§ 289.267. Abatement plan.
(a) The operator of a residual waste disposal impoundment shall prepare and submit to the Department an abatement plan when one of the following occurs:
(1) The groundwater assessment plan prepared and implemented under § 289.266 (relating to groundwater assessment plan) shows the presence of groundwater degradation for one or more contaminants at one or more monitoring points and the analysis under § 289.266(c) indicates that an abatement standard under subsection (c) will not be met.
(2) Monitoring by the Department or operator shows the presence of an abatement standard exceedance for one or more contaminants from one or more compliance points as indicated in subsection (c) even if a groundwater assessment plan has not been completed. The operator is not required to implement an abatement plan under this paragraph if the following apply:
(i) Within 10 days after receipt of sample results showing an exceedance of an abatement standard at a point of compliance described in subsection (c), the operator resamples the affected wells.
(ii) Analysis from resampling shows to the Department’s satisfaction that an exceedance of an abatement standard has not occurred.
(b) An abatement plan shall be prepared by an expert hydrogeologist and submitted to the Department. The plan shall contain, at a minimum, the following information:
(1) The specific methods or techniques to be used to abate groundwater degradation from the facility.
(2) The specific methods or techniques to be used to prevent further groundwater degradation from the facility.
(3) A schedule for implementation.
(c) If abatement is required in accordance with subsection (a), the operator shall demonstrate compliance with one or more of the following standards at the identified compliance points:
(1) For constituents for which a Statewide health standards exists, the Statewide health standard for that constituent at and beyond 150 meters of the perimeter of the permitted disposal area or at and beyond the property boundary, whichever is closer.
(2) The background standard for constituents at and beyond 150 meters of the perimeter of the permitted disposal area or at and beyond the property boundary, whichever is closer.
(3) For constituents for which no primary MCL under the Federal and State Safe Drinking Water Acts (42 U.S.C.A. § § 300f—300j-18 and 35 P. S. § § 721.1—721.17) exist, the risk-based standard at and beyond the property boundary, whichever is closer, if the following conditions are met:
(i) The risk assessment used to establish the standard assumes that human receptors exist at the property boundary.
(ii) The level is derived in a manner consistent with Department guidelines for assessment the health risks of environmental pollutants.
(iii) The level is based on scientifically valid studies conducted in accordance with good laboratory practice standards (40 CFR Part 792 (relating to good laboratory practice standards)) promulgated under the Toxic Substances Control Act (15 U.S.C.A. § § 2601—2692), or other scientifically valid studies approved by the Department.
(iv) For carcinogens, the level represents a concentration associated with an excess lifetime cancer risk level of 1 x 10-5 at the property boundary.
(d) For measuring compliance with secondary contaminants under subsection (c)(1) or (3), the Department may approve a compliance point beyond 150 meters on land owned by the owner or the disposal area.
(e) The abatement plan shall be completed and submitted to the Department for approval within 90 days of the time the obligation arises under this section unless the date is otherwise modified, in writing, by the Department.
(f) If the Department determines that the proposed plan is inadequate, the Department may modify the plan and approve the plan as modified or require the submission of an approval modification.
(g) The abatement plan shall be implemented within 60 days of approval by the Department in accordance with the approved implementation schedule.
(h) If, after plan approval or implementation, the Department finds that the plan is incapable of achieving the groundwater protection contemplated in the approval, the Department may do one or more of the following:
(1) Issue an order requiring the operator to submit proposed modifications to the abatement plan.
(2) Issue an order requiring the operator to implement the abatement plan as modified by the Department.
(3) Issue any order as the Department deems necessary to aid in the enforcement of the act.
Source The provisions of this § 289.267 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226737) to (226740).
Cross References This section cited in 25 Pa. Code § 287.102 (relating to permit-by-rule); 25 Pa. Code § 289.152 (relating to water quality monitoring plan); 25 Pa. Code § 289.261 (relating to general requirements); 25 Pa. Code § 289.266 (relating to groundwater assessment plan); and 25 Pa. Code § 299.144 (relating to operating requirements).
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