7 Del. Admin. Code § 1375-11.0

Current through Reigster Vol. 28, No. 6, December 1, 2024

Section 1375-11.0 - Remedial Action Objectives & Cleanup Levels

11.1 Remedial Action Objectives

11.1.1 During or following the remedial investigation, remedial action objectives shall be developed by a potentially responsible party, any person conducting the investigation, or the Department. Remedial action objectives will include qualitative and quantitative objectives. At the Department's discretion, remedial action objectives may be revised based on additional information.

11.1.2 Qualitative objectives describe, in general terms, how the remedial action will address specific threats to public health or welfare or the environment.

11.1.3 Based on the qualitative objectives, quantitative objectives will be developed that define specific remedial actions.

11.1.4 Remedial action objectives shall consider factors including current and potential land use, natural resource use, use of surrounding properties, background levels, facility specific risk assessment, specific environmental issues, and any applicable local, state and federal laws and regulations.

11.2 Cleanup Levels

11.2.1 Cleanup levels shall meet the acceptable risk.

11.2.2 Cleanup levels shall be based on site specific risks caused by releases of hazardous substances.

11.2.3 The future use of the facility shall be incorporated in a determination of cleanup levels based on site specific risks.

11.2.4 When multiple contaminants of concern (COCs) are present or multiple environmental media are contaminated, then the total cumulative risk from all of the COCs in all appropriate pathways of exposure shall not exceed the acceptable risk, except that:

11.2.4.1 The cumulative non-carcinogenic effect of COCs shall be evaluated in relation to target organs.

11.2.4.2 At its discretion, the Department may allow the maximum contaminant levels (MCLs) to be used as the cleanup levels for groundwater at a facility.

11.2.4.3 When the background level of a contaminant exceeds the concentration corresponding to the acceptable risk, the background level shall be the cleanup level.

7 Del. Admin. Code § 1375-11.0