§ 15-3109. Groundwater remediation strategy.

No later than three years after the effective date of this title, the
department, in consultation with the department of health, shall develop
and publish a strategy to address the long-term remediation of
groundwater contamination, including strategies to protect groundwater
from future degradation from contaminated sites.

1. Such strategy shall govern all programs within the department
responsible for groundwater protection and remediation. Such strategy
shall include, but not be limited to:

(a) Recognition that both short- and long-term remediation strategies
may be necessary to address groundwater contamination.

(b) Identification of the long-term groundwater remedial activities
that are required to be taken by the state pursuant to title fourteen of
article twenty-seven of this chapter for sites which the department has
determined pose a significant threat, or which can be initiated by the
state pursuant to other provisions of this chapter to address
groundwater contamination.

(c) Establishment of criteria for the prioritization of long-term
groundwater remediation activities to be performed by the department.
Such criteria shall include, but not be limited to:

(i) the current or reasonably anticipated future use of contaminated
groundwater as drinking water;

(ii) the current or reasonably anticipated future use of a groundwater
aquifer into which contaminated groundwater is flowing as drinking
water;

(iii) the current or reasonably anticipated future use of contaminated
groundwater for non-potable purposes including but not limited to
recreational uses, institutional uses and agricultural or
non-agricultural irrigation;

(iv) community needs;

(v) feasibility of remediation; and

(vi) protection of natural resources and minimizing the impairment of
the resource.

Notwithstanding subparagraphs (i) through (vi) of this paragraph,
while the current use of groundwater as drinking water may be
considered, the absence of such use shall not exclude the need for
remediation.

2. A public comment period of at least one hundred twenty days shall
be held on the initial draft strategy. Such strategy shall be updated
regularly based on progress made and the availability of new remedial
technologies, scientific information, and field data. Each updated draft
strategy shall be released to the public, and will require a public
comment period of at least sixty days.

3. The department is responsible pursuant to title fourteen of article
twenty-seven of this chapter for the remediation of off-site groundwater
contamination emanating from sites being remediated by a volunteer,
which sites have been determined to be a significant threat. Within six
months of the determination of significant threat at a site being
remediated by the volunteer the department shall bring an enforcement
action against any parties known or suspected to be responsible for
contamination at or emanating from the site which is the subject of such
agreement. If such action cannot be brought, or does not result in the
initiation of a remedial program by such party or parties at such site,
the department shall use best efforts to begin a remedial program to
perform the remediation of off-site contamination at such site within
one year of the completion of such enforcement action or the completion
of the volunteer's remedial program, whichever is later.