Current through Register Vol. 39, No. 6, September 16, 2024
(a) A permit shall
be held, and renewed if necessary, until such time that the soil remediation
facility has satisfied all conditions for closure and the permitting agency has
notified the permit holder that the facility has satisfied conditions necessary
for closure and rescinded the permit. The permittee shall notify the permitting
agency 30 days prior to the initiation of closure activities. This Rule does
not apply to facilities that are deemed permitted pursuant to Rule .1503 of
this Section.
(b) A facility may be
considered for closure if all of the following conditions have been satisfied:
(1) All outstanding enforcement actions
levied by the permitting agency have been resolved.
(2) Requirements for all other on-site
permitted activities have been met.
(3) For all land application sites, the
applicant shall provide to the permitting agency:
(A) a demonstration that no contaminant
constituents in the groundwater exceed groundwater standards for dedicated and
conventional rate land application sites;
(B) a demonstration that all contaminated
soil has been remediated to below either the soil-to-groundwater contaminant
concentrations or the residential maximum soil contaminant concentrations
established by the Department pursuant to
15A NCAC
02L .0411, whichever is lower. The
demonstration shall be based upon representative samples from the permitted
site; and
(C) if a groundwater
drainage system or surface waters are present on the site or within the
compliance boundary, a demonstration that surface water does not contain
contaminants at concentrations in excess of those established in Subchapter
15A NCAC
02B.
(4) For facilities utilizing containment and
treatment or portable self-contained treatment systems:
(A) The applicant shall demonstrate to the
permitting agency that all treated soil has been remediated to below either the
soil-to-groundwater contaminant concentrations or the residential maximum soil
contaminant concentrations established by the Department pursuant to
15A NCAC
02L .0411, whichever is lower, based upon
analysis of representative soil samples or is disposed of under Subparagraph
(b)(4)(B) of this Rule.
(B) All
remaining soil that contains contaminants at levels that exceed either the
soil-to-groundwater contaminant concentrations or the residential maximum soil
contaminant concentrations established by the Department pursuant to
15A NCAC
02L .0411, whichever is lower, shall be
disposed of at another permitted facility and the permitting agency shall be
notified prior to transport.
(C)
The applicant shall demonstrate to the permitting agency that the facility has
been decontaminated based upon analysis of samples.
(5) For storage facilities, a demonstration
that the storage facility has been decontaminated to below either the
soil-to-groundwater contaminant concentrations or the residential maximum soil
contaminant concentrations established by the Department pursuant to
15A NCAC
02L .0411, whichever is lower, shall be
submitted by the permittee to the Division. The demonstration shall be based
upon analysis of pollutants identified in the contaminated soil as provided in
Rule .1504(a)(1) of this Section.
(c) A facility that satisfies the conditions
for closure may petition the permitting agency for approval of closure and
shall provide the following information:
(1)
identification of the original permit number authorizing the construction and
operation of the soil remediation facility;
(2) the reason for closure of
facility;
(3) the name and title of
the facility contact;
(4) tabulated
and graphed sample analyses for the last four groundwater sampling events prior
to facility shutdown, showing the concentrations of the parameters of concern
and, if groundwater monitoring is required at a land application site,
groundwater analytical results for sample collection to satisfy Part (b)(3)(A)
of this Rule;
(5) laboratory
analytical results for soil samples collected from the treated soil that have
been analyzed by methods approved in accordance with Rule .1504(a)(1) of this
Section;
(6) if a groundwater
drainage network, such as ditches, or surface waters are present on the site or
within the compliance boundary, analytical results for surface water samples
collected upstream of the facility, within the facility, and at a downstream
location at the edge of the property to document that surface waters do not
exceed the surface water quality standards and criteria established in
Subchapter
15A NCAC
02B;
(7) decontamination procedures for all
treatment or containment structures;
(8) a sedimentation and erosion control plan,
prepared in accordance with the Division of Energy, Mineral, and Land Resources
requirements pursuant to Subchapter
15A NCAC
04B, if a plan to restore the site to
pre-soil treatment conditions is proposed that will disturb an area of land
equal to or greater than one acre;
(9) a map of the facility that shows the
size, orientation, and location of the facility relative to existing monitor
wells, roads, structures, and other site features; and
(10) certification that the closure has been
accomplished and that the information submitted is complete, factual, and
accurate.
(d) The
permitting agency shall issue a notice approving the closure of a facility and
stating that the permit for the facility has been rescinded if the permitting
agency has determined that the facility has met all applicable requirements set
forth in this Rule.
