C.F.R. » Title 40 » CHAPTER I—ENVIRONMENTAL PROTECTION AGENCY › SUBCHAPTER I—SOLID WASTES › PART 280—TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS (UST) › Subpart F—Release Response and Corrective Action for UST Systems Containing Petroleum or Hazardous Substances

40 C.F.R. § 280.66

Corrective action plan

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

(a) At any point after reviewing the information submitted in compliance with §§ 280.61 through 280.63, the implementing agency may require owners and operators 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, owners and operators must submit the plan according to a schedule and format established by the implementing agency. Alternatively, owners and operators may, after fulfilling the requirements of §§ 280.61 through 280.63, choose to submit a corrective action plan for responding to contaminated soil and groundwater. In either case, owners and operators are responsible for submitting a plan that provides for adequate protection of human health and the environment as determined by the implementing agency, and must modify their plan as necessary to meet this standard.

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

(1) The physical and chemical characteristics of the regulated substance, 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 implementing agency, owners and operators must implement the plan, including modifications to the plan made by the implementing agency. They must monitor, evaluate, and report the results of implementing the plan in accordance with a schedule and in a format established by the implementing agency.

(d) Owners and operators 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 they:

(1) Notify the implementing agency of their intention to begin cleanup;

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

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

Notes of Decisions
Cited in 3 cases, 1991–2006 · leading case: United States v. Ownbey Enter., Inc., 780 F. Supp. 817 (N.D. Ga. 1991).
Sort: Relevance Newest Treatment
United States v. Ownbey Enter., Inc., 780 F. Supp. 817 (N.D. Ga. 1991). “The EPA’s authority to require a corrective action plan, as was issued in this case, comes from 40 C.F.R. § 280.66 (a) (1990). That regulation states that “[a]t any point after reviewing the information submitted in compliance with § 280.”
Coll. Park Holdings, LLC v. RaceTrac Petroleum, Inc., 239 F. Supp. 2d 1334 (N.D. Ga. 2002). “As a result, RaceTrac is still in violation of GUST Rule 391-3-15-09(2) and 40 C.F.R. § 280.66 . RaceTrac asserts that any noncompliance with RCRA and the applicable GUST Rules stems from CPH’s refusal to allow RaceTrac access to the Hotel Property in order to carry out EPD…”
Barnett v. Bp Prods. N. Am., Inc.., 2006 NCBC 9 (N.C. Bus. Ct. 2006). “0707 (adopting 40 CFR § 280.66 by reference). The owner/operator is responsible for implementing the plan as modified by DENR.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.