NAC444.7497. Program for monitoring corrective action; performance of remedial activities; interim measures to protect public.

Based on the schedule established pursuant to NAC 444.7495 for the initiation and completion of remedial activities, the owner or operator shall:

     1. Establish and carry out a program for monitoring the corrective action for the groundwater which:

     (a) At a minimum, meets the requirements for monitoring set forth in NAC 444.749 and 444.7491;

     (b) Indicates the effectiveness of the remedy; and

     (c) Demonstrates compliance with the standard for the protection of groundwater in accordance with paragraph (b) of subsection 1 of NAC 444.7499;

     2. Carry out the remedy selected pursuant to NAC 444.7494, 444.7495 and 444.7496; and

     3. Take any interim measures necessary to ensure the protection of public health and safety and the environment. Interim measures must, to the greatest extent practicable, be consistent with the objectives, and contribute to the performance, of any remedy which may be required pursuant to NAC 444.7494, 444.7495 and 444.7496. In determining whether interim measures are necessary, the owner or operator shall consider:

     (a) The time required to develop and carry out a final remedy;

     (b) The actual or potential exposure of nearby populations or environmental conditions to hazardous constituents;

     (c) The actual or potential contamination of supplies for drinking water or sensitive ecosystems;

     (d) The further degradation of the groundwater which may occur if remedial action is not initiated expeditiously;

     (e) Weather conditions which may cause hazardous constituents to migrate or be released;

     (f) The risk of fire or explosion, or the potential for exposure to hazardous constituents as a result of an accident or failure of a container or handling system; and

     (g) Any other situations which may pose threats to public health and safety and the environment.

     (Added to NAC by Environmental Comm’n, eff. 11-8-93)