15A NCAC 02N .0707. CORRECTIVE ACTION PLAN

(a)  The provisions for a "Corrective action plan" contained in 40 CFR 280.66 (Subpart F) have been incorporated by reference including any subsequent amendments and editions with the exception of the following Paragraph.  This material is available for inspection at the Department of Environment and Natural Resources, Division of Water Quality, Groundwater Section, 2728 Capital Boulevard, Raleigh, North Carolina.  Copies of 40 CFR Parts 260 to 299 may be obtained from the Superintendent of Documents, Government Printing Office, Washington, D.C., 20402 at a cost of thirty-one dollars ($31.00).

(b)  40 CFR 280.66(a) has been rewritten to read:  "At any point after reviewing the information submitted in compliance with 40 CFR 280.61 through 40 CFR 280.63, the Division may require owners and operators to submit additional information or to develop and submit a corrective action plan for responding to contaminated soils and groundwater.  If a plan is required, owners and operators must prepare a plan in accordance with the requirements specified in 15A NCAC 2L, and submit it according to a schedule established by the Division.  When establishing the schedule for submission of this plan, the Division shall consider the previous history of the person submitting the report in complying with deadlines established under the Commission=s rules, the risk classification of the discharge or release, the complexity of site hydrogeology, the extent of contamination, and the necessity for immediate action to eliminate an imminent threat to public health or the environment.  Owners and operators are responsible for submitting a plan that provides for adequate protection of human health and the environment as determined by the Division, and must modify their plan as necessary to meet this standard."

 

History Note:        Authority G.S. 143-215.3(a)(15); 143B-282(2)(h);

Eff. January 1, 1991;

Amended Eff. September 1, 1992;

Temporary Amendment Eff. January 2, 1998;

Amended Eff. October 29, 1998.