Current through Register Vol. 56, No. 18, September 16, 2024
(a) The purpose of this subchapter is to establish the administrative requirements of the person responsible for conducting the remediation for:
1. Using a deed notice as an institutional control;
2. Using a ground water classification area as an institutional control; and
3. A remedial action permit that establishes the regulatory mechanism for:
i. Operating and maintaining certain remedial actions;
ii. Monitoring the effectiveness of certain remedial actions; and
iii. Submitting a biennial certification of the continued protectiveness of a remedial action that includes an engineering or institutional control.
(b) More specifically, this subchapter establishes:
1. The requirements for the use of a deed notice as part of a remedial action, pursuant to 7:26C-7.2;
2. The requirements for the use of a ground water classification area as part of a remedial action, pursuant to 7:26C-7.3;
3. The permittees of a remedial action permit, pursuant to 7:26C-7.4;
4. The requirements for applying for a remedial action permit at 7:26C-7.5;
5. The remedial action permit application schedule, pursuant to 7:26C-7.6;
6. The general conditions that apply to all remedial action permits, pursuant to 7:26C-7.7;
7. The specific conditions applicable to all soil remedial action permits, pursuant to 7:26C-7.8;
8. The specific conditions that apply to all ground water remedial action permits, pursuant to 7:26C-7.9;
9. The financial assurance requirements when a remedial action includes an engineering control, pursuant to 7:26C-7.10;
10. The procedures for the transfer of a remedial action permit, pursuant to 7:26C-7.11;
11. The procedures for the Department to modify specific requirements in a remedial action permit, pursuant to 7:26C-7.12; and
12. The procedures for the Department to terminate a remedial action permit, pursuant to 7:26C-7.13.
(c) A remedial action permit pursuant to this subchapter does not:
1. Authorize any person to discharge any pollutant or hazardous substance; or
2. Relieve any person from the obligation to comply with all other applicable Federal, State, and local laws, rules, and regulations.
(d) Any person who chooses to redevelop or change the use of real property in a manner inconsistent with a remedial action that includes an engineering or institutional control, or to conduct additional remediation or other activities that would result in the need to file a new deed notice or to replace a declaration of environmental restrictions associated with the real property, shall comply with this subchapter.
