Remediation proposals or no action necessary determinations - Application - Factors considered.

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  4. Remediation proposals or no action necessary determinations - Application - Factors considered.

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A. One or more participants may submit a proposal to the Department of Environmental Quality for risk-based remediation of a brownfield site or for a no action necessary determination.

B. The proposal shall, as a minimum, include:

1. A site characterization, including:

  • a.site description and historical information about the former uses of the property, including any past environmental permits issued for the site,
  • b.analytical results from a laboratory certified by the Department or other data which characterize the soil, groundwater or surface water at the site,
  • c.information concerning the nature and extent of any contamination caused by pollution at the site and any possible impacts on areas contiguous to the site,
  • d.delineation of contaminants on the property and their concentrations and depths,
  • e.delineation of potential off-site migration of contaminants,
  • f.identification of pertinent environmental conditions on the site and in the region,
  • g.identification of groundwater, surface water, and other environmental resources and uses in the area,
  • h.identification of potential exposure pathways and potential receptors,
  • i.identification of adjacent property uses,
  • j.an accurate metes and bounds legal description of the property,
  • k.latitude and longitude of the main entrance,
  • l.statistically relevant background environmental media samples or peer-reviewed published background data, and
  • m.any data the Department believes is relevant to the reuse of the property;

2. The current and proposed uses of the property;

3. An analysis of the human and environmental pathways to exposure from pollution at the site based on the future use of the property as proposed by the participant;

4. Alternatives for cleanup, if remediation is planned;

5. Potential for redevelopment to impact the remedy;

6. A plan for any after-action monitoring or maintenance of the brownfield which is to occur after issuance of the Certificate of Completion or Certificate of No Action Necessary;

7. Any engineering or institutional controls necessary to protect the remedy over time and plans for financial assurance for the controls to remain in effect;

8. A plan for remediating any pollution on the brownfield or a proposal that no remedial action is necessary considering the present level of contamination and the proposed future use of the property;

9. A long-term management plan for any on-site disposal facilities; and

10. The current and proposed use of groundwater on and near the site.

C. Remediation or proposal for a no action necessary determination shall be based on the potential risk to human health and safety and to the environment posed by the pollution at the site, considering the following factors:

1. The proposed use of the brownfield;

2. The possibility of movement of the pollution in a form and manner which would result in exposure to humans and to the surrounding environment at levels which exceed calculated site-specific cleanup levels or, if off-site, applicable standards, or which represent an unreasonable risk to human health and safety or the environment as determined by the Department; and

3. The potential risks associated with the remediation proposal or no action necessary determination and the economic and technical feasibility and reliability of such proposal or determination.

Added by Laws 1996, c. 356, § 5, emerg. eff. June 14, 1996. Amended by Laws 2004, c. 141, § 5, eff. Nov. 1, 2004; Laws 2009, c. 48, § 5, eff. July 1, 2009.

NOTE: Laws 2004, c. 111, § 5 repealed by Laws 2005, c. 1, § 29, emerg. eff. March 15, 2005.


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