6-301 et seq. Utah Solid and Hazardous Waste Act, Sections 19-6-101 et seq.
B. Notification and Interim Action
1. Notification - A person who spills or discharges any petroleum hydrocarbon or other substance which may cause pollution of ground waters in violation of Section 19-5-107 shall notify the Executive Secretary within 24 hours of the spill or discharge. A written notification shall be submitted to the Executive Secretary within five days after the spill or discharge.
2. Interim Actions - A person is encouraged to take immediate, interim action without following the steps outlined in R317-6-6.15 if such action is required to control a source of pollutants. Interim action is also encouraged if required to protect public safety, public health and welfare and the environment, or to prevent further contamination that would result in costlier clean-up. Such interim actions should include source abatement and control, neutralization, or other actions as appropriate. A person that has taken these actions shall remain subject to R317-6-6.15 after the interim actions are completed unless he demonstrates that:
a. no pollutants have been discharged into ground water in violation of 19-5-107; and
b. no wastes remain in a location where there is probable cause to believe they will cause pollution of ground water in violation of 19-5-107, unless, in the case of diesel fuel and oil releases over 25 gallons, the responsible person demonstrates that the pollutant will not affect ground water quality by complying with the following:
(1) remove contaminated soil to the extent possible, or to established background levels, or 500 mg/kg total petroleum hydrocarbons for sensitive areas, or 5000 mg/kg total petroleum hydrocarbons for non sensitive areas as defined by R317-6-1;
(2) collect soil samples at locations and depths sufficient to document that cleanup has been achieved or as directed by the local health department;
(3) treat or dispose contaminated soil at a location approved by the local health department;
(4) submit an interim action report as defined by R317-6-1.23 or as directed by the local health department.
C. Contamination Investigation and Corrective Action Plan - General
1. The Executive Secretary may require a person that is subject to R317-6-6.15 to submit for the Executive Secretary's approval a Contamination Investigation and Corrective Action Plan, and may require implementation of an approved Corrective Action Plan. A person subject to this rule who has been notified that the Executive Secretary is exercising his or her authority under R317-6-6.15 to require submission of a Contamination Investigation and Corrective Action Plan, shall, within 30 days of that notification, submit to the Executive Secretary a proposed schedule for those submissions, which may include different deadlines for different elements of the Investigation and Plan. The Executive Secretary may accept, reject, or modify the proposed schedule.
2. The Contamination Investigation or the Corrective Action Plan may, in order to meet the requirements of this Part, incorporate by reference information already provided to the Executive Secretary in the Contingency Plan or other document.
3. The requirements for a Contamination Investigation and a Corrective Action Plan specified in R317- 6-6.15.D are comprehensive. The requirements are intended to be applied with flexibility, and persons subject to this rule are encouraged to contact the Executive Secretary's staff to assure its efficient application on a site-specific basis.
4. The Executive Secretary may waive any or all Contamination Investigation and Corrective Action Plan requirements where the person subject to this rule demonstrates that the information that would otherwise be required is not necessary to the Executive Secretary's evaluation of the Contamination Investigation or Corrective Action Plan. Requests for waiver shall be submitted to the Executive Secretary as part of the Contamination Investigation or Corrective Action Plan, or may be submitted in advance of those reports.
D. Contamination Investigation and Corrective Action Plan - Requirements
1. Contamination Investigation - The contamination investigation shall include a characterization of pollution, a characterization of the facility, a data report, and, if the Corrective Action Plan proposes standards under R317-6-6.15.F.2. or Alternate Corrective Action Concentration Limits higher than the ground water quality standards, an endangerment assessment.
a. The characterization of pollution shall include a description of:
(1) The amount, form, concentration, toxicity, environmental fate and transport, and other significant characteristics of substances present, for both ground water contaminants and any contributing surficial contaminants;
(2) The areal and vertical extent of the contaminant concentration, distribution and chemical make- up; and
(3) The extent to which contaminant substances have migrated and are expected to migrate.
b. The characterization of the facility shall include descriptions of:
(1) Contaminant substance mixtures present and media of occurrence;
(2) Hydrogeologic conditions underlying and, upgradient and downgradient of the facility;
(3) Surface waters in the area;
(4) Climatologic and meteorologic conditions in the area of the facility; and
(5) Type, location and description of possible sources of the pollution at the facility;
(6) Groundwater withdrawals, pumpage rates, and usage within a 2-mile radius.
c. The report of data used and data gaps shall include:
(1) Data packages including quality assurance and quality control reports;
(2) A description of the data used in the report; and
(3) A description of any data gaps encountered, how those gaps affect the analysis and any plans to fill those gaps.
d. The endangerment assessment shall include descriptions of any risk evaluation necessary to support a proposal for a standard under R317-6-6.15.F.2 or for an Alternate Corrective Action Concentration Limit.
e. The Contamination Investigation shall include such other information as the Executive Secretary requires.
2. Proposed Corrective Action Plan
The proposed Corrective Action Plan shall include an explanation of the construction and operation of the proposed Corrective Action, addressing the factors to be considered by the Executive Secretary as specified in R317- 6-6.15.E. and shall include such other information as the Executive Secretary requires. It shall also include a proposed schedule for completion.
3. The Contaminant Investigation and Corrective Action Plan must be performed under the direction, and bear the seal, of a professional engineer or professional geologist.
E. Approval of the Corrective Action Plan
After public notice in a newspaper in the affected area and a 30-day period for opportunity for public review and comment, the Executive Secretary shall issue an order approving, disapproving, or modifying the proposed Corrective Action Plan. The Executive Secretary shall consider the following factors and criteria in making that decision:
1. Completeness and Accuracy of Corrective Action Plan.
The Executive Secretary shall consider the completeness and accuracy of the Corrective Action Plan and of the information upon which it relies.
2. Action Protective of Public Health and the Environment
a. The Corrective Action shall be protective of the public health and the environment.
b. Impacts as a result of any off-site activities shall be considered under this criterion (e.g., the transport and disposition of contaminated materials at an off-site facility).
3. Action Meets Concentration Limits
The Corrective Action shall meet Corrective Action Concentration Limits specified in R317-6-6.15.F, except as provided in R317-6-6.15.G.
4. Action Produces a Permanent Effect
a. The Corrective Action shall produce a permanent effect.
b. If the Corrective Action Plan provides that any potential sources of pollutants are to be controlled in place, any cap or other method of source control shall be designed so that the discharge from the source following corrective action achieves ground water quality standards or, if approved by the Board, alternate corrective action concentration limits (ACACLs). For purposes of this paragraph, sources of pollutants are controlled "in place" even though they are moved within the facility boundaries provided that they are not moved to areas with unaffected ground water.
5. Action May Use Other Additional Measures
The Executive Secretary may consider whether additional measures should be included in the Plan to better assure that the criteria and factors specified in R317-6-6.15.E are met. Such measures may include:
a. Requiring long-term ground water or other monitoring;
b. Providing environmental hazard notices or other security measures;
c. Capping of sources of ground water contamination to avoid infiltration of precipitation;
d. Requiring long-term operation and maintenance of all portions of the Corrective Action; and
e. Periodic review to determine whether the Corrective Action is protective of public health and the environment.
F. Corrective Action Concentration Limits
1. Contaminants with specified levels
Corrective Actions shall achieve ground water quality standards or, where applicable, alternate corrective action concentration limits (ACACLs).
2. Contaminants without specified levels
For contaminants for which no ground water quality standard has been established, the proposed Corrective Action Plan shall include proposed Corrective Action Concentration Limits. These levels shall be approved, disapproved or modified by the Executive Secretary after considering U.S. Environmental Protection Agency maximum contaminant level goals, health advisories, risk-based contaminant levels or standards established by other regulatory agencies and other relevant information.
G. Alternate Corrective Action Concentration Limits
An Alternate Corrective Action Concentration Limit that is higher or lower than the Corrective Action Concentration Limits specified in R317-6-6.15.F may be required as