Section 277.287. Abatement plan

(a) The operator of a construction/demolition waste landfill shall prepare and submit to the Department an abatement plan whenever one of the following occurs:

(1) The groundwater assessment plan prepared and implemented under § 277.286 (relating to groundwater assessment plan) shows the presence of groundwater degradation at one or more monitoring wells and the analysis under § 277.286(c) indicates that an abatement standard under subsection (d) will not be met.

(2) Monitoring by the Department or operator shows the presence of an abatement standard exceedance from one or more compliance points as indicated in subsection (d), 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 are met:

(i) Within 10 days after receipt of sample results showing an exceedance of an abatement standard, at a point of compliance described in subsection (d), 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 the following information:

(1) The specific methods or techniques to be used to abate groundwater pollution from the facility.

(2) The specific methods or techniques to be used to prevent further groundwater pollution from the facility.

(c) 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.

(d) If abatement is required in accordance with subsection (a), the operator shall demonstrate compliance with one of the following abatement standards at and beyond 150 meters of the perimeter of the permitted disposal area or at and beyond the property boundary, whichever is closer:

(1) For constituents for which an MCL has been promulgated under the Federal Safe Drinking Water Act or the Pennsylvania Safe Drinking Water Act (42 U.S.C.A. § § 300f—300j-18; and 35 P. S. § § 721.1—721.17), the MCL for that constituent.

(2) For constituents for which MCLs have not been promulgated, the background standard for the constituent.

(3) For constituents for which the background standard is higher than the MCL or risk-based standard identified under paragraph (4), the background standard.

(4) For constituents for which no MCLs have been established, the risk-based standard 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 assessing 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 1.0 x 10^-5 at the property boundary.

(v) For systemic toxicants, the level represents a concentration to which the human population (including sensitive subgroups) could be exposed on a daily basis that is likely to be without appreciable risk of deleterious effects during a lifetime. For purposes of this subparagraph, systemic toxicants include toxic chemicals that cause effects other than cancer or mutation.

(e) Within 60 days of approval by the Department, the operator shall commence implementation of the plan, under the approved implementation schedule. If the Department determines that the proposed plan is inadequate, it may modify the plan and approve the plan as modified.

(f) The abatement plan shall be continued until the Department states in writing, based on monitoring by the Department and the operator, that groundwater pollution from the facility has been permanently abated.

The provisions of this § 277.287 amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial pages (226319) to (226320).

Notation

Cross References

This section cited in 25 Pa. Code § 271.113 (relating to closure plan); 25 Pa. Code § 277.152 (relating to water quality monitoring plan); 25 Pa. Code § 277.281 (relating to general requirements); and 25 Pa. Code § 277.286 (relating to groundwater assessment plan).