Current through Reg. 49, No. 12; March 22, 2024
(a) If the Site
Remediation Section determines that a participant has completed a voluntary
cleanup approved under this subchapter, the Commission shall certify that the
action has been completed by issuing the participant a certificate of
completion.
(b) The certificate of
completion shall:
(1) acknowledge the
protection from liability provided by §
RSA
4.445 of this title (relating to Persons
Released from Liability);
(2)
indicate the proposed future land use;
(3) include a legal description of the site
and the names of the site's surface and mineral owners and mineral operators at
the time the application to participate in the voluntary cleanup program was
filed; and
(4) include an Affidavit
of Completion on a form prescribed by the Commission. The affidavit of
completion is a sworn statement made by the participant that is attached to and
becomes part of the certificate of completion issued by the Commission. The
affidavit shall:
(A) identify the site and
its surface and mineral owners and mineral operators;
(B) identify the response actions performed
including, if appropriate, any reliance on engineering or institutional
controls;
(C) declare that the
degree of inquiry used in determining the appropriate response actions, the
response actions, and reporting were consistent with industry standards;
and
(D) state that the certificate
of completion has not been acquired by fraud, misrepresentation, or knowing
failure to disclose material information.
(c) If the Site Remediation Section
determines that the participant has substantially completed a voluntary cleanup
approved under this subchapter, and that oversight and maintenance of controls
and remediation systems provide a strong likelihood of success with minimal
maintenance and reporting, the Commission may issue a conditional certificate
of completion. The conditional certificate of completion shall:
(1) acknowledge the protection from liability
provided by §
RSA
4.445 of this title (relating to Persons
Released from Liability);
(2)
indicate the proposed future land use;
(3) include a legal description of the site
and the names of the site's surface and mineral owners and mineral operators at
the time the application to participate in the voluntary cleanup program was
filed;
(4) identify the oversight
and maintenance activities and results the person must perform, reach, and
maintain for the conditional certificate to remain in force;
(5) include a schedule of
activities;
(6) identify responses
in case of remedy failure; and
(7)
include an Affidavit of Response Action Implementation. The Affidavit of
Response Action Implementation is a sworn statement made by the participant and
that is attached to and becomes part of the conditional certificate of
completion issued by the commission. In addition to all of the elements
identified in subsection (b)(4) of this section, the Affidavit of Response
Action Implementation shall include a schedule the participant's post closure
monitoring activities and reporting to the Railroad Commission of Texas with an
estimated date of completion, and identify contingencies that the participant
is obligated to implement if any response action fails in whole or in
part.
(d) If the Site
Remediation Section determines that the participant has not completed a
voluntary cleanup approved under this subchapter, the Assistant Director shall
so notify the participant, the current surface and mineral owners and the
mineral operators of the site that is the subject of the cleanup.
