Section 750.462  Phase VI − Remedial Action − Initial Remedial Action

In some instances, initial remedial measures can and should begin before final selection of an appropriate remedial action if such measures are determined to be feasible and necessary to limit exposure or threat of exposure to a significant health or environmental hazard and if such measures are cost-effective.  Compliance with Section 750.450(b) is a prerequisite to taking initial remedial measures.  The following factors should be used in determining whether initial remedial measures are appropriate:

a)         Actual or potential direct contact with hazardous substances by nearby population.  (Measures might include fences and other security precautions.)

b)         Absence of an effective drainage control system (with an emphasis on run-on control).  (Measures might include drainage ditches.)

c)         Contaminated drinking water at the tap.  (Measures might include the temporary provision of an alternative water supply.)

d)         Hazardous substances in drums, barrels, tanks, or other bulk storage containers above surface posing a serious threat to public health or the environment. (Measures might include transport of drums off-site.)

e)         Highly contaminated soils largely at or near surface, posing a serious threat to public health or the environment.  (Measures might include temporary capping or removal of highly contaminated soils from drainage areas.)

f)         Serious threat of fire or explosion or other serious threat to public health or the environment.  (Measures might include stabilization of berms, dikes or impoundments.)

g)         Weather conditions that may cause substances to migrate and to pose a serious threat to public health or the environment.  (Measures might include stabilization of berms, dikes or impoundments.)