§ 15-3109 — Groundwater remediation strategy

§ 15-3109. Groundwater remediation strategy.\n No later than three years after the effective date of this title, the\ndepartment, in consultation with the department of health, shall develop\nand publish a strategy to address the long-term remediation of\ngroundwater contamination, including strategies to protect groundwater\nfrom future degradation from contaminated sites.\n 1. Such strategy shall govern all programs within the department\nresponsible for groundwater protection and remediation. Such strategy\nshall include, but not be limited to:\n (a) Recognition that both short- and long-term remediation strategies\nmay be necessary to address groundwater contamination.\n (b) Identification of the long-term groundwater remedial activities\nthat are required to be taken by the state pursuant to title fourteen of\narticle twenty-seven of this chapter for sites which the department has\ndetermined pose a significant threat, or which can be initiated by the\nstate pursuant to other provisions of this chapter to address\ngroundwater contamination.\n (c) Establishment of criteria for the prioritization of long-term\ngroundwater remediation activities to be performed by the department.\nSuch criteria shall include, but not be limited to:\n (i) the current or reasonably anticipated future use of contaminated\ngroundwater as drinking water;\n (ii) the current or reasonably anticipated future use of a groundwater\naquifer into which contaminated groundwater is flowing as drinking\nwater;\n (iii) the current or reasonably anticipated future use of contaminated\ngroundwater for non-potable purposes including but not limited to\nrecreational uses, institutional uses and agricultural or\nnon-agricultural irrigation;\n (iv) community needs;\n (v) feasibility of remediation; and\n (vi) protection of natural resources and minimizing the impairment of\nthe resource.\n Notwithstanding subparagraphs (i) through (vi) of this paragraph,\nwhile the current use of groundwater as drinking water may be\nconsidered, the absence of such use shall not exclude the need for\nremediation.\n 2. A public comment period of at least one hundred twenty days shall\nbe held on the initial draft strategy. Such strategy shall be updated\nregularly based on progress made and the availability of new remedial\ntechnologies, scientific information, and field data. Each updated draft\nstrategy shall be released to the public, and will require a public\ncomment period of at least sixty days.\n 3. The department is responsible pursuant to title fourteen of article\ntwenty-seven of this chapter for the remediation of off-site groundwater\ncontamination emanating from sites being remediated by a volunteer,\nwhich sites have been determined to be a significant threat. Within six\nmonths of the determination of significant threat at a site being\nremediated by the volunteer the department shall bring an enforcement\naction against any parties known or suspected to be responsible for\ncontamination at or emanating from the site which is the subject of such\nagreement. If such action cannot be brought, or does not result in the\ninitiation of a remedial program by such party or parties at such site,\nthe department shall use best efforts to begin a remedial program to\nperform the remediation of off-site contamination at such site within\none year of the completion of such enforcement action or the completion\nof the volunteer's remedial program, whichever is later.\n