Section 299.30. Surface water and surface water sediments; cleanup criteria.

(1) Any response activity plan that addresses surface water or sediments associated with waters of the state shall include site-specific cleanup criteria established by the department on the basis of sound scientific principles and evaluation of bulk sediment chemistry, sediment toxicity, and benthic community populations. Criteria shall be established considering the need to eliminate or mitigate the following use impairments, as appropriate to the facility in question:

(a)  Restrictions on fish or wildlife consumption.

(b)   Tainting of fish and wildlife flavor.

(c)   Degraded fish or wildlife populations.

(d)  Fish tumors or other deformities.

(e)   Bird or animal deformities or reproductive problems.

(f)  Degradation of benthos.

(g)   Restrictions on dredging activities.

(h)   Eutrophication or undesirable algae.

(i)   Restrictions on drinking water consumption or taste or odor problems.

(j)   Beach closings.

(k)   Degradation of aesthetics.

(l)   Added costs to agriculture, industry, or a local unit of government.

(m)   Degradation of phytoplankton or zooplankton populations.

(n)   Loss of fish and wildlife habitat.

(o)    Unacceptable risk through human contact as a result of absorption of hazardous substances through the skin or by incidental ingestion of sediments.

(p)    Other unacceptable risks to human receptors exposed to hazardous substances in sediments.

(2) The basis for, and information used by the department to develop, cleanup criteria under this rule shall be made available to the public upon request.

History: 2013 AACS.