R 299.5536 Scope Of Remedial Action Plans Generally; Provisions In Administrative Agreements Dependent On Degree Of Cleanup Achieved By Remedial Action.

Rule 536.

          (1)  In addition to the general requirements of R 299.5532 that a remedial action plan (RAP)  address all environmental contamination at a facility, all of the following principles apply when defining the area to be addressed in a RAP:

                    (a)  Proper definition of the area to be addressed depends on having completed appropriate characterization.  This requires that areas used for hazardous substance storage, handling, transfer, transport, and disposal be identified to the extent practical from available information and inquiry that is reasonable under the circumstances.  Areas of known and likely hazardous substance release, based on such information and inquiry, shall then be evaluated to determine the nature and extent of environmental contamination associated with the releases.

                    (b)  An unremediated release, as that term is used in R 299.5534 may be excluded from a RAP as provided for in that rule.

                    (c)  The minimum area ordinarily covered in a RAP will be the property or contiguous contaminated properties owned or operated by the person proposing the remedial action, plus, when a person who is liable is conducting the remedial action, the extent of migration of environmental contamination beyond that person's property boundary.  A facility is not necessarily coextensive with the area covered by RAP, and may be smaller.

                    (d)  If there is more than 1 facility at a property or contiguous properties owned or operated by the person who is proposing the remedial action, then all facilities that are in reasonable proximity to one another shall be addressed in a single RAP.  If there is more than 1 facility at a property or contiguous properties, then a release may be addressed in a separate RAP only if appropriate facility characterization demonstrates that environmental contamination from that facility is not, and will not become, commingled with environmental contamination from another facility, or otherwise approved by the department.

                    (e)  If there is more than 1 facility at a property under common ownership, then the facilities shall not be addressed in more than 1 RAP if such an approach would make it impractical or unreasonably difficult to evaluate the appropriateness of the remedial action, or result in the need to define land or resource use restrictions in areas too small to be properly managed or in a pattern that makes compliance with the land or resource use restrictions impractical.

                    (f)  If there is more than 1 facility at a property or contiguous properties under common ownership, then the facilities shall not be addressed in more than 1 RAP to avoid financial assurance requirements.

          (2)  Only areas of a property where appropriate site characterization has been conducted shall be included in a RAP.  Any limitations in this regard shall be explicitly reflected in the restrictive covenant, notice of approved environmental remediation, or similar land or resource use restriction document associated with the remedial action.  This subrule does not prohibit including, in a land or resource use restriction document, 1 or more areas where appropriate facility characterization activities have not been conducted, but the limitations of the characterization and the presumptive nature of the restrictions shall be reflected in the land or resource use restriction document as provided in this subrule.