260.905. Hazardous waste management commission to promulgate rules for dry-cleaning facility environmental remediation.
Hazardous waste management commission to promulgate rules fordry-cleaning facility environmental remediation.
260.905. 1. The commission shall promulgate and adopt such initialrules and regulations, effective no later than July 1, 2007, as shall benecessary to carry out the purposes and provisions of sections 260.900 to260.960. Prior to the promulgation of such rules, the commission shallmeet with representatives of the dry-cleaning industry and other interestedparties. The commission, thereafter, shall promulgate and adopt additionalrules and regulations or change existing rules and regulations whennecessary to carry out the purposes and provisions of sections 260.900 to260.960.
2. Any rule or regulation adopted pursuant to sections 260.900 to260.960 shall be reasonably necessary to protect human health, to preserve,protect and maintain the water and other natural resources of this stateand to provide for prompt corrective action of releases from dry-cleaningfacilities. Consistent with these purposes, the commission shall adoptrules and regulations, effective no later than July 1, 2007:
(1) Establishing requirements that owners who close dry-cleaningfacilities remove dry-cleaning solvents and wastes from such facilities inorder to prevent any future releases;
(2) Establishing criteria to prioritize the expenditure of funds fromthe dry-cleaning environmental response trust fund. The criteria shallinclude consideration of:
(a) The benefit to be derived from corrective action compared to thecost of conducting such corrective action;
(b) The degree to which human health and the environment are actuallyaffected by exposure to contamination;
(c) The present and future use of an affected aquifer or surfacewater;
(d) The effect that interim or immediate remedial measures will haveon future costs; and
(e) Such additional factors as the commission considers relevant;
(3) Establishing criteria under which a determination may be made bythe department of the level at which corrective action shall be deemedcompleted. Criteria for determining completion of corrective action shallbe based on the factors set forth in subdivision (2) of this subsectionand:
(a) Individual site characteristics including natural remediationprocesses;
(b) Applicable state water quality standards;
(c) Whether deviation from state water quality standards or fromestablished criteria is appropriate, based on the degree to which thedesired remediation level is achievable and may be reasonably and costeffectively implemented, subject to the limitation that where a state waterquality standard is applicable, a deviation may not result in theapplication of standards more stringent than that standard; and
(d) Such additional factors as the commission considers relevant.
(L. 2000 S.B. 577, A.L. 2005 S.B. 170 merged with S.B. 225)Effective 7-06-05 (S.B. 170) 8-28-05 (S.B. 225)
Expires 8-28-12