SUBCHAPTER 13C ‑ INACTIVE HAZARDOUS SUBSTANCE OR WASTE DISPOSAL SITES

SECTION .0100 ‑ NOTICE

Rules .0101 ‑ .0102 of Title 15A Subchapter 13C of the North Carolina Administrative Code (T15A.13C .0101 ‑ .0102), have been transferred and recodified from Rules .0101 ‑ .0102 of Title 10 Subchapter 10H of the North Carolina Administrative Code (T10.10H .0101 ‑ .0102), effective April 4, 1990.

15A NCAC 13C .0101 NOTIFICATION

(a) Each owner, operator, or responsible party shall submit to the Division, on a form provided by the Division, relevant site data known and readily available for each inactive hazardous substance or waste disposal site. Relevant site data includes the following:

(1) Site name and location;

(2) Type of operation;

(3) Length of operation;

(4) Environmental permits;

(5) Known or suspected releases of hazardous substances or wastes;

(6) Characteristics of hazardous substances or wastes used or deposited on‑site;

(7) Hazardous substance or waste disposal and storage methods;

(8) Hazardous substance or waste quantities;

(9) Accessibility of the site to public access;

(10) Remedial actions which have been previously undertaken or are currently being undertaken;

(11) Monitoring data; and

(12) Other relevant data.

(b) Notification is required by March 30, 1988 except in the case of sites discovered after March 30, 1988 in which event notification is required not later than 90 days after discovery thereof.

History Note: Authority G.S. 130A‑310.4; 130A‑310.12;

Temporary Rule Eff. January 1, 1988 For a Period of 180 Days to Expire on June 29, 1988;

Eff. June 1, 1988;

Transferred and Recodified from 10 NCAC 10G .0801 Eff. June 1, 1989;

Amended Eff. September 1, 1990;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. June 24, 2017.

15A NCAC 13C .0102 NOTICE OF REMEDIAL ACTION PLAN

(a) The public notice and summary required by G.S. 130A‑310.4 for a proposed remedial action plan shall include the following:

(1) the name and address of the Division;

(2) a brief statement explaining that the Division is responsible for reviewing and approving the remedial action plan;

(3) the name, address, and phone number of a contact person in the Division from whom interested parties may obtain additional information regarding the remedial action plan;

(4) a brief description of the site location and problems at the site which resulted in the site requiring remedial action;

(5) a brief description of the corrective action proposed for the site and other alternatives considered in developing the remedial action plan;

(6) references to applicable statutory or regulatory authority;

(7) a brief description of any agreements reached by responsible parties to implement the remedial action plan; and

(8) the location of copies of the proposed remedial action plan available for public inspection.

(b) Written comments on proposed remedial action plans shall be sent to the Division of Solid Waste Management, P.O. Box 27687, Raleigh, North Carolina 27611‑7687.

(c) If the Secretary determines that, in addition to the notice in Paragraph (a), a public hearing should be held on a proposed remedial action plan, a public hearing notice shall be issued that includes the following:

(1) date, time, and location of the public hearing;

(2) a brief description of the purpose of the hearing;

(3) references to the dates of previous public notices or hearings on the remedial action plan; and

(4) the procedures for making written or oral comments about the remedial action plan.

(d) The Division shall establish a mailing list to notify interested persons of the development of proposed remedial action plans and of any public meetings or hearings scheduled concerning proposed plans. Interested persons may request such notice by contacting the Division.

History Note: Authority G.S. 130A‑310.4; 130A‑310.12;

Temporary Rule Eff. January 1, 1988 For a Period of 180 Days to Expire on June 29, 1988;

Eff. June 1, 1988;

Transferred and Recodified from 10 NCAC 10G .0803 Eff. June 1, 1989;

Amended Eff. September 1, 1990;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. June 24, 2017.

SECTION .0200 ‑ PRIORITIZATION SYSTEM

Rules .0201 ‑ .0205 of Title 15A Subchapter 13C of the North Carolina Administrative Code (T15A.13C .0201 ‑ .0205), have been transferred and recodified from Rules .0201 ‑ .0205 of Title 10 Subchapter 10H of the North Carolina Administrative Code (T10.10H .0201 ‑ .0205), effective April 4, 1990.

15A NCAC 13C .0201 PRIORITIZATION

(a) The Division shall review and evaluate relevant site data for all inactive hazardous substance or waste disposal sites and prioritize those sites using the priority system established in this Section.

(b) Only sites with confirmed contamination or known disposal of hazardous substances shall be scored on the inactive hazardous waste sites priority list. Contamination is confirmed if laboratory analyses show the presence of hazardous substances in groundwater, surface water, air, wastes, or soils at concentrations significantly above background levels. Concentrations are significantly above background if the levels detected are more than 10 times a detected level in the background, or three times the detection limit when the background level is below the detection limit or the background concentration is unknown. Known disposal of hazardous substances shall be defined as:

(1) on-site observations by government officials or their representatives of a release of hazardous substances to the environment;

(2) acknowledgement by a current or previous owner or operator that hazardous substances were disposed on the site; or

(3) documentation in the possession of government officials which indicates a release of hazardous substances to the environment.

(c) A site shall be prioritized based on conditions present at the time of evaluation. All prior removal actions shall be considered.

(d) A site shall be evaluated and receive a separate score in each of the following categories:

(1) potential for groundwater migration,

(2) potential for surface water migration,

(3) potential for air migration, and

(4) potential for direct contact.

(e) A total score for the site shall be determined by taking the square root of the sum of the squares of the scores in the four categories in Paragraph (d) and dividing by two. Prioritization shall be based upon the total score.

History Note: Authority G.S. A-310.2; A‑310.12;

Eff. June 1, 1989;

Amended Eff. July 1, 1993;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. June 24, 2017.

15A NCAC 13C .0202 GROUNDWATER MIGRATION

(a) The potential for groundwater contamination is based upon route characteristics, waste containment, and waste characteristics. The score for groundwater migration shall be determined by multiplying the score determined for route characteristics in Paragraph (b) by the score determined for waste containment in Paragraph (c) then multiplying that result by the score determined for waste characteristics in Paragraph (d) and dividing that result by 14.82.

(b) A score for route characteristics shall be determined by adding the values assigned in Subparagraphs (b)(1) through (b)(4).

(1) A value shall be assigned for depth to water table using either Table 1 if depth to water table is known or Table 2 if depth to water table is unknown. Depth to water table is measured vertically from the lowest point of the hazardous substances to the highest seasonal level of the water table.

Table 1

Depth Assigned Value

>150 feet 0

> 75 to 150 feet 2

> 20 to 75 feet 4

< 20 feet 6

Contaminant in groundwater 8

Contaminant in drinking supply 10

Table 2

Location Assigned Value

Piedmont and Mountain 4

Coastal Plain 4

Alluvial Valley 6

(2) A value shall be assigned for net precipitation using Table 3. Net precipitation shall be calculated by subtracting the mean annual lake evaporation from the mean annual precipitation.

Table 3

Net Precipitation Assigned Value

< ‑10 inches 0

> ‑10 to +5 inches 1

> +5 to +15 inches 2

> +15 inches 3

(3) A value shall be assigned for hydraulic conductivity using Table 4 when data for hydraulic conductivity are available, and using Table 5 when hydraulic conductivity data are unavailable and soil and rock types are unknown. When hydraulic conductivity data are unavailable but soil and rock types are known, a value shall be assigned for hydraulic conductivity using the table entitled "Permeability of Geologic Materials" that is contained in 40 CFR 300, Appendix A, July 1, 1988, which is hereby incorporated by reference and does not include subsequent amendments and editions. This material is available for inspection at the Department of Environment, Health, and Natural Resources, Division of Solid Waste Management, Superfund Section, 401 Oberlin Road, Raleigh, North Carolina. Copies may be obtained from the Superfund Section at a cost of ten cents ($ .10) per page.

Table 4

Approximate Range of

Hydraulic Conductivity Assigned Value

< 10‑7cm/sec 0

>10‑7to 10‑5cm/sec 1

>10‑5to 10‑3cm/sec 2

>10‑3cm/sec 3

Table 5

Location Assigned Value

Triassic basin 1

Piedmont and Mountain 2

Mountain Alluvial Valley 3

or Coastal Plain

(4) A value shall be assigned for physical state using Table 6. Physical state is the state of hazardous substances at the time of disposal. If the site contains hazardous substances or wastes with more than one physical state, the hazardous substance or waste with the highest value shall be used.

Table 6

Physical State Assigned Value

Solid, consolidated 0

and stabilized

Solid, unconsolidated 1

or unstabilized

Solid, powder or fine 2

particles

Liquid, sludge or gas 3

(c) A score for containment shall be determined by using the table entitled "Containment Value for Ground Water Route," contained in 40 CFR 300, Appendix A, July 1, 1988, which is hereby incorporated by reference and does not include subsequent amendments and editions. If the site has more than one type of containment, the containment with the highest value shall be used.

(d) A score for waste characteristics shall be determined by adding the values assigned in Subparagraphs (d)(1) and (d)(2). In determining a waste characteristics score, the substance with the highest combined toxicity/persistence and waste quantity values shall be used.

(1) A value for toxicity and persistence shall be assigned using the section entitled "Toxicity and Persistence" contained in 40 CFR 300, Appendix A, July 1, 1988, which is hereby incorporated by reference and does not include subsequent amendments and editions.

(2) A value for hazardous waste quantity shall be assigned using Table 7 when waste quantity is known, and by assigning a value of five when waste quantity is unknown. Hazardous waste quantity is defined as the amount deposited, not how much would have to be removed to clean up the site. When necessary to convert data to a common unit, conversion shall be as follows: one drum equals seven cubic feet equals 50 gallons equals 500 pounds.

Table 7

Waste Quantity Assigned Value

None 0

De minimus losses only 1

< 10 pounds 2

> 10 pounds to 100 pounds 3

> 100 pounds to 1000 pounds 4

> 1000 pounds 5

< 10 gallons 3

> 10 gallons to 100 gallons 4

> 100 gallons to 1000 gallons 5

> 1000 gallons 6

< 10 cubic feet 4

> 10 cubic feet to 100 cubic feet 5

> 100 cubic feet to 1000 cubic feet 6

> 1000 cubic feet 7

< 10 drums 5

> 10 drums to 100 drums 6

> 100 drums to 1000 drums 7

> 1000 drums 8

History Note: Authority G.S. 130A-310.2; 130A‑310.12;

Eff. June 1, 1989;

Amended Eff. July 1, 1993; September 1, 1990;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. June 24, 2017.

15A NCAC 13C .0203 SURFACE WATER MIGRATION

(a) The potential for surface water contamination is based upon route characteristics, waste containment, and waste characteristics. The score for surface water migration is determined by multiplying the score determined for route characteristics in Paragraph (b) by the score determined for waste containment in Paragraph (c) then multiplying that result by the score determined for waste characteristics in Paragraph (d) and dividing that result by 14.82.

(b) A score for route characteristics shall be determined by adding the values in Subparagraphs (b)(1) through (b)(4).

(1) A value shall be assigned for facility slope and intervening terrain using the table entitled "Values for Facility Slope and Intervening Terrain," that is contained in 40 CFR 300, Appendix A, July 1, 1988, which is hereby incorporated by reference and does not include subsequent amendments and editions. This material is available for inspection at the Department of Environment, Health, and Natural Resources, Division of Solid Waste Management, Superfund Section, 401 Oberlin Road, Raleigh, North Carolina. Copies may be obtained from the Superfund Section at a cost of ten cents ($ .10) per page.

(2) A value shall be assigned for one‑year 24‑hour rainfall using Table 8. The amount of rainfall shall be determined using Figure 1, entitled "24‑hour rainfall", in 40 CFR 300, Appendix A, July 1, 1988, which is hereby incorporated by reference and does not include subsequent amendments and editions.

Table 8

One‑Year 24‑hour

Rainfall Amount Assigned Value

(inches)

< 2.5 0

> 2.5 to 3.0 1

> 3.0 to 3.5 2

> 3.5 3

(3) A value shall be assigned for distance to nearest surface water using Table 9. Distance to the nearest surface water shall be determined by measuring the shortest distance from the hazardous substance (not the facility or property boundary) to the nearest downhill body of surface water that is on the course that run‑off can be expected to follow.

Table 9

Distance Assigned Value

> 2 miles 0

> 1 to 2 miles 2

> 1000 feet to 1 mile 4

> 200 feet to 1000 feet 6

< 200 feet or contaminant in 8

surface water or sediment

Contaminant in surface water or 10

sediment at a drinking water intake

(4) A value for physical state shall be assigned as determined in Rule .0202(b)(4) of this Section.

(c) A score for containment shall be determined by using the table entitled "Containment Values for Surface Water Route," contained in 40 CFR 300, Appendix A, July 1, 1988, which is hereby incorporated by reference and does not include subsequent amendments and editions. If the site has more than one type of containment, the containment with the highest value shall be used.

(d) A score for waste characteristics shall be assigned as determined in Rule .0202(d) of this Section.

History Note: Authority G.S. 130A-310.2; 130A‑310.12;

Eff. June 1, 1989;

Amended Eff. July 1, 1993; November 1, 1989;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. June 24, 2017.

15A NCAC 13C .0204 AIR MIGRATION

A score for air migration shall be determined by using Section 5.0 entitled "Air Route" contained in 40 CFR 300, Appendix A, July 1, 1988, which is hereby incorporated by reference and does not include subsequent amendments and editions. This material is available for inspection at the Department of Environment, Health, and Natural Resources, Division of Solid Waste Management, Superfund Section, 401 Oberlin Road, Raleigh, North Carolina. Copies may be obtained from the Superfund Section at a cost of ten cents ($ .10) per page. However, Section 5.1 entitled "Observed Release" contained in 40 CFR 300, Appendix A, is not adopted by reference. A score for air migration shall be determined by multiplying the score determined for waste characteristics in Section 5.2 of 40 CFR 300, Appendix A, by the score determined for targets in Section 5.3 of 40 CFR 300, Appendix A, and dividing that result by 7.8.

History Note: Authority G.S. 130A-310.3; 130A‑310.12;

Eff. June 1, 1989;

Amended Eff. July 1, 1993; September 1, 1990;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. June 24, 2017.

15A NCAC 13C .0205 DIRECT CONTACT

(a) A direct contact score shall be determined by adding the score for residential population determined in Paragraph (b), and the score for nearby population determined in Paragraph (c), and dividing the result by 18.

(b) A score for residential population shall be determined by multiplying the value for toxicity assigned in Subparagraph (b)(1) by the value for targets assigned in Subparagraph (b)(2).

(1) A value for toxicity shall be assigned by multiplying by three the value for toxicity as assigned in Rule .0202(d)(1) of this Section.

(2) A value for residential targets shall be assigned by adding the value for high risk population assigned in Subparagraph (b)(2)(A) and the value for total resident population assigned in Subparagraph (b)(2)(B) and the value for sensitive environment assigned in Subparagraph (b)(2)(C), with a maximum value of 100. In order to evaluate residential targets, there must be confirmed contamination within the property boundaries of a residence or school or day‑care center, or within the boundaries of a sensitive environment.

(A) A value for high risk population shall be assigned by multiplying the resident children, age six and under, by eight.

(B) A value for total resident population shall be assigned by multiplying the total resident population by two.

Table 10

Sensitive Environment Assigned Value

Critical habitat for federally designated 25

endangered or threatened species

National park 25

Designated federal wilderness area habitat 20

known to be used by federally designated

(or proposed) threatened or endangered species

National preserve 20

National or State wildlife refuge 20

Federal land designated for protection 20

of natural ecosystems

Administration proposed federal wilderness area 20

Habitat known to be used by State‑designated 15

endangered or threatened species

Habitat known to be used by species under review 15

as to its federally designated threatened and

endangered status

State lands designated for wildlife or 10

game management

(c) A score for nearby population shall be determined by multiplying the value for likelihood of exposure assigned in Subparagraph (c)(1) by the value for toxicity assigned in Subparagraph (c)(2) and multiplying that result by the value for nearby targets assigned in Subparagraph (c)(3). The nearby population consists of individuals who live or go to school within one mile of an area containing contaminated soils or wastes.

(1) A value for likelihood of exposure shall be assigned by using the area of contamination value assigned in Table 11 and the accessibility/frequency of use value assigned in Table 12 to arrive at the value assigned in Table 13.

Table 11

Total Area of Contamination Assigned Value

No contamination 0

< 1 acre 25

> 1 acre to 5 acres 50

> 5 acres to 10 acres 75

> 10 acres 100

Table 12

Accessibility/Frequency of Use Assigned Value

Observed contamination on residential property 100

or on property of a park, playground, school,

or other area designated for use by the public.

Observed contamination on land with no continuous 75

barrier to entry, a barrier that has been

breached; or land where there are clear

indications of human activity (i.e., footprints).

Observed contamination on land either protected 50

by a continuous and effective barriers to

entry, or monitored by 24‑hour surveillance.

Observed contamination on land protected by a 25

continuous and effective barrier to entry and

24‑hour surveillance.

Presence of an artificial barrier and a 5

natural barrier that combine to restrict

access to hazardous substances by completely

surrounding the facility; and a means to control

entry, at all times, through gates or other

entrances to the facility.

(2) A value for toxicity shall be assigned by multiplying by three the value for toxicity as assigned in Rule .0202(d)(1) of this Section.

(3) A value for nearby targets shall be assigned by multiplying the population within 1/2 mile of the site by 0.1, and adding the result of multiplying 0.05 by the population between 1/2 and 1 mile of the site, with a maximum total value of 100.

Table 13

Area of Accessibility/Frequency of Use Value

Contamination

Value 100 75 50 25 5

100 1 1 0.75 0.5 0.25

75 1 0.75 0.5 0.25 0.1

50 0.75 0.5 0.25 0.1 0

25 0.5 0.25 0.1 0 0

No Confirmed 0 0 0 0 0

Contamination

History Note: Authority G.S. 130A-310.2; 130A‑310.12;

Eff. June 1, 1989;

Amended Eff. September 1, 1990;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. June 24, 2017.

SECTION .0300 - VOLUNTARY REMEDIAL ACTION OVERSIGHT BY REGISTERED ENVIRONMENTAL CONSULTANTS

15A NCAC 13C .0301 DEFINITIONS

Words or phrases used in the rules in this Section that are defined in G.S. 130A, Article 9 shall have the meaning provided therein. The following words and phrases shall have the following meanings:

(1) "Applicant" means an environmental consulting or engineering firm seeking Department approval to act as a Registered Environmental Consultant.

(2) "Applicant RSM" means an individual proposed by an applicant to fill the role of Registered Site Manager.

(3) "Registered Environmental Consultant" or "REC" means an environmental consulting or engineering firm approved to implement and oversee voluntary remedial actions pursuant to G.S. 130A-310.9(c).

(4) "Registered Site Manager" or "RSM" means the person or persons approved by the Department to manage all site activities and make certifications on behalf of the Registered Environmental Consultant in its role as consultant to remediating parties for implementation and oversight of a voluntary remedial action pursuant to G.S. 130A-310.9(c).

(5) "Remediating Party" means site owner, operator, or responsible party engaging in a voluntary remedial action pursuant to G.S. 130A-310.9(c).

(6) "Request for Approval" means the application and qualifications documentation package that must be submitted by an environmental consulting or engineering firm to the Department so that the Department may determine an applicant's eligibility to operate as a Registered Environmental Consultant. The Department shall make available a form that complies with Rule .0303 and .0304 of this Section for submission of such information.

(7) "Sensitive Environments" means State or federal designated park, monument, wilderness area, preserve, wildlife refuge, or wetland; State or federal lands designated for game management, or the protection of natural ecosystems; or habitat for State or federally designated endangered species.

(8) "Sensitive Populations or Property Uses" means residential property, schools, day care facilities, geriatric centers, State or federally designated historical sites, or parks owned or maintained by a unit of local government.

(9) "Source Area" means any area of sludge, soil, sediment, or other solid medium contaminated by a release of one or more hazardous substances.

(10) "Voluntary Remedial Action" is a remedial action as defined in G.S. 130A-310(7), conducted voluntarily by a remediating party, and undertaken with the approval of the Department pursuant to G.S. 130A-310.9(c).

History Note: Authority G.S. 130A-310.12(b);

Eff. April 1, 1997;

Readopted Eff. July 1, 2020.

15A NCAC 13C .0302 GENERAL PROVISIONS

(a) The rules in this Section shall govern the selection and use of private environmental consulting and engineering firms to implement and oversee voluntary remedial actions by remediating parties pursuant to G.S. 130A-310.9(c).

(b) All remedial actions conducted pursuant to the rules of this Section shall comply with applicable federal, State, or local laws.

(c) A person who violates a provision of this Section or any other requirement in connection with the voluntary remedial action program, including making a false statement, representation, or certification or knowingly rendering inaccurate a recording or monitoring device or method, shall be subject to enforcement, including disqualification as an REC or RSM.

(d) A party wishing to conduct a Department-approved voluntary remedial action pursuant to this Section shall enter into a written agreement with the Department pursuant to G.S. 130A-310.9(c).

(e) For the purpose of administration and enforcement of the voluntary remedial action program and for protection of human health or the environment, employees, agents, and contractors of the Department may enter any site, or other location undergoing a voluntary remedial action pursuant to this Section, during either the working hours of any business on the property or during daylight hours and upon notice, to investigate, sample, or inspect any documents, conditions, equipment, practice, or property. In the event that the Department determines as a result of an investigation, sampling, or inspection that there has been a release or that there exists a threat of release of a hazardous substance, the Department may enter a site or location and perform or arrange for the performance of response actions.

(f) Remedial Actions conducted pursuant to this Section shall be overseen by an REC. All work performed by an REC shall be under the supervision and direction of an RSM representing the REC.

(g) The Department shall have complete discretion to effect cleanup itself, or oversee a remediating party's cleanup if:

(1) the Department determines that the site poses an imminent hazard;

(2) in the Department's determination, the number and frequency of public concerns about actions at the site have risen to a level that direct oversight by the Department would not increase the demand on its resources beyond that already being expended;

(3) the Department has initiated an enforcement action;

(4) it appears to the Department that the voluntary remedial action is not being implemented or overseen in accordance with G.S. 130A-310.9(c);

(5) hazardous substances have migrated to adjoining property; or

(6) other conditions, such as the presence of sensitive environments, sensitive populations or property uses, or radioactive wastes.

(h) The remedial investigation shall be completed within three years of the effective date of the agreement to conduct a voluntary remedial action. Non-groundwater remedial action shall be completed within eight years of the effective date of that agreement. Groundwater remedial action shall be initiated within two years of completion of the remedial investigation. All document and work phase certifications pursuant to Rule .0306(b) of this Section shall be completed and all documents received by the Department prior to these deadlines. The Department may approve a remediating party's written request for extension of these deadlines if one or more of the following conditions exists and the remediating party or the REC provides documentation to support the request and a schedule with timelines commensurate with the activities to be performed:

(1) documented access delays outside of the remediating party's control;

(2) the REC learns of previously unconsidered facts, data, or other information as described in Rule .0305(b)(5) or (6) of this Section, including changes to standards or risk targets;

(3) the proposed remedy includes a pilot study to be implemented prior to full-scale remedial action implementation;

(4) there has been a change in REC; or

(5) during and after implementation of a remedial action, a demonstration is made that cleanup standards cannot be achieved by the required deadline due to technical impracticability.

(i) The REC shall preserve and maintain all documents submitted to the REC on behalf of or by the remediating party, prepared by the REC, or within the REC's possession, custody, or control, that relate to work performed pursuant to the rules in this Section, including documents to substantiate the facts, data, conclusions, and other information set forth in any REC opinion or certification. Such documents shall be kept at one or more locations accessible to the Department and in such a form as to enable the Department to ascertain whether the response actions that are the subject of the REC opinion or certification have been performed in compliance with the provisions of the rules in this Section until such time as the record is provided to the Department for the public file. The REC shall submit to the Department for the public file all work plans, reports, and work-phase completion statements within 30 days of their completion.

(j) Any person required by Paragraph (i) of this Rule to preserve and maintain any documents shall preserve and maintain those documents until the REC confirms that the Department has received the records.

(k) RECs shall comply with Department site-related requests for information not supplied in accordance with Paragraph (i) of this Rule.

(l) Within 60 days of notice from the Department of revocation of an REC's approval, remediating parties shall submit the name of a successor REC. A remediating party shall provide written notice to the Department within 60 days of a change in REC for any other reason.

(m) Nothing in this Section shall be construed to imply authorization by the Department to any person other than the Department or the Department's employees, agents, or contractors to enter any property not owned by him or her to carry out a response action or otherwise to injure or interfere with any other person's rights or interests in real or personal property without that person's consent. After making efforts to obtain access to any site or other location to be investigated as a possible site not owned by the remediating party, an REC or remediating party who is unable to obtain such access may request, in writing, that the Department authorize him or her or his or her employees, agents, representatives, or contractors to enter such site or location for the purpose of performing one or more necessary response actions. Each such request for authorization shall include all of the following information:

(1) the identity of the person making the request and his or her relationship to the site or location;

(2) the nature and location of the actions that he or she intends to undertake, the anticipated duration of the actions and the reasons such access is necessary to perform the actions;

(3) the identity of each person who owns or operates the site or location to which access is sought;

(4) the results of any and all attempts to obtain such access; and

(5) certification that a copy of the request has been sent to each person who owns or operates such sites or locations.

History Note: Authority G.S. 130A-310.1(c); 130A-310.1(e); 130A -310.3(c); 130A-310.5(a); 130A-310.6; 130A-310.12(b);

Eff. April 1, 1997;

Readopted Eff. July 1, 2020.

15A NCAC 13C .0303 APPROVAL OF REGISTERED ENVIRONMENTAL CONSULTANTS

(a) To qualify for Department approval as an REC, an applicant shall complete and submit a Request for Approval form, available from the Department, demonstrating that the applicant meets the requirements contained in this Section. The Request for Approval form shall set forth the qualifications of all persons the applicant wishes to qualify as RSMs and shall contain notarized signatures of representatives of the applicant.

(b) Applicants shall supply the names and telephone numbers of previous government and industry clients and copies of actual work products to verify experience, if requested by the Department. The Department may require applicants to supply additional information to clarify what is provided on the Request for Approval form. Those applicants not complying with such requests shall not be approved to perform work pursuant to the rules in this Section.

(c) An REC shall notify the Department if the nature of its business changes, if it no longer meets the requirements for approval under this Section or if it discovers that any information it submitted in any Request for Approval is or was incorrect no later than 30 days subsequent to the discovery of the occurrence.

(d) If a Department-approved RSM leaves the employment of an REC or changes employment within an REC, an REC shall, no later than 30 days prior to the change, submit the name and qualifications of another person to perform the role of the RSM. If an REC does not receive 30 days of notice by an RSM of the RSM's intended change in employment, the REC shall notify the Department within 24 hours of the RSM providing such notice and shall within 30 days of the RSM's notice to the REC, submit to the Department the name and qualifications of another person to perform the role of the RSM. The Department shall determine whether the proposed replacement qualifies as an RSM per the requirements set forth in Rule .0304. An REC may propose amendments to its approval as an REC to add or delete RSMs. An RSM that changes employment from an approved REC shall require a new approval by the Department before working as an RSM with another REC.

(e) The Department shall notify applicants in writing whether they are approved to conduct business as an REC or RSM. No applicant may represent itself, or work, as an REC or RSM without written Department approval.

(f) An REC's approval shall be valid for five years unless revoked earlier by the Department.

(g) The Department shall make available to the general public a list of all approved RECs.

History Note: Authority G.S. 130A-310.12(b);

Eff. April 1, 1997;

Readopted Eff. July 1, 2020.

15A NCAC 13C .0304 MINIMUM QUALIFICATIONS FOR REGISTERED ENVIRONMENTAL CONSULTANTS

In order to be approved to perform work as an REC, an environmental consulting or engineering firm shall meet the following requirements.

(1) REC applicants shall demonstrate that one or more persons in their employ individually meet all of the following standards and requirements and therefore qualify to perform the role of RSM for the REC. To qualify as an RSM, an individual shall:

(a) Have the following relevant professional experience:

(i) five years of experience in investigation and remediation of hazardous substance or waste disposal sites;

(ii) three years of experience in supervising site investigation and remedial action projects; and

(iii) eight years of total relevant professional experience, which shall be work of a professional grade and character performed for at least an average of 20 or more hours per week that indicates the applicant is competent to render waste site cleanup activity opinions. Total relevant professional experience performed for less than an average of 20 hours per week shall be applied toward the satisfaction of these requirements on a pro rata basis. If an individual works more than 40 hours in a week, even if having multiple jobs, that individual shall get credit only for one week's worth of work. The Department shall consider the following criteria in evaluating whether an applicant RSM's waste site cleanup decision-making experience and practical experience constitute sufficient relevant experience: the nature of work activities; the field of work activities; the types of reports, studies, and documents prepared; the range of methods evaluated and selected; the number of individuals and disciplines of other professionals supervised or coordinated; the extent of review of conclusions, recommendations, and opinions by supervisors; and the duration of employment.

(b) Have sufficient training to meet the hazardous waste operations and emergency response training standard set forth in 29 CFR 1910.120.

(c) Have a four-year or graduate degree from a college or university accredited by a regional accrediting agency in one of the following fields or a field that provides the educational background necessary to oversee a remedial action:

(i) Biochemistry;

(ii) Biology;

(iii) Chemical Engineering;

(iv) Chemistry;

(v) Civil Engineering;

(vi) Earth Science;

(vii) Environmental Engineering;

(viii) Environmental Science;

(ix) Epidemiology;

(x) Geochemistry;

(xi) Geological Engineering;

(xii) Geology;

(xiii) Geophysics;

(xiv) Geotechnical Engineering;

(xv) Hydrogeology;

(xvi) Hydrology;

(xvii) Industrial Hygiene;

(xviii) Mechanical Engineering;

(xix) Physics;

(xx) Soil Science; and

(xxi) Toxicology.

(d) Have a record of professionalism and integrity, demonstrated by the absence of:

(i) conviction of a felony;

(ii) conviction of a misdemeanor involving fraud, deceit, misrepresentation, or forgery;

(iii) an adverse civil judgment in an action involving fraud, deceit, misrepresentation, or forgery;

(iv) disbarment or disciplinary action relating to any professional license; and

(v) disqualification from government contracts for negligent acts or failure to perform required work.

(2) The applicant shall demonstrate that it has an established environmental consulting practice.

History Note: Authority G.S. 130A-310.12(b);

Eff. April 1, 1997;

Readopted Eff. July 1, 2020.

15A NCAC 13C .0305 STANDARDS OF CONDUCT FOR REGISTERED ENVIRONMENTAL CONSULTANTS

(a) The REC and its RSMs shall comply with the following standards of professional competence.

(1) An RSM shall render a waste site cleanup activity opinion only if he or she has reviewed the work to ascertain whether the completed work complies with this Section.

(2) The RSM shall perform his or her services only in areas of his or her competence and shall not render a decision on any assessment, cleanup plan, or document dealing with subject matter for which he or she lacks competence by virtue of education or experience. If a site assessment or cleanup activity opinion requires expertise outside the RSM's field of expertise, the RSM shall render such an opinion relying in part upon the advice of one or more professionals having relevant competence.

(b) The REC and its RSMs shall comply with the following standards of professional responsibility.

(1) An REC shall at all times recognize its primary obligation is to protect public health, safety, and welfare and the environment in the performance of professional services as an REC.

(2) If an REC acting pursuant to this Section identifies an imminent hazard as defined under G.S. 130A-2(3) at a site at which it is providing professional services pursuant to the rules in this Section it shall, unless the REC has documentation the remediating party has provided such notice, within 24 hours of discovery, notify the Department:

(A) of the imminent hazard, including exposures to contaminated vapor, drinking water, and other contaminated media;

(B) whether the remediating party has agreed to take corrective action;

(C) what immediate action to reduce exposure of the imminent hazard, if any, has been taken. Such actions include providing alternate water and treatment systems for contaminated drinking water sources, removal of vessels and containers having explosive conditions, modifications to indoor ventilation systems or installation of air treatment units, stopping the on-going discharge of bulk wastes or unpermitted piped wastes entering surface water, abatement of exposed wastes on residential or school property, removal of discovered above-ground vessels storing wastes, and containment of any hazardous substance spills occurring after execution of the agreement; and

(D) that, if in the opinion of the REC, more extensive interim remedial action is necessary to abate an imminent hazard prior to development of a remedial action plan pursuant to Rule .0306(n) of this Section the REC shall prepare, certify, and submit an interim remedial action plan that complies with Rule .0306(o) of this Section and contains an implementation schedule.

(3) If an REC acting pursuant to this Section determines through data evaluation, including review of laboratory analyses, performing fate and transport calculations, or conducting computer modeling that hazardous substances at or above applicable standards have migrated from the property containing a source area to other property or determines there are sensitive environments or radioactive wastes on the site, it shall, unless the REC has documentation the remediating party has provided such notice, within 24 hours of the REC's determination, notify the Department.

(4) In providing professional services all RSMs shall:

(A) exercise independent professional judgement;

(B) follow the requirements and procedures set forth in applicable provisions of this Section; and

(C) act with reasonable care and diligence and apply the knowledge and skill ordinarily required of RSMs in good standing in the State at the time the services are performed.

(5) If, subsequent to the date an REC renders a waste site cleanup activity opinion, anyone employed by the REC that rendered the opinion learns that previously unconsidered facts, data, or other information support or lead to a different opinion, the REC shall notify, in writing, the remediating party and the Department.

(6) If, subsequent to the date of its engagement, a successor REC learns of material facts, data, or other information that existed as of the date of any predecessor REC's waste site cleanup activity opinion but was not disclosed in that opinion, the successor REC shall promptly notify, in writing, the remediating party and the Department.

(7) An REC shall not allow the use of its name or the names of its RSMs by, or associate in a business venture with, any person or firm that an REC knows or should know is engaging in fraudulent or dishonest business or professional practices relating to the professional responsibilities of the REC.

(8) The REC shall be objective and truthful in all professional reports, public statements, or testimony and shall include all information that the REC determines to be relevant and pertinent in the reports, statements, or testimony if the result of an omission would or reasonably could lead to a false conclusion.

(9) An REC shall not falsify or permit misrepresentation of an RSM's academic or professional qualifications and shall not misrepresent or exaggerate an RSM's degree of responsibility in or for the subject matter of prior assignments.

(10) RECs shall comply with all applicable provisions of law, rules, and regulations.

(11) All RECs shall have knowledge of this Section.

History Note: Authority G.S. 130A-310.12(b);

Eff. April 1, 1997;

Readopted Eff. July 1, 2020.

15A NCAC 13C .0306 TECHNICAL STANDARDS FOR REGISTERED ENVIRONMENTAL CONSULTANTS

(a) The REC shall ensure that the documents, plans, and time taken to complete work comply with the remediating party's agreement with the Department, the Inactive Hazardous Sites Response Act, and the rules of this Section.

(b) All work phase completion statements, schedules, plans, and reports require REC certification. An REC's certification shall comply with the following:

(1) REC certification of any document shall include the following statement, signed by the RSM and notarized:

"I certify that I am personally familiar with the information contained in this submittal, including any and all supporting documents accompanying this certification, and that the material and information contained herein is, to the best of my knowledge and belief, true, accurate, and complete and complies with the Inactive Hazardous Sites Response Act G.S. 130A-310, et seq. and the voluntary remedial action program Rules 15A NCAC 13C .0300. I am aware that there are significant penalties for willfully submitting false, inaccurate, or incomplete information."

(2) Prior to REC certification, documents shall contain the following notarized declaration signed and dated by, and including the title of, the highest ranking official of the remediating party having day-to-day responsibility for the performance of the response action which is the subject of the submittal:

"I certify that I have personally examined and am familiar with the information contained in this submittal, including any and all documents accompanying this certification, and that, based on my inquiry of those individuals immediately responsible for obtaining the information, the material and information contained herein is, to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for willfully submitting false, inaccurate, or incomplete information."

(3) Any work which would constitute the "practice of engineering" as defined by G.S. 89C shall be performed under the responsible charge of, and signed and sealed by, a professional engineer registered in the state of North Carolina. Any work which would constitute the "public practice of geology" as defined by G.S. 89E shall be performed under the responsible charge of, and signed and sealed by, a geologist licensed in the state of North Carolina.

(4) RSM certification and submittal to the Department of the following documents shall occur prior to implementation:

(A) remedial investigation work plans prepared in accordance with Paragraph (h) of this Rule;

(B) plans for additional site characterization, pilot studies, or treatability studies to be conducted in relation to the site that are prepared in compliance with Paragraph (j) of this Rule;

(D) modifications of work schedules.

(5) The RSM shall prepare certified completion statements for the following work phases and provide them to the Department in accordance with Rule .0302(i) of this Section:

(A) completion of the remedial investigation;

(B) REC approval of the proposed remedial action plan following notice of the proposed remedial action plan, the close of the 30-day public comment period, submission of the comments and the REC's responses to the public comments received during the public comment period, and the Department's written acknowledgement that comments have been addressed;

(C) initiation of all groundwater remedial actions as demonstrated by the first field event associated with implementation of the groundwater remedy;

(D) completion of all non-groundwater contamination remedial actions as demonstrated by a confirmatory sampling event and REC certification of a written report pursuant to Paragraph (r) of this Rule summarizing the data; and

(E) completion of all remedial action activities.

(6) RSM certification pursuant to Subparagraph (b)(5) of this Rule shall include the following statement signed by the RSM and notarized:

"The [insert work phase] which is the subject of this certification has, to the best of my knowledge, been completed in compliance with the Inactive Hazardous Sites Response Act G.S. 130A-310, et seq. and the voluntary remedial action program Rules 15A NCAC 13C .0300, and [insert name of the REC] is in compliance with Rules .0305(b)(2) and .0305(b)(3) of this Section. I am aware that there are significant penalties for willfully submitting false, inaccurate, or incomplete information."

Certification of the completion of all remedial action activities shall also include the following statement:

"The approved and certified site remedial action plan has been implemented, and to the best of my knowledge and belief, cleanup levels determined pursuant to Rule .0308 of this Section have been achieved, and no significant or otherwise unacceptable risk or harm to human health or the environment remains at the site."

(c) The RSM shall certify and submit to the Department a project status update report annually on the anniversary date of the executed date of the remediating party's administrative agreement with the Department. Annual project status update reports shall be submitted until the REC submits a certified completion statement pursuant to Part (b)(5)(B) of this Rule for all contaminated media. Annual project status update reports shall include an update on meeting the deadlines in Rule .0302(h) of this Section and in the remediating party's agreement with the Department.

(d) The REC may approve and certify site activities and documents pursuant to the rules in this Section only if the following environmental sample collection and analyses criteria are met:

(1) The REC shall employ analytical and environmental monitoring data to support recommendations or conclusions with respect to assessment, removal, treatment, or containment actions that are scientifically valid and of a level of precision and accuracy commensurate with their stated or intended use.

(2) Procedures and methods employed for the collection and analysis of soil, sediment, water, vapor, air, and waste samples shall be:

(A) methods published by the United States Environmental Protection Agency (USEPA), the American Society for Testing and Materials (ASTM), the American Public Health Association (APHA), the National Institute for Occupational Safety and Health (NIOSH), the American Water Works Association (AWWA), or other organizations with expertise in the development of standardized analytical testing methods; or

(B) modifications of published methods, provided that all modifications have been previously approved by the Department or one of the entities in Part (A) of this Subparagraph.

(3) The REC shall only use laboratories certified to analyze applicable parameters pursuant to 15A NCAC 02H .0800, or a contract laboratory under the United States Environmental Protection Agency Contract Laboratory Program to analyze samples collected pursuant to rules in this Section.

(4) Laboratory and other reports of analyses of samples shall be reported in units applicable to the standards for each media analyzed.

(5) The REC shall only allow sample collection and analyses to be performed by persons who are qualified by education, training, and experience.

(6) All documents prepared pursuant to the rules in this Section that contain the results of sample collection and analyses shall include the following information:

(A) the date, location, and time of sampling and the name of the individual who collected the sample;

(B) specification of all sample filtration or preservation procedures used;

(D) the name and address of the laboratory and proof of certification received pursuant to 15A NCAC 02H .0800 or approval as a contract laboratory under the USEPA Contract Laboratory Program;

(E) the sample matrix description and identification numbers;

(F) the sample preparation and analytical method names and numbers;

(G) the results of the analysis and concentration units;

(H) the sample quantitation limit of each reported analyte based upon analytical conditions;

(I) details of known conditions or findings that may affect the validity of analytical data, including equipment blank, trip blank, method blank, surrogate, spiked sample, and other quality control data;

(J) the laboratory's written justification for all sample dilution, additional sample preparation, or deviation from specified analytical methods; and

(K) a complete chain of custody documentation for each sample.

(e) The REC shall approve and certify site activities and documents pursuant to this Section only if procedures to protect health, safety, public welfare, and the environment during the performance of response actions are being implemented. The scope and detail of health and safety procedures shall be commensurate with the degree and nature of the risks posed to human and ecological populations by the disposal site and response actions. Such procedures shall include the following:

(1) measures to protect human populations from exposure to hazardous substances;

(2) air monitoring activities, in areas of exceedances of standards as referenced in G.S. 130A-310.3(d); and

(3) measures necessary to contain hazardous substances, including:

(A) measures to control stormwater run-off;

(B) measures to control dust and other environmental media, such as wetting soils;

(D) measures to secure on-site excavations and stockpiles of contaminated materials; and

(E) discontinuance of response actions if necessary to protect public health and safety.

(f) In planning the remedial investigation, the REC shall identify each area of known or suspected hazardous substance contamination at the site, based on the following:

(1) then-existing laboratory data;

(2) readily observable conditions indicative of contamination, such as staining, odors, or visible or other evidence of damage to or leakage from a storage facility or vessel;

(3) information ascertainable from the public record, site operation records, and information provided by the remediating party; and

(4) other evidence actually known to the REC.

For each area of known or suspected contamination, the REC shall plan, implement, and complete the remedial investigation so that the location and identity of the hazardous substances are established. For purposes of this Rule, the presence of chemical storage or other similar facilities shall not alone constitute evidence of known or suspected contamination.

(g) The REC shall plan, implement, and complete the remedial investigation so that the areal and vertical extent of hazardous substance contamination is delineated to unrestricted use remedial goals, natural background concentrations, or to concentrations demonstrated by the REC to be unrelated to the contaminant releases comprising the site for each area of concern. The REC may demonstrate, through professional judgement, that the vertical extent of contamination cannot be delineated due to technical impracticability. The technical impracticability demonstration shall include a written evaluation of the usefulness of additional data, including a conclusion that:

(1) no receptor exposure to the media not sampled will take place by not collecting the data;

(2) the success of the remedial design will not be affected by not collecting the data; and

(3) collecting the data will result in additional expense with limited or no associated benefit.

(h) The REC shall prepare, certify, and submit, prior to implementation of a remedial investigation, one or more remedial investigation plans prepared in compliance with Paragraphs (d), (e), (f), and (g) of this Rule and all other applicable requirements. The plan(s) shall contain the following or include an explanation as to why, in the professional judgement of the REC, the component is not relevant to the remedial investigation:

(1) site location information including street address, longitude and latitude, and site and surrounding property land use;

(2) a summary of all management practices employed at the site for hazardous wastes and wastes that may have contained hazardous substances including:

(A) a list of types and amounts of waste generated (with RCRA waste codes), treatment and storage methods, and ultimate disposition of wastes;

(B) a description of the facility's past and current RCRA status;

(C) the location and condition of all identified vessels currently or previously used to store chemical products, hazardous substances, or wastes; and

(D) a summary of the nature of all identified on-site hazardous substance releases, including disposal or spills;

(3) United States Geological Survey topographic maps sufficient to display topography within a one-mile radius of the site;

(4) a map, drawn to scale, that includes:

(A) a north arrow;

(B) a scale;

(C) the locations of property boundaries, buildings, structures, all perennial and non-perennial surface water features, drainage ditches, dense vegetation, known and suspected spill or disposal areas identified pursuant to Paragraph (f) of this Rule, underground utilities, storage vessels, existing on-site wells; and

(D) an identification of all adjacent property owners and land uses.

(5) a description of local geologic and hydrogeologic conditions;

(6) an inventory and map of all identifiable wells, springs, and surface-water intakes used as sources of potable water within a 1,500 foot radius of each source area or within a 1,500 foot radius of the contaminant perimeter, or, if the source area is unknown, within a 1,500 foot radius of each point where contamination has been identified at the site;

(7) an evaluation of the site and all adjacent property for the existence of the following areas if they may have been affected by the contamination from the site:

(A) sensitive environments;

(B) sensitive populations or property uses; and

(8) a chronological listing of all previous owners and each period of ownership since the property was originally developed; ;

(9) operational history, including aerial photographs and Sanborne Fire Insurance maps if used to support land-use history;

(10) a list of all hazardous substances that have been used or stored at the site and the approximate amounts and dates of use or storage, as revealed by available written documentation and interviews with a representative number of former and current employees or occupants possessing relevant information;

(11) the site environmental permit history, including copies of all federal, State, and local environmental permits, past and present, issued to the remediating party or within its custody or control;

(12) a summary of all previous and ongoing environmental investigations and environmental regulatory involvement with the site and copies of all associated reports and laboratory data in public records or within the custody or control of the REC or remediating party unless the REC confirms that the documents are already present in the Department's electronic document system for REC site records;

(13) plans to evaluate the risk of contaminant migration in any media to:

(A) wells, springs, and surface-water intakes identified in Subparagraph (6) of this Rule; and

(B) sensitive environments, sensitive populations or property uses, or above and below ground structures or utilities identified in Subparagraph (7) of this Rule;

(14) intended procedures for characterizing site geologic and hydrogeologic conditions and identifying and delineating each contamination source as to each affected environmental medium, including any plans for special assessment such as a geophysical survey;

(15) intended methods, locations, depths of, and justification for all sample collection points for all media sampled, including monitoring well locations and anticipated screened intervals;

(16) proposed field and laboratory procedures for quality assurance and quality control;

(17) proposed analytical parameters and analytical methods for all samples;

(18) equipment and personnel decontamination procedures; and

(19) a description of measures that shall be implemented to protect the health and safety of nearby residential and business communities in relation to activities of the remedial investigation.

(i) The REC shall prepare, certify, and submit remedial investigation reports prepared in compliance with this Rule and all other applicable requirements. The reports shall contain the following:

(1) an update on meeting the deadlines required by Rule .0302(h) of this Section and by the remediating party's agreement with the Department;

(2) a narrative description of how the investigation was conducted, including a discussion of all variances from the approved work plan;

(3) a description of groundwater monitoring well design and installation procedures, including drilling methods used, completed drilling logs, "as built" drawings of all monitoring wells, well construction techniques and materials, geologic logs, and copies of all well installation permits;

(4) a map, drawn to scale, showing all environmental media sample locations, test pits, surficial soil samples, soil borings, soil vapor samples, surface water samples, sediment samples, and monitoring wells in relation to disposal areas or other sources of contamination identified pursuant to Paragraph (f) of this Rule. All sample locations shall be surveyed to a known benchmark or flagged with a secure marker until after the remedial action is completed. Groundwater elevations shall be surveyed to a known datum. Any survey performed pursuant to this Paragraph shall be performed by a registered land surveyor duly authorized under North Carolina law to conduct such activities;

(5) a description of all field and laboratory quality control and quality assurance procedures followed during the remedial investigation;

(6) a description of procedures used to manage drill cuttings, purge water, and decontamination water;

(7) a summary of site geologic conditions, including a description of soils and vadose zone characteristics;

(8) a description of site hydrogeologic conditions if groundwater contamination is known or suspected to be present, including current uses of groundwater, notable aquifer characteristics, a water table elevation contour map with groundwater flow patterns depicted, and tabulated groundwater elevation data;

(9) tabulation of analytical results for all sampling including sampling dates and soil sampling depths and copies of all laboratory reports, including quality assurance and quality control documentation;

(10) if contaminants exceed cleanup levels pursuant to Rule .0308 of this Section, soil, groundwater, surface water, and sediment contaminant delineation maps for each primary constituent of concern, including scale and sampling points with contaminant concentrations;

(11) if contaminants exceed cleanup levels pursuant to Rule .0308 of this Section, cross sections, including scale and sampling points with contaminant concentrations;

(12) a description of the risk of contaminant migration in any media to:

(A) wells, springs, and surface water intakes identified in Subparagraph (h)(6) of this Rule; and

(B) sensitive environments, sensitive populations or property uses, or above and below ground structures and utilities identified in Subparagraph (h)(7) of this Rule;

(13) a description of procedures and the results of special assessments such as geophysical surveys, immunoassay testing, soil gas surveys, or test pit excavations; and

(14) color copies of site photographs if used to provide documentation of the investigation results.

(j) If an REC elects to conduct a pilot study, or further contaminant characterization is needed to evaluate a potential remedy, the REC shall prepare, certify, and submit, prior to implementation, a work plan prepared in compliance with Paragraphs (d) and (e) of this Rule and other applicable requirements. The work plan shall also contain a description of additional site characterization, pilot studies, and treatability studies to be conducted in relation to the site.

(k) If any of the following conditions apply to the proposed remedial action, the REC shall seek and obtain Department concurrence with the remedial action prior to implementation by submitting to the Department a summary of available remedies, their projected costs, and the reasons why each was accepted or rejected by the REC:

(1) the remedial action will be conducted entirely on site and for which a permit waiver is desired under G.S. 130A-310.3(e);

(2) the remedial action includes institutional controls for restricted use of contaminated areas or media; or

(3) the remedial action exceeds the cost set forth in G.S. 130A-310.9(a).

(l) Thirty days prior to approving a remedial action plan, the REC shall provide notice of the proposed remedial action plan to those who have requested notice that such plans have been developed, as provided in G.S. 130A-310.4(c)(2). The REC shall provide proof of such notice and of resulting comments from the public to the Department prior to approval of the remedial action plan.

(m) Remedial actions that involve the emission or discharge of hazardous substances to the atmosphere shall be conducted in a manner that provides for the protection of human health and the environment, in conformance with this Section and all applicable permits, approvals, laws, or other rules or regulations.

(n) The REC shall prepare, certify, and submit, prior to implementation of a contaminant remedy, remedial action plans prepared in compliance with Paragraphs (d), (e), (k), (l), and (m) of this Rule and all other applicable requirements. The plans shall contain the following:

(1) a discussion of the results of the remedial investigation, including media contaminated, contaminants of concern, the areal and vertical extent of contamination, and the risk of contaminant migration in any media to any wells, springs, and surface-water intakes, sensitive environments, sensitive populations or property uses, and above and below ground structures or utilities identified in Subparagraph (i)(12) of this Rule;

(2) a statement of objectives for the remedial action;

(3) an evaluation of available remedial alternatives using the following feasibility study criteria:

(A) protection of human health and the environment, including attainment of cleanup levels;

(B) compliance with applicable federal, State, and local regulations;

(D) reduction of toxicity, mobility and volume;

(E) short-term effectiveness, such as effectiveness at minimizing the impact of the site remedial action on the environment and the local community;

(F) implementability, such as technical and logistical feasibility and an estimate of time required for completion;

(G) cost; and

(H) community acceptance;

(4) a description of the results of site characterization, pilot studies, or treatability studies that support the design and a description of the procedures and schedule for construction, operation and maintenance, system monitoring and performance evaluation, and progress reporting for the chosen remedial alternative;

(5) a description and conceptual design of the proposed remedy, including process flow diagrams and pre-design drawings of all major components of all treatment;

(6) a demonstration that the proposed remedy is supported by the remedial alternative feasibility study conducted pursuant to Subparagraph (n)(3) of this Rule;

(7) a description of all activities necessary to implement the proposed methods of remedial action in compliance with applicable laws and regulations and in such a manner that cleanup standards are met. These activities shall include, well installation and abandonment, sampling, run-on or run-off control, discharge of treated waste streams, and management of investigation and remedial action derived wastes;

(8) a description of the criteria for remedial action completion, including procedures for confirmatory sampling;

(9) a description of measures that shall be implemented to protect the health and safety of nearby residential and business communities in relation to activities of the remedial action; and

(10) equipment and personnel decontamination procedures.

(o) If, in the opinion of the REC, interim remedial action is necessary to abate an imminent hazard as defined in G.S. 130A-310.5(a), or for removal of waste or chemical sources to protect public health, safety, and welfare and the environment from hazardous substances migrating toward receptors or other properties prior to development of a remedial action plan pursuant to Paragraph (n) of this Rule, the REC shall prepare, certify, and submit, prior to implementation, an interim remedial action plan prepared in compliance with Paragraphs (d), (e), (k), (l), and (m) of this Rule and other applicable requirements that contains the following:

(1) a discussion of the remedial investigation data collected to date, including media contaminated, contaminants of concern, the known areal and vertical extent of contamination, and the risk of contaminant migration in media to any wells, springs, and surface water intakes, sensitive environments, sensitive populations or property uses, and above and below ground structures or utilities identified during the remedial investigation;

(2) a statement of objectives for the interim remedial action;

(3) a description and conceptual design of the proposed interim remedial action, including process flow diagrams and pre-design drawings of all major components of all treatments;

(4) a description of all activities necessary to implement the proposed methods of interim remedial action in compliance with applicable laws and regulations.

(5) a description of measures that shall be implemented to protect the health and safety of nearby residential and business communities in relation to activities of the interim remedial action; and

(6) equipment and personnel decontamination procedures.

(p) The REC may change an approved remedy. In such cases, the REC shall prepare a revised remedial action plan in compliance with Paragraph (n) of this Rule.

(q) The REC shall prepare, certify, and submit remedial action progress reports in compliance with Paragraph (d) of this Rule and all other applicable requirements beginning after the REC has certified approval of the remedial action plan pursuant to Part (b)(5)(B) of this Rule. Remedial action progress reporting shall continue until remedial action is complete. Remedial action progress reports shall be submitted quarterly until one year after the construction of the remedy is complete. After the first year of progress reporting or if a remedy that includes no construction component is being implemented, remedial action progress reports shall be submitted annually until remedial action is complete. Remedial action progress reports shall include, for the reporting period, an update on meeting the deadlines in Rule .0302(h) of this Section and the remediating party's agreement with the Department and the following:

(1) a description of the results of all site characterization, pilot studies, or treatability studies completed since certification of the remedial action plan;

(2) the final engineering design report, including a narrative description of process design, final plans and specifications, and an updated project schedule;

(3) copies of any final registrations, permits, and approvals;

(4) "as built" plans and specifications;

(5) a summary of all problems encountered during construction;

(6) operation and maintenance results of the treatment technology utilized, such as summaries of remedial action operating and maintenance requirements and a discussion of problems encountered;

(7) performance evaluation results, including tabulated and graphical presentations of monitoring data and a comparison of remedial action performance to design goals;

(8) a description of all field and laboratory quality control and quality assurance procedures followed during all sampling and analysis;

(9) tabulation of analytical results for all sampling and copies of all laboratory reports including quality assurance and quality control documentation;

(10) a map, drawn to scale, showing all soil sample and monitoring well locations;

(11) if contaminants exceed cleanup levels pursuant to Rule .0308 of this Section, current soil, groundwater, surface water, and sediment contaminant delineation maps for each primary contaminant of concern, including scale and sampling points with contaminant concentrations;

(12) if groundwater contamination exists at the site in excess of cleanup levels established pursuant to Rule .0308 of this Section, upon construction completion certification by the REC and at least every five years thereafter until remedial action is complete, an update of the information required pursuant to Subparagraphs (h)(6) and (7) of this Rule shall be included. The update shall also include an evaluation of the necessity to implement additional remedial action, and a remedial action plan if the REC determines a need exists, to address a risk of contaminant migration in any environmental media to any of the following:

(A) identified wells, springs, and surface-water intakes;

(B) identified sensitive environments, sensitive populations, or property uses; and

(13) sampling and analytical results that demonstrate progress toward achieving remedial goals.

(r) The REC shall prepare, certify, and submit final remedial action completion reports that contain the following, unless provided in a previous progress report:

(1) a final progress report that includes all the information required pursuant to Paragraph (q) of this Rule;

(2) a summary of remedial action operating experience and effectiveness in meeting design goals, based on all performance monitoring data and progress reporting to date; and

(3) a discussion of criteria for completing the remedial action and a demonstration, supported by confirmatory sampling data, that such criteria have been satisfied.

(s) In the performance of its role pursuant to the rules in this Section, the REC shall manage investigation and remedial action derived wastes to provide for the protection of human health and the environment and comply with all applicable federal, State, and local laws, rules, and regulations.

History Note: Authority G.S. 130A-310.12(b);

Eff. April 1, 1997;

Readopted Eff. July 1, 2020.

15A NCAC 13C .0307 DEPARTMENTAL AUDITS AND INSPECTIONS

(a) The Department may conduct random or targeted audits of any REC, remediating party, response action or site that is subject to this Section.

(b) During Departmental audits of voluntary remedial actions, the Department may:

(1) request that the person who has performed the response action provide a written explanation or other supporting evidence, to demonstrate compliance with this Section and other applicable requirements;

(2) request that the person who has performed the response action or who is the subject of the audit appear at one of the Department's offices for an interview to provide an oral explanation or other evidence to demonstrate compliance with this Section and other applicable requirements. Any person requested to appear for an interview may be accompanied by an attorney or other representative;

(3) visit a site or other location to determine whether an REC, remediating party, response action, or site is in compliance with this Section and other applicable requirements;

(4) investigate, take samples at a site, and inspect records, conditions, equipment, or practices material to the response action or property related to the site; or

(5) take any other action to determine whether response actions have been performed in compliance with this Section and the requirements of Part 9 of Article 9 of Chapter 130A of the General Statutes.

(c) In order to participate in the voluntary remedial action program governed by this Section, remediating parties shall provide financial assurance by paying an annual administrative fee. The fee shall be set by the Department based on the expected cost of auditing voluntary remedial actions and shall be used to offset that cost. Remediating parties who pay this fee shall also annually pay any shortfall or be reimbursed any remainder not expended by the Department annually.

(d) Based on audit findings, the Department may terminate a site's eligibility for voluntary remedial action under the REC program, disqualify an RSM or REC from work on a site or from the program or take other applicable enforcement action.

History Note: Authority G.S. 130A-310.9(b); 130A-310.12(b);

Eff. April 1, 1997;

Readopted Eff. July 1, 2020.

15A NCAC 13C .0308 CLEANUP LEVELS

(a) RECs shall demonstrate that the Department's ascertainment of the most nearly applicable cleanup standards as would be applied pursuant to CERCLA/SARA are met.

(b) Characterization of risks to health, safety, public welfare, and the environment is not required pursuant to this Section for a disposal site, environmental medium, or chemical for which response actions have reduced concentrations of hazardous substances to on-site natural background levels.

History Note: Authority G.S. 130A-310.3(d); 130A-310.12(b);

Eff. April 1, 1997;

Readopted Eff. July 1, 2020.