Section 20-6211. NO FURTHER ACTION AND CASE CLOSURE REQUIREMENTS

 

6211.1A responsible party, who wishes to secure a No-Further-Action (NFA) letter or a case closure determination, shall submit a written request for a No-Further-Action letter or case closure determination to the Director. The responsible party or an authorized representative shall sign the request. The request shall include a summary of major events and accomplishments during the site investigation and/or remediation process, including to the extent possible, but not limited to, the following:

 

(a)The cause of the release if known;

 

(d)The estimated amount and type of product released;

 

(e)The estimated amount of product recovered;

 

(f)An analysis that demonstrates that the site has met the objectives for clean-up or the objectives agreed upon by the Director; and

 

(g)All documents (permits, certificates, approvals, etc.) relating to the transportation and disposal of wastes from the site (i.e. tanks, soils, product, water), unless previously submitted to the Director, the UST Division or another division of the Department of Health; and if previously submitted, a list containing the names of the documents, dates of submission and name of the division.

 

6211.2All records or reports documenting the transport and disposal of any free product, contaminated water and soil, or other waste that is generated at the site while the corrective action plan is being performed, shall be maintained by the owner, operator or a responsible party for a period of at least three (3) years from the date of issuance of no further action or case closure letter.

 

6211.3Prior to approving a request for no further action or case closure, the Director shall be satisfied of the following:

 

(a)If applicable, that all CAP objectives have been met;

 

(b)That all free product has been removed to the maximum extent practicable;

 

(c)That the site does not pose a threat to human health or the environment; and

 

(d)If applicable, that Tier 1 or Tier 2 levels have been met.

 

6211.4The Director shall review each request for case closure completed in accordance with this section. If the Director is satisfied that the requirements for case closure set forth in §§ 6211.1 through 6211.3 have been met, the Director shall issue case closure letter. The closure approval shall not absolve the owner, operator or a responsible party from previously incurred or potential future liability.

 

6211.5The Director shall review each request for no further action in accordance with this section. If the Director is satisfied that all of the corrective actions required by the Director in accordance with the applicable provisions of this Subtitle have been met, the Director shall issue a No-Further-Action letter. A no-further-action letter shall not absolve the owner, operator or a responsible party from previously incurred or potential future liability.

 

6211.6In the event the Director denies the request for no further action or case closure, the Director shall provide the responsible party a written notice of denial which states the basis for the denial and informs the responsible party of the procedures to appeal the denial.

 

6211.7Upon receiving notice from the Director that the no further action or the case closure requirements have been met, the owner, operator or a responsible party shall, as applicable, remove all equipment, and ensure that all wells are properly abandoned, unless otherwise authorized by the Director.

 

source

Final Rulemaking published at 40 DCR 7835, 7896 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999).