49-175. Work plans

A. A work plan to address a release of a contaminant to the environment shall include the following:

1. A summary of existing information on site characterization, including references to known site characterization and assessment information and information regarding any remediation previously conducted at the site or portion of the site.  The applicant shall provide copies of the referenced reports to the department.

2. If the site or portion of the site addressed in the application has not been characterized, a plan to conduct site characterization and a schedule for completion.  The applicant shall provide a schedule for the submission of a work plan for remediation following approval of site characterization.

3. If site characterization is completed for the site or portion of the site addressed in the application, a plan for remediation which will comply with subsection B of this section and a schedule for completion as follows:

(a) The work plan shall describe how the remediation will comply with subsection B of this section and how the completion of remediation will be verified.  The applicant and the department may agree on interim performance goals.  The interim performance goals shall be guidelines used to determine the ongoing effectiveness of the remediation toward reaching the final remediation levels.

(b) The work plan may provide for the remediation to be conducted in phases or tasks that, if agreed to by the applicant, provide for the department to review and approve a completed phase or task before initiation of the next phase or task of the work plan.

4. A schedule for submission of progress reports to the department. The progress reports shall be sufficient to allow the department to determine the effectiveness of the characterization if it has not been completed, followed by the remediation.

5. A proposal for community involvement as prescribed by section 49-176.

6. If known, a list of institutional or engineering controls necessary during remediation and after completion of the proposed remediation to control exposure to contaminants.

7. A proposal for monitoring of a site or portion of a site during the remediation and after the remediation if necessary to verify whether the approved remediation levels or controls have been attained and will be maintained.

8. A list of any permits or legal requirements known by the applicant to apply to the work to be performed or already performed by the applicant.

9. If requested by the department, information regarding the financial capability of the applicant to conduct the work identified in the application.

B. Remediation levels or controls for remediation conducted pursuant to this article shall be established in accordance with rules adopted pursuant to section 49-282.06 unless one or more of the following applies:

1. The applicant demonstrates that remediation levels, institutional controls or engineering controls for remediation of contaminated soil comply with section 49-152 and the rules adopted pursuant to that section.

2. The applicant demonstrates that remediation levels, institutional controls or engineering controls for remediation of landfills or other facilities that contain materials that are not subject to section 49-152 and the rules adopted pursuant to that section will result in a condition that does not exceed a cumulative excess lifetime cancer risk between 1 x 10-4 and 1 x 10-6, and a hazard index no greater than 1.  The excess lifetime cancer risk shall be selected based on site-specific factors including the presence of multiple contaminants, the existence of multiple pathways of exposure, the uncertainty of exposure and the sensitivity of the exposed population. Approval of the use of institutional or engineering controls shall require a demonstration that the controls will be maintained and that the requirements of section 49-158 have been met.

3. The applicant demonstrates that on achieving remediation levels or controls for a source or potential source of contamination to a navigable water, the source of contamination will not cause or contribute to an exceedance of surface water quality standards, or if a permit is required pursuant to 33 United States Code section 1342 for any discharge from the source, that any discharges from the source will comply with the permit. Approval of the use of institutional or engineering controls shall require a demonstration that the controls will be maintained and that the requirements of section 49-158 have been met.

4. The applicant demonstrates that, on achieving remediation levels or controls for a source of contamination to an aquifer, the source will not cause or contribute to an exceedance of aquifer water quality standards beyond the boundary of the facility where the source is located.  In determining whether remediation levels or controls satisfy this requirement, the department shall consider a demonstration by the applicant that aquifer water quality standards are exceeded beyond the boundary of the facility due to naturally occurring contamination or from sources outside of the boundary. The applicant is not required to identify or evaluate other sources. Approval of the use of institutional or engineering controls shall require a demonstration that the controls will be maintained and that the requirements of section 49-158 have been met.

C. The department, at its sole discretion, may waive any work plan requirement under this section that it determines to be unnecessary to make any of the determinations required under section 49-177. Decisions under this subsection are not subject to appeal or dispute resolution under section 49-185.