SECTION 350.3. Process

Once a release of COCs as defined by various programs has been identified and reported pursuant to rules or procedures established by one of the program areas identified in §350.2 of this title (relating to Applicability), this chapter controls the assessment and any action taken in response to that release. Upon initial notification to the appropriate program, the person will follow the general process as stated in paragraphs (1) - (5) of this section to demonstrate compliance with this chapter.

(1) The person shall conduct an affected property assessment, classify groundwater, determine land use, and notify affected property owners in accordance with this subchapter and Subchapter C of this chapter (relating to Affected Property Assessment).

(2) The person shall determine critical protective concentration levels in accordance with Subchapter D of this chapter (relating to Development of Protective Concentration Levels) for the appropriate environmental media.

(3) The person shall develop a response action capable of attaining the response objectives under Remedy Standard A or B in accordance with Subchapter B of this chapter (relating to Remedy Standards).

(4) The person shall develop and submit the reports required in Subchapter B of this chapter (relating to Remedy Standards) which contain the information specified for each report in Subchapter E of this chapter (relating to Reports). The sequencing of report submission is illustrated in the following figure.

Attached Graphic

(5) The person shall implement the response action, document conformance with the response objectives, and if required, file institutional controls, perform post-response action care, and establish financial assurance in accordance with Subchapter B of this chapter (relating to Remedy Standards).

Source Note: The provisions of this §350.3 adopted to be effective September 23, 1999, 24 TexReg 7436; amended to be effective March 19, 2007, 32 TexReg 1526