49-762.08. Corrective actions; application

A. Beginning July 1, 1998, the director, in the absence of applicable corrective action rules adopted pursuant to section 49-761 for solid waste facilities other than solid waste landfills, may require the owner or operator of a solid waste facility to conduct corrective action in response to a release, as defined in section 49-281, from a facility, if the release violates or results from a violation of section 49-762.07, subsection F or causes or threatens to cause a significant adverse effect on human health or the environment.

B. Corrective action taken pursuant to this section shall be conducted in accordance with standards described in section 49-282.06, subsection A, subsection B, paragraph 4, subdivisions (a) and (b) and subsections C, D and F.

C. This section shall not apply to the following:

1. Corrective or remedial action of groundwater that has been impacted by an off-site source.

2. A release subject to a corrective action pursuant to chapter 6 of this title relating to underground storage tanks.

3. A release from a facility subject to the provisions of 40 Code of Federal Regulations part 257 or part 258.

D. The department shall avoid practices or requirements that duplicate or are inconsistent with other applicable laws and rules, to the maximum extent practicable, for releases subject to corrective actions pursuant to any of the following:

1. Chapter 2, article 3 of this title relating to aquifer protection permits.

2. Chapter 5 of this title relating to hazardous waste.

3. The federal water pollution control act amendments of 1972 (P.L. 92-500; 86 Stat. 2795; 42 United States Code sections 6901 through 6992).

E. For a release from a solid waste facility that was caused or contributed to by more than one responsible party, as defined in section 49-283, the director's authority to require corrective action under this section is limited to releases that occur after July 1, 1998, and when the owner or operator of the solid waste facility was subject to regulation pursuant to this chapter. Nothing in this subsection extends or limits the application of chapter 2, article 5 of this title.

F. For a release from a solid waste facility subject to the provisions of 40 Code of Federal Regulations part 257 or part 258, the corrective action shall be conducted in accordance with the provisions of those regulations.