Current through Register Vol. 41, No. 3, September 23, 2024
A. The
Voluntary Remediation Report shall consist of the following components: a Site
Characterization, a Risk Assessment, a Remedial Action Plan, a Demonstration of
Completion, and Documentation of Public Notice. Each separate component of the
Voluntary Remediation Report shall be submitted as listed in this subsection:
1. The Site Characterization component shall
provide an understanding of the site conditions including the identification
and description of each area of concern (or source); the nature and extent of
releases to all media, including a map of the onsite and offsite vertical and
horizontal extent of contaminants above levels consistent with
9VAC20-160-90;
and a discussion of the potential risks posed by the release. If remedial
activities have occurred prior to enrollment, this information shall be
included.
2. The Risk Assessment
component shall contain an evaluation of the risks to human health and the
environment posed by the release, including an assessment of risk to offsite
properties; a proposed set of remediation level objectives consistent with
9VAC20-160-90
that are protective of human health and the environment; and either recommended
remediation actions to achieve the proposed objectives or a demonstration that
no action is necessary.
3. The
Remedial Action Plan component shall propose the specific activities, a
schedule for those activities, any permits required to initiate and complete
the remediation, and specific design plans for implementing remediation that
will achieve the remediation level objectives specified in the Risk Assessment
component of the report. Control or elimination of continuing onsite sources of
releases to the environment shall be discussed. Land use controls and any
permits required for the remediation process should be discussed as
appropriate. If no remedial action is necessary, the Remedial Action Plan shall
discuss the reasoning for no action.
4. The Demonstration of Completion component
shall include the following, as applicable:
a.
A detailed summary of the remediation implemented at the site, including a
discussion of the remediation systems installed and a description of the
remediation activities that occurred at the site.
b. A detailed summary of how the established
site-specific objectives have been achieved, including (i) a description of how
onsite releases (or sources) of contamination have been eliminated or
controlled, and (ii) confirmational sampling results demonstrating that the
remediation level objectives have been achieved and that the migration of
contamination has been stabilized.
c. A description of any site restrictions
including land use controls that are proposed for the certificate.
d. A demonstration that all other criteria
for completion of remediation have been satisfied.
e. A statement signed by the participant or
authorized agent that to the best of the participant's knowledge, the
activities performed at the site pursuant to this chapter have been in
compliance with applicable regulations.
5. The Documentation of Public Notice
component is required to demonstrate that public notice has been provided in
accordance with
9VAC20-160-120.
Such documentation shall, at a minimum, consist of copies of all of the
documents required pursuant to the provisions of subsection E of
9VAC20-160-120.
B. It is the participant's
responsibility to ensure that the investigation and remediation activities
(e.g., waste management and disposal, erosion and sedimentation controls, air
emission controls, and activities that impact wetlands and other sensitive
ecological habitats) comply with all applicable federal, state, and local laws
and regulations.
C. All work, to
include sampling and analysis, shall be performed in accordance with Test
Methods for Evaluating Solid Waste, USEPA SW-846, revised March 2009, or other
media-specific methods approved by the department and completed using
appropriate quality assurance and quality control protocols. All analyses shall
be performed by laboratories certified by the Virginia Environmental Laboratory
Accreditation Program (VELAP). Laboratory certificates of analysis shall be
included with applicable reports.
D. While participating in the program, the
participant shall notify the department in writing within 30 days of any change
in property ownership and if the participant changes, then the new participant
shall notify the department within 30 days of the change.
E. While participating in the program, the
participant shall notify the department in writing within 30 days of any change
in agent for the property owner or the participant.
Statutory Authority: §
10.1-1232
of the Code of Virginia.
