§ 20430. SWRCB - Corrective Action Program. (C15: s2550.10)
(a) General -A discharger required pursuant to s20385 to establish a corrective action program for a Unit shall, at a minimum, comply with the requirements of this section for that Unit.
(b) Standards -The discharger shall take corrective action to achieve the following goals: to remediate releases from the Unit; to ensure that the discharger achieves compliance with the Water Standard adopted under s20390 for that Unit. The RWQCB shall specify the Water Standard for corrective action [including any concentration limits greater than background, under s20400(c-g)] in the WDRs.
(c) Scope of Actions -The discharger shall implement corrective action measures that ensure that COCs achieve their respective concentration limits at all Monitoring Points and throughout the zone affected by the release, including any portions thereof that extend beyond the facility boundary, by removing the waste constituents or treating them in place. The discharger shall take other action approved by the RWQCB to prevent noncompliance with those limits due to a continued or subsequent release from the Unit, including but not limited to, source control. The WDRs shall specify the specific measures that will be taken.
(d) Monitoring -In conjunction with the corrective action measures, the discharger shall establish and implement a water quality monitoring program to demonstrate the effectiveness of the corrective action program. Such a monitoring program can be based on the requirements for an evaluation monitoring program (under s20425), and shall be effective in determining compliance with the Water Standard (under s20390) and in determining the success of the corrective action measures pursuant to ¶(c).
(e) Compliance Schedule -Corrective action measures taken pursuant to this section shall be initiated and completed by the discharger within a period of time specified by the RWQCB in the WDRs.
(f) Terminating Measures -Corrective action measures taken pursuant to ¶(c)(e.g., pumping and treatment of ground water) may be terminated when the discharger demonstrates to the satisfaction of the RWQCB that the concentrations of all COCs are reduced to levels below their respective concentration limits throughout the entire zone affected by the release.
(g) Demonstrating Completion of CAP -After suspending the corrective action measures, pursuant to ¶(f), the Unit shall implement the remaining portions of the Corrective Action Program until an approved Detection Monitoring Program meeting the requirements of s20420 has been incorporated into WDRs and until the discharger demonstrates to the satisfaction of the RWQCB that the Unit is in compliance with the Water Standard (under s20390). If the Unit is an MSW landfill, then this demonstration shall meet the federal requirements incorporated by reference in SWRCB Resolution No. 93-62 [see s258.58(c) of 40CFR258], in lieu of meeting the requirements of ¶(g)(1 & 2). For all other Units, this demonstration shall be based on the following criteria and requirements:
(1) the concentration of each COC in each sample from each Monitoring Point in the Corrective Action Program for the Unit must have remained at or below its respective concentration limit during a proof period of at least one year, beginning immediately after the suspension of corrective action measures; and
(2) the individual sampling events for each Monitoring Point must have been evenly distributed throughout the proof period and have consisted of no less than eight sampling events per year per Monitoring Point.
(h) Semi-Annual Progress Reports -The discharger shall report, in writing, to the RWQCB on the effectiveness of the corrective action program. The discharger shall submit these reports at least semi-annually. More frequent reporting shall be required by the RWQCB as necessary to ensure the protection of human health or the environment.
(i) Discharger-Initiated CAP Changes -If the discharger determines that the corrective action program does not satisfy the provisions of this section, the discharger shall, within 90 days of making the determination, submit an amended report of waste discharge to make appropriate changes to the program.
(j) RWQCB-Initiated CAP Changes -Any time the RWQCB determines that the corrective action program does not satisfy the requirements of this section, the discharger shall, within 90 days of receiving written notification of such determination by the RWQCB, submit an amended report of waste discharge to make appropriate changes to the program.(1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25).)
Note: Authority cited: Section 1058, Water Code. Reference: Sections 13172, 13263, 13267 and 13304, Water Code; and Section 43103, Public Resources Code.
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