TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER f: RISK BASED CLEANUP OBJECTIVES
PART 742 TIERED APPROACH TO CORRECTIVE ACTION OBJECTIVES
SECTION 742.1100 ENGINEERED BARRIERS


 

Section 742.1100  Engineered Barriers

 

a)         Any person who develops remediation objectives under this Part based on engineered barriers shall meet the requirements of this Subpart and the requirements of Subpart J relative to institutional controls.

 

b)         The Agency shall not approve any remediation objective under this Part that is based on the use of engineered barriers unless the person has proposed engineered barriers meeting the requirements of this Subpart.

 

c)         The use of engineered barriers can be recognized in calculating remediation objectives only if the engineered barriers are intended for use as part of the final corrective action.

 

d)         Any no further remediation determination based upon the use of engineered barriers shall require effective maintenance of the engineered barrier.  The maintenance requirements shall be included in an institutional control under Subpart J.  This institutional control shall address provisions for temporary breaches of the barrier by requiring the following if intrusive construction work is to be performed in which the engineered barrier is to be temporarily breached:

 

1)         The construction workers shall be notified by the site owner/operator in advance of intrusive activities.  Such notification shall enumerate the contaminant of concern known to be present; and

 

2)         The site owner/operator shall require construction workers to implement protective measures consistent with good industrial hygiene practice.

 

e)         Failure to maintain an engineered barrier in accordance with that no further remediation determination shall be grounds for voidance of the determination and the instrument memorializing the Agency's no further remediation determination.