La. Admin. Code tit. 33 § VI-521

Current through Register Vol. 50, No. 11, November 20, 2024

Section VI-521 - Post-Remedial Management

A. General

1. Sites shall be placed under post-remedial management performed by the department, or by PRPs as directed by the department, where:

a. hazardous substances remain on-site at levels above remedial goals; or

b. post-remedial management is part of the approved remedy.

2. Management activities shall include the continued operation of long-term remedies, the maintenance of the site and its facilities, and continued monitoring of site conditions.

B. Operation and Maintenance. An operation and maintenance (O and M) plan shall be prepared for all sites assigned post-remedial management because hazardous substances remain at the site at levels above remedial goals or where O and M is part of the approved remedy. O and M plans prepared by PRPs shall be submitted to the Office of Environmental Assessment for review and approval. The department will provide comments to the PRPs and require revisions as necessary before approving the PRPs' plan. O and M plans prepared by PRPs for a site where leaving hazardous substances at the site is part of the approved and completed remedy shall be submitted to the department for review and approval at least six months prior to completion of the remedy. Each O and M plan shall include, but not be limited to:

1. the name, telephone number, and address of the person responsible for the operation and maintenance of the site;

2. a description of all operation and maintenance tasks and specifications;

3. all design and construction plans;

4. any applicable equipment diagrams, specifications, and manufacturer's guidelines;

5. an operation and maintenance schedule;

6. a list of spare parts available at the site for repairs;

7. a site-specific health and safety plan; and

8. other information as requested by the department.

C. Monitoring. If required by the department, a monitoring plan shall be developed by the Office of Environmental Assessment, or by PRPs as directed by the department. A monitoring plan prepared by PRPs shall be submitted to the department for review and approval. The department shall provide comments to the PRPs and require revisions as necessary before approving the PRPs plan. This plan shall include a description of provisions for monitoring of site conditions during the post-remedial management period to prevent further endangerment to human health and the environment, including:

1. the location of monitoring points;

2. the environmental media to be monitored;

3. the hazardous substances to be monitored and the basis for their selection;

4. a monitoring schedule;

5. monitoring methodologies to be used (including sample collection procedures and laboratory methodology);

6. provisions for quality assurance and quality control;

7. data presentation and evaluation methods;

8. a contingency plan to address ineffective monitoring; and

9. provisions for reporting to the department on a semiannual basis including, at a minimum:

a. the findings from the previous six months;

b. an explanation of any anomalous or unexpected results;

c. an explanation of any results that are not in compliance with the RECAP standards; and

d. proposals for corrective action.

D. Periodic Review by the Department. The department shall review the status of sites assigned to post-remedial management a minimum of every five years to determine whether or not any hazardous substances remaining at the site are endangering human health and the environment. During this review, the department shall periodically assess, through site visits, review of O and M reporting, and review of monitoring reports, the adequacy of various aspects of the post-remedial management activities at the site. These aspects include, but are not limited to:

1. compliance with the O and M schedule;

2. determination of whether or not the implementation of the O and M plan is proceeding as designed to maintain the intended level of protection to human health and the environment;

3. compliance with monitoring data reporting requirements;

4. completion of any necessary repairs;

5. compliance with and effectiveness of institutional controls (if any were implemented as part of the remedy);

6. determination of whether or not any newly enacted laws or newly promulgated regulations are applicable to the site and require additional action; and

7. post-remedial management costs incurred.

E. Discontinuation of Post-Remedial Management. The department may discontinue post-remedial management activities based upon its periodic review, as described in Subsection D of this Section. Discontinuation of post-remedial management will result in a determination of no further action by the department.

La. Admin. Code tit. 33, § VI-521

Promulgated by the Department of Environmental Quality, Office of Environmental Assessment, Environmental Planning Division, LR 25:2191 (November 1999), amended LR 26:2512 (November 2000), amended by the Office of the Secretary, Legal Affairs Division, LR 33:2138 (October 2007), amended by the Office of the Secretary, Legal Division, LR 38:2758 (November 2012), Amended by the Office of the Secretary, Legal Affairs and Criminal Investigations Division, LR 432140 (11/1/2017).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2271 et seq.