250 R.I. Code R. 250-RICR-150-05-3.15

Current through November 7, 2024

Section 250-RICR-150-05-3.15 - Groundwater Remediation

A. The requirements below are for facility owners or operators not subject to other Department regulations or federal laws and regulations that require groundwater remediation.

B. Groundwater Remediation Objectives: When groundwater remediation is required by the Director, the facility owner and operator are jointly and severally responsible for designing and implementing efforts to remediate the groundwater to achieve pollutant concentrations established by the Director. Groundwater remediation activities shall be designed to meet the following objectives:

1. Protect public health and the environment;

2. Ensure compliance with the groundwater quality standards for the classification assigned to the groundwater of concern;

3. Eliminate or contain the source of groundwater pollution and minimize the impacted area;

4. Achieve pollutant concentrations that are consistent with proposed and anticipated future uses of the site;

5. Prevent an adverse impact on surrounding uses of property, groundwater and surface water;

6. Prevent the violation of surrounding groundwater quality standards; and

7. Prevent the groundwater at the remediation site from causing a violation of the surface water quality standards established by the Rhode Island Water Quality Regulations, Part 1 of this Subchapter.

C. Groundwater Remediation Plan: Where required by the Director, a groundwater remediation plan shall be prepared by the facility owner or operator.

1. The groundwater remediation plan shall consist of, at minimum, the following:

a. Groundwater investigation report pursuant to § 3.14(E) of this Part and any additional information the Director shall require;

b. Proposed method for remediation, to include, but not be limited to, the following:

(1) Justification of the ability of the method to meet the remediation objectives;

(2) Design standards and technical specifications for the design and construction of any equipment necessary for the proposed remediation;

(3) Diagrams of any piping routes, instrumentation, and process flows; and

(4) Proposed plans for the disposal of any products or byproducts from the remediation activities;

c. Proposed schedule for implementation of the remediation plan; and

d. Proposed groundwater monitoring plan.

2. The groundwater remediation plan and any associated progress reports shall include the following statements signed by an authorized representative of the party specified:

a. A statement signed by an authorized representative of the person who prepared the groundwater remediation plan certifying, to the best of their knowledge, the accuracy of the information contained in the plan; and

b. A statement signed by the facility owner or operator responsible for the preparation and submittal of the groundwater remediation plan certifying, to the best of their knowledge, that the plan is complete and accurate.

D. Department Review of Groundwater Remediation Plan: Groundwater remediation activities shall be proposed and implemented by the facility owner or operator, and they shall be done in a manner approved by the Director.

1. Upon review of the groundwater remediation plan, the Director shall approve the plan, approve the plan with conditions, require revisions to the plan, or deny approval of the plan based on a determination of the plan's ability to meet the groundwater remediation objectives in § 3.15(B) of this Part.

2. Any person transferring ownership or control of a facility having an approved groundwater remediation plan shall notify the Director of such transfer not less than 30 days prior to the effective date of such transfer.

3. Implementation of remedial activities approved by the Director does not discharge or otherwise release the facility owner or operator from responsibility for any adverse impacts to public health and the environment caused by pollutants in the groundwater at the site.

250 R.I. Code R. 250-RICR-150-05-3.15

Adopted effective 1/9/2019
Amended effective 12/28/2023