§ 250.407. Point of compliance.
(a) For attainment of a site-specific standard in groundwater, the point of compliance is the property boundary that existed at the time the contamination was discovered. Site-specific standards shall be attained at and beyond the point of compliance. The Department may determine in writing a point of compliance beyond the property boundary to be appropriate if one of the following situations is demonstrated:
(1) Structures are located on the property boundary which prohibit internal or external access for a drill rig.
(2) The property is a small parcel of land with limited space for onsite monitoring wells.
(3) It is not physically possible to monitor groundwater quality at the property boundary.
(4) The downgradient property was owned by the same party at the time the contamination was discovered and the use of the groundwater on the downgradient property can be controlled to prevent unacceptable exposure.
(5) For measuring compliance with secondary contaminants.
(b) For attainment of a site-specific standard in residential areas for volatilization directly to indoor air, the point of compliance is the point of exposure where there is exposure on the site in a below-grade occupied space.
(c) For attainment of site-specific soil standards in residential areas, the point of compliance for ingestion and inhalation exposure is up to 15 feet below the existing surface unless bedrock or physical structures are encountered which prevent safe continued remediation.
(d) For attainment of site-specific soil standards in nonresidential areas, the point of compliance for ingestion, inhalation and volatilization is the point of exposure as identified in an approved risk assessment report, if required.
(e) For the emission of regulated substances to outdoor air, the point of compliance for the air quality standard shall be as specified in the air quality regulations. See Article III (relating to air resources).
Authority The provisions of this § 250.407 issued under sections 104(a) and 303(a) of the Land Recycling and Environmental Remediation Standards Act (35 P. S. § § 6026.104(a) and 6026.303(a)).
Source The provisions of this § 250.407 amended January 7, 2011, effective January 8, 2011, 41 Pa.B. 230. Immediately preceding text appears at serial pages (285781) to (285782).
Cross References This section cited in 25 Pa. Code § 250.701 (relating to scope).
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