15A NCAC 02L .0509      notification requirements

(a)  A responsible party who submits a corrective action plan that proposes natural attenuation, to cleanup groundwater contamination to a standard other than a standard as set forth in Rule .0202 of this Subchapter, or to cleanup soil other than to the standard for residential use or soil-to-groundwater contaminant concentration established pursuant to this Section, whichever is lowest, shall give notice to:

(1)           the local Health Director and the chief administrative officer of each political jurisdiction in which the contamination occurs;

(2)           all property owners and occupants within or contiguous to the area containing the contamination; and

(3)           all property owners and occupants within or contiguous to the area where the contamination is expected to migrate.

The notice shall describe the nature of the plan and the reasons supporting it. Notification shall be made by certified mail concurrent with the submittal of the corrective action plan. Approval of the corrective action plan by the Department shall be postponed for a period of 30 days following receipt of the request so that the Department may receive and consider comments. The responsible party shall, within 60 days, provide the Department with a copy of the notice and proof of receipt of each required notice or of refusal by the addressee to accept delivery of a required notice. If notice by certified mail to occupants under this Paragraph is impractical, the responsible party shall give notice as provided in G.S. 1A-1, Rule 4(j) or 4(j1). If notice is made to occupants by posting, the responsible party shall provide the Department with a copy of the posted notice and a description of the manner in which such posted notice was given.

(b)  A responsible party who receives a notice pursuant to Rule .0507(f) of this Section for a discharge or release that has not been remediated to the groundwater standards or interim standards established in Rule .0202 of this Subchapter or to the lower of the residential or soil-to-groundwater contaminant concentrations established under Rule .0511 of this Section, shall, within 30 days of the receipt of such notice, provide a copy of the notice to:

(1)           the local Health Director and the chief administrative officer of each political jurisdiction in which the contamination occurs;

(2)           all property owners and occupants within or contiguous to the area containing contamination; and

(3)           all property owners and occupants within or contiguous to the area where the contamination is expected to migrate.

Notification shall be made by certified mail. The responsible party shall, within 60 days, provide the Department with proof of receipt of the copy of the notice or of refusal by the addressee to accept delivery of the copy of the notice. If notice by certified mail to occupants under this Paragraph is impractical, the responsible party shall give notice as provided in G.S. 1A-1, Rule 4(j) or 4(j1). If notice is made to occupants by posting, the responsible party shall provide the Department with a description of the manner in which such posted notice was given.

History Note:        Authority G.S. 143-215.3(a)(1); 143-215.104AA; 143B-282;

Eff. March 1, 2016;

Readopted Eff. June 1, 2019;

Amended Eff. April 1, 2023.