Corrective Action Plan 391-3-19-.06(6)

Rule 391-3-19-.06. Corrective Action

When a compliance status report demonstrates contaminated areas are not in compliance with the Rules of Hazardous Site Response (391-3-19), the responsible parties are required to submit a corrective action plan (CAP) as two electronic copies and one paper copy ( Download this doc file. electronic submittal format guide ).

The CAP details proposed cleanup technologies and includes a schedule showing how much time is required for the chosen technology to bring the site into compliance.

If the responsible parties are unable to fulfill the requirements of the CAP, enforcement action may be taken against the responsible parties and/or the State may pay for the cleanup using the Hazardous Waste Trust Fund. This page provides a description of the parts of a CAP.

At a minimum, a CAP should include the following:

Property description: General description and location of the property. A site location map should be included.

Environmental history: Brief description of the site’s environmental history including contamination release dates (if known), dates that contamination was first identified, and any previous investigatory and/or remedial activities.

Current site contamination description: Brief description of the release at the site including list of regulated substance, concentration of regulated substances, and a map(s) showing where the release is occurring at the site.

Proposed Cleanup Remedies: Descriptions should be detailed as described below.

  • Name of each remedy
  • Description of each remedy including how the remedy will be successful considering site-specific factors (depth to groundwater, soil/bedrock lithology, geochemistry, microbiology, etc.), and media to which is will be applied (i.e., soil, groundwater, surface water, sediment, etc.)
  • Cost estimate of each remedy: Based on the remedy and schedule proposed, an itemized cost estimate must be included. EPD may require the responsible parties to obtain financial assurance as a condition of a CAP approval. Model financial assurance instruments are available here.
  • Timeframe for completion of cleanup: An itemized schedule must detail significant milestones, including pre-construction activities, such as pilot studies, etc., bidding periods, construction, set-up, monitoring/reporting schedule to demonstrate the technology is effective, and submittal of a final Compliance Status Report. Models may also be included to support the proposed timeframe.
  • Examples of other similar sites where remedy has been used successfully
  • Considering the above, a corrective action technology must be selected.

SOIL Monitoring

  • If soil is removed, confirmation samples around the floor and sides of the excavation must be collected to ensure all regulated substances above the risk reduction standard has been removed. Once confirmation samples are collected to adequately show removal is complete, no further soil samples will be required.
  • If soil is not removed, and an in-situ cleanup technology is used, soil samples should be collected on routine basis to ensure cleanup is effective. The timeframe between sampling should be decided on a site-specific basis.


  • One complete round of groundwater sampling should be conducted prior to beginning cleanup.
  • Following the start of cleanup, groundwater samples should be collected from a series of approved monitoring wells on a specified basis (quarterly, semi-annually, etc.).

Popular SOIL Clean up Technologies

Dig and Haul: Removal of all soil above risk reduction standards and disposal at a proper disposal or recycling facility (stabilization before disposal may be required).

In Situ Blending: Addition of chemical amendments to soil to stabilize and/or treat contamination.

In Situ Soil Vapor Extraction: Vacuuming vapor in the soil and filtering to collect and remove contaminants. For more information see the following links:

In Situ Bioremediation/Augmentation: Farming the soil for microbes that remove contamination. For more information see the following link:

Engineering and Institutional Controls: Installing engineering controls such as physical barriers (fence, cap, slurry wall, etc.) around contaminated soil, permeable barriers or pump and treat capture zones for groundwater, etc. Institutional controls include various affidavits in county deed records as well as various public notices. These measures are only allowed where Type 5 risk reduction standards are approved by EPD.

Popular GROUNDWATER Clean up Technologies

Pump and Treat: Pumping groundwater out of the ground into a treatment facility (filter, air stripper, etc.). For more information see the following EPA links:

Chemical Oxidation: Injecting groundwater with chemical oxidants that chemically alter the contamination into non-regulated material. For more information see the following links:

Bioremediation/Augmentation: Injecting fertilizers and/or microbes to the groundwater. For more information see the following links:

Air Sparging (sometimes coupled with Soil Vapor Extraction): Injecting air into the groundwater to volatilize contaminants and by adding oxygen will aid in bioremediation/natural attenuation.

Monitored Natural Attenuation: When a site has low levels of contamination, it may be feasible to allow the contamination to naturally attenuate as opposed to an active remediation method. In order to approve monitored natural attenuation, the responsible party must demonstrate that the site is likely to reach clean-up standards within a reasonable time. To make the demonstration, the following is required:

  1. An acceptable score must be calculated using the Analytical Parameters and Weighting for Preliminary Screening for Anaerobic Biodegredation Processes (Table 2.3 in the following document: Technical Protocol for Evaluating Natural Attenuation of Chlorinated Solvents in Groundwater (PDF))
  2. A fate and transport model must be submitted to show that the site will reach risk reduction standards within the reasonable time. The fate and transport models submittal should include enough information to duplicate the model.

Other useful links for Monitored Natural Attenuation include the following: