N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 613-7.7

Current through Register Vol. 46, No. 45, November 2, 2024

Section 613-7.7 - Corrective action plan

(a) At any point after reviewing the information submitted in compliance with sections 7.2 through 7.4 of this Subpart, the Department may require the facility to submit additional information or to develop and submit a corrective action plan for responding to contaminated soils and groundwater. If a plan is required, the facility must submit the plan according to a schedule and format established by the Department. Alternatively, the facility may, after fulfilling the requirements of sections 7.2 through 7.4 of this Subpart, choose to submit a corrective action plan for responding to contaminated soil and groundwater. In either case, the facility is responsible for submitting a plan that provides for adequate protection of public health and the environment as determined by the Department, and must modify the facility's plan as necessary to meet this standard.

(b) The Department will approve the corrective action plan only after ensuring that implementation of the plan will adequately protect public health, safety, and the environment. In making this determination, the Department will consider the following factors as appropriate:

(1) the physical and chemical characteristics of the petroleum, including its toxicity, persistence, and potential for migration;

(2) the hydrogeologic characteristics of the facility and the surrounding area;

(3) the proximity, quality, and current and future uses of nearby surface water and groundwater;

(4) the potential effects of residual contamination on nearby surface water and groundwater;

(5) an exposure assessment; and

(6) any information assembled in compliance with this Subpart.

(c) Upon approval of the corrective action plan or as directed by the Department, the facility must implement the plan, including modifications to the plan made by the Department. The facility must monitor, evaluate, and report the results of implementing the plan in accordance with a schedule and in a format established by the Department.

(d) The facility may, in the interest of minimizing environmental contamination and promoting more effective cleanup, begin cleanup of soil and groundwater before the corrective action plan is approved provided that the facility:

(1) notifies the Department of the facility's intention to begin cleanup;

(2) complies with any conditions imposed by the Department, including halting cleanup or mitigating adverse consequences from cleanup activities; and

(3) incorporates these self-initiated cleanup measures in the corrective action plan that is submitted to the Department for approval.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 613-7.7

Adopted New York State Register July 19, 2023/Volume XLV Issue 29, eff. 10/17/2023