§ 245.312. Remedial action.

 (a)  Upon reasonable notice by the Department to the responsible party, or upon approval of the remedial action plan by the Department, the responsible party shall implement the remedial action plan, or a portion of the remedial action plan, according to the schedule contained therein.

 (b)  During implementation of the remedial action plan, remedial action progress reports shall be submitted to the Department quarterly or at an alternative interval as determined by the Department.

 (c)  Each remedial action progress report shall provide the data generated during the reporting period and shall show the progress to date toward attainment of the selected remediation standard. Each report shall be complete and concisely organized and shall contain the following elements, as necessary, based on the nature, extent, type, volume or complexity of the release:

   (1)  A summary of site operations and remedial progress made during the reporting period.

   (2)  Data collected from monitoring and recovery wells showing depth to groundwater and thickness and horizontal extent of free product.

   (3)  Groundwater contour maps depicting groundwater flow direction.

   (4)  Quantitative analytical results from replacement water supply system, groundwater, surface water, soil and sediment sampling.

   (5)  Maps for all media and all phases at specified times that indicate the distribution of concentrations of regulated substances.

   (6)  For fate and transport analyses, the following information, in addition to that required by §  250.204(f)(5) (relating to final report):

     (i)   An isoconcentration map showing the configuration and concentrations of contaminants within the plume being analyzed.

     (ii)   Sufficient information from monitoring data to establish whether the plume is stable, shrinking or expanding.

     (iii)   Input parameters for the analysis and the rationale for their selection.

     (iv)   Figures showing the orientation of the model or analysis to the field data.

     (v)   Comparison and analysis of the model or mathematical output to the actual field data.

   (7)  Reporting period and cumulative amounts of free product recovered, groundwater treated, and soil and sediment treated or disposed.

   (8)  Treatment and disposal documentation for waste generated during the reporting period.

   (9)  Demonstration that required Federal, State and local permits and approvals are being complied with.

   (10)  A summary of data collected from any water supply that remains affected or diminished, and any maintenance performed.

   (11)  A report of additional items necessary to describe the progress of the remedial action.

 (d)  The first remedial action progress report shall be received by the Department 3 months following the date of remedial action plan implementation or at an alternative interval as determined by the Department. The final remedial action progress report shall be submitted to the Department as part of the remedial action completion report.

 (e)  If during implementation of the remedial action plan the responsible party decides to change the remedial action plan, the responsible party shall prepare and submit, to the Department, a new or modified remedial action plan, to include selection of the new remediation standard, if applicable, in accordance with §  245.311 (relating to remedial action plan).

 (f)  If during implementation of the remedial action plan the responsible party determines that continued implementation of the remedial action plan will cause additional environmental harm, the responsible party shall suspend remedial action and notify the Department, by telephone, within 24 hours of suspension. The responsible party shall prepare and submit a new or modified remedial action plan, to include selection of the new remediation standard, if applicable, to the Department in accordance with §  245.311.

 (g)  If during implementation of the remedial action plan the Department determines that the remedial action plan will not attain the selected remediation standard or will cause additional environmental harm, the Department may require the responsible party to suspend remedial action and notify the Department, by telephone or e-mail, within 24 hours of suspension. The Department may require the responsible party to prepare and submit a new or modified remedial action plan, to include selection of the new remediation standard, if applicable, to the Department in accordance with §  245.311.

Source

   The provisions of this §  245.312 amended November 30, 2001, effective December 1, 2001, 31 Pa.B. 6615; amended December 21, 2018, effective December 22, 2018, 48 Pa.B. 7875. Immediately preceding text appears at serial pages (384202) to (384203).

Cross References

   This section cited in 25 Pa. Code §  245.308 (relating to onsite storage of contaminated soil); and 25 Pa. Code §  245.435 (relating to reporting and recordkeeping).



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