternate water source under this subdivision must be equal to the usage rates of the replaced ground water source.

(5) Take any other steps deemed necessary by the commissioner to ensure protection of human health and the environment.

  (d) If the commissioner determines that restoration of the ground water protection standard at or beyond the monitoring boundary is necessary to eliminate any threat to human health or the environment, the commissioner may require the owner or operator of a restricted waste site Type I or Type II or nonmunicipal solid waste landfill to design and implement a corrective action program to achieve the concentration limits in the ground water protection standard by removing or treating in place any constituents under section 10 of this rule that were released by the solid waste facility and that exceed the ground water protection standard established under section 10 of this rule at or beyond the monitoring boundary. Corrective action programs under this subsection must be initiated and completed within a reasonable period of time as determined by the commissioner. When the ground water protection standard has been achieved, the commissioner may determine appropriate monitoring requirements on a site-specific basis to demonstrate the continued effectiveness of the corrective action program. (Solid Waste Management Division; 329 IAC 10-29-9; filed Mar 14, 1996, 5:00 p.m.: 19 IR 1904; readopted filed Jan 10, 2001, 3:25 p.m.: 24 IR 1535; readopted filed May 14, 2007, 1:53 p.m.: 20070523-IR-329070138BFA; readopted filed Jul 29, 2013, 9:20 a.m.: 20130828-IR-329130179BFA)