Current through
Register Vol. 43, No. 12, March 20, 2024
(a) Upon signature of the voluntary agreement
by the voluntary party and the secretary, the voluntary party shall submit each
environmental site assessment, investigation report, or both, for review by the
department to determine whether the following objectives have been met:
(1) The sources for contaminants have been
adequately identified and investigated.
(2) The vertical and horizontal extent of
contaminants has been determined.
(3) The human health and environmental
receptors have been identified.
(4)
The potential risks and impacts to receptors have been evaluated.
(5) Quality assurance and quality control
have been maintained.
(6) The work
has been performed in accordance with standard industry practices.
(b) If the secretary determines
that further investigation is necessary to meet the objectives specified in
subsection (a), the voluntary party shall submit a work plan to the department
for review and approval. After approval of the work plan by the secretary, the
following actions shall occur:
(1) The
voluntary party shall implement the approved work plan for
investigation.
(2) The voluntary
party shall document and submit the results of the investigation in a report,
which shall be submitted to the department for review.
(c) If the secretary determines that
remediation is necessary to mitigate the risks posed by the property subject to
the voluntary agreement, the voluntary party shall submit a proposal for
remediation to the department for review and approval. The proposal for
remediation shall meet the following requirements:
(1) Be protective of human health and the
environment for documented present and proposed future land uses;
(2) meet applicable state standards or
acceptable contaminant concentrations as determined by a risk analysis that
evaluates the property subject to the voluntary agreement and surrounding
properties as a whole and that is approved by the secretary;
(3) evaluate remedial alternatives that are
proven reliable and are economically and technically feasible by completing the
following activities:
(A) Comparing at least
two alternatives, not including the "no action" alternative; and
(B) documenting the ability of each remedial
alternative to attain a degree of cleanup and control of contaminants
established by the department; and
(4) provide a description and evaluation of
the voluntary party's proposed remedial alternative.
(d) If the secretary approves the proposal
for remediation, the applicant shall submit a cleanup plan. The cleanup plan
shall include the following:
(1) A
description of all tasks necessary to implement the preferred remedial
alternative;
(2) preliminary or
final design plans and specifications of the preferred remedial
alternative;
(3) a description of
all necessary easements and permits required for implementation of the
cleanup;
(4) an implementation
schedule;
(5) a plan to monitor the
effectiveness of the cleanup during implementation; and
(6) a verification plan to document that
cleanup objectives have been achieved, which shall include sampling to be
performed by the voluntary party, department, or both, as determined by the
secretary.
