Current through Register Vol. 43, No. 5, February 28, 2025
(1)
Submission. An
acceptable Voluntary Cleanup Plan shall describe in sufficient detail those
actions necessary to return the property to residential quality use, or at a
minimum include restrictions such as land use controls, if appropriate, to
satisfy the cleanup requirements for the qualifying property.
(2)
Content. The
plan must identify those steps necessary to perform approved cleanup for the
site. At a minimum, the cleanup plan must include:
(a) A description of the remediation at each
area of known contamination;
(b) A
description of the conduct of the cleanup at the facility;
1. A detailed description of the methods to
be used during cleanup, including but not limited to, removing, transporting,
treating, storing, or disposing of all remediation waste, identification of the
type(s) of offsite solid and/or hazardous waste management unit(s) to be used,
if applicable.
2. A detailed
description of the steps needed to remove or decontaminate all hazardous
residues and contaminated containment system components, equipment, structures,
and soils during cleanup including, but not limited to:
(i) Procedures for cleaning equipment and
removal of contaminated soils;
(ii)
Methods for sampling and testing surrounding soils,
(iii) Criteria for determining the extent of
remediation necessary to satisfy the cleanup requirements, and
(iv) An estimate of the expected year of
cleanup for facilities that use trust funds to demonstrate financial assurance
under 335-15-5-.02(b).
3. A detailed description of other activities
necessary during or after the cleanup period to ensure compliance with the
cleanup performance requirements. This description may include operation and
maintenance, such as, but not limited to groundwater monitoring, leachate
collection, and run-on and run-off control;
4. A schedule for cleanup of known areas of
contamination. At a minimum, the schedule must include the total time necessary
to remediate each known area of contamination and the time required for cleanup
activities;
5. Provide proof of
financial assurance in accordance with 335-15-5; and
6. An estimate of the expected year of
cleanup for facilities that use trust funds to demonstrate financial assurance
under 335-15-5-.02(b).
(c) An estimate of the maximum inventory of
remediation wastes/contaminated media on-site during cleanup
operations.
(d) A Voluntary Cleanup
Plan submitted by a responsible person must provide for remediation of all
contamination described in the property assessment report whether on-site or
off-site beyond the property boundary. (e) A Voluntary Cleanup Plan submitted
by a non-responsible party must provide for remediation of all contamination
described in the property assessment report on-site only.
(e) A Voluntary Cleanup Plan submitted by a
non-responsible person or a responsible person applicant must provide for
remediation of the contamination described in the property assessment report
within the qualifying property boundaries or portions thereof.
(3)
Modifications. The applicant may modify the approved
cleanup plan at any time prior to the notification of cleanup by submitting a
written request to the Department. The request for modification approval must
include a copy of the amended cleanup plan.
(a) The applicant must modify the cleanup
plan whenever:
1. Changes in operating plans
or facility design affect the cleanup plan;
2. There is a change in the expected year of
cleanup, if applicable;
3.
Unexpected events encountered during cleanup require a modification of the
cleanup plan; and/or
4. The
applicant determines that it necessary or advisable to make changes and/or
deviations in cleanup requirements that affect either cleanup activities or the
degree of remediation initially proposed.
(b) An applicant with an approved cleanup
plan shall submit request for modification to the Department at least 60 days
prior to the proposed change in facility design or operation, or no more than
30 days after an unexpected event has occurred which has affected the cleanup
plan.
(c) If at any time an
applicant determines that any element of an approved voluntary cleanup plan
must be modified in order to terminate activities at the property, the
applicant shall notify the Department and obtain approval of the proposed
modification which may be withheld only if the requested modification would
increase the risk to human health and the environment posed by conditions at
the property.
(4)
Processing.
(a)
Within 60 days of submittal, the Department shall either approve a complete or
modified Voluntary Cleanup Plan, or request corrections to or disapprove the
Voluntary Cleanup Plan. The plan shall be considered approved if the Department
fails to act within this timeframe.
(b) The Department shall review for
completeness every cleanup plan submitted for approval as required by
335-15-4-.04(4).
Upon completing the review, the Department shall notify the applicant in
writing whether the plan is complete. If the plan is incomplete, the
Department:
1. Shall list the information
necessary to make the plan complete;
2. Shall specify in the notice of deficiency
a date for submitting the necessary information; and
3. Shall request any information necessary to
clarify, modify, or supplement previously submitted material.
4. Disapprove the plan if requested
information is not submitted in a timely fashion.
(c) Once a cleanup plan is determined to be
complete, the Department will provide for public comment in accordance with
335-15-6-.02(1).
(5)
Implementation of Voluntary
Cleanup Plan.
(a) Upon the
Department approval of a Voluntary Cleanup Plan, the applicant shall begin
implementation. The Department's approval of a Voluntary Cleanup Plan shall in
no way be construed as a guarantee, promise, or assurance that the Department
will concur with the applicant's Certification of Compliance with the cleanup
requirements.
(b) If at any time
the applicant or the Department determines that any element of an approved
Voluntary Cleanup Plan must be modified in order to develop the information
necessary to perform a risk assessment or identify applicable cleanup standards
for the qualifying property, the applicant shall modify the approved plan and
obtain approval of the proposed modification.
(c) An applicant shall retain records of any
test results, waste analyses, and determinations made in accordance with the
Voluntary Property Assessment Plan and/or the Voluntary Property Cleanup Plan,
as well as records of off-site disposal locations, waste types and quantities,
for a period of three years.
(d)
The applicant shall submit proof of financial assurance to implement the
Voluntary Cleanup Plan, in such form as specified by the Department in
335-15-5-.02.
(6)
Removal of Wastes and
Decontamination or Dismantling of Equipment. Nothing in
335-15-4-.04 shall preclude the
applicant from the removal of hazardous wastes, constituents, contaminants or
pollutants and decontamination or dismantling equipment in accordance with an
approved cleanup plan either before or after notification of cleanup, provided
all appropriate manifesting records are maintained.
(7)
Voluntary Cleanup
Report.
(a)
Submission. Within 60 days of completion of the
cleanup of the entire site, the applicant shall submit to the Department, by
registered mail, a report that the site, has been remediated in accordance with
the specifications in the approved cleanup plan.
(b)
Content. The
report must detail the actions performed in accordance with the specifications
in the approved cleanup plan. At a minimum, the cleanup report must include:
1. The information required by
335-15-4-.04(2).
2. Certification of Compliance.
(i) Within 60 days of completion of cleanup
or each area of contamination and/or within 60 days of completion of cleanup of
the entire site, the applicant shall submit to the Department, by registered
mail, a Certification of Compliance that the area of contamination, unit, or
site, as applicable, has been remediated in accordance with the specifications
in the approved cleanup plan
(ii)
Certain information required by 335-15 involves the practice of engineering
and/or land surveying, as those terms are defined in the
Code of
Alabama 1975, §§
34-11-1 to
34-11-37; and/or the practice of
geology, as that term is defined in
Code of Alabama
1975, §§
34-41-1 to
34-41-24. It is the responsibility
of any person preparing or submitting such information to ensure compliance
with these laws and any regulations promulgated thereunder. All submissions, or
parts thereof, which are required by State law to be prepared by a licensed
engineer, land surveyor, or geologist, must include the engineer's, land
surveyor's, and/or geologist's signature and/or seal, as required by the
applicable licensure laws.
3.
Restricted Use
Property. For those properties that are cleaned up to requirements
less stringent than those required for unrestricted residential use, the
property owner shall comply with the requirements of
335-15-6-.03(3)
within 60 days of the submission of the Certification of
Compliance.
(8)
Site Cleanup Prior to Submission of the Application.
If site cleanup was conducted prior to submission of the application, all
pertinent information from the original assessment and cleanup plans shall be
incorporated into a Voluntary Property Assessment and Cleanup Report. The site
is required to meet all requirements of 335-15 to be eligible for limitation of
liability provisions cited in the Alabama Land Recycling and Economic
Redevelopment Act.
Author: Fred A. Barnes; Keith N. West;
Lawrence A. Norris; Stephen A. Cobb; James L. Bryant; Vernon H. Crockett; Sonja
B. Favors; Pamela W. Luckie; Crystal L. Collins; Lynn T. Roper; M. Gavin Adams;
Austin R. Pierce; Pamela L. Monaghan
Statutory Authority:
Code of Ala.
1975, §
22-30E-9.
