Risk-Based Remediation

Introduction

Session Law 2015-286 allows risk-based remediation as a cleanup option at contaminated sites where the use of remedial actions and land-use controls can reliably ensure that affected properties are safe for their intended use. In addition to DEQ’s Underground Storage Tank, Dry-cleaning Solvent Cleanup Act, and the Pre-Regulatory Land Fill Programs, risk-based remediation can now be considered in all DEQ environmental cleanup programs, except those subject to remediation pursuant to the Coal Ash Management Act of 2014 and the requirements of animal waste management systems. 

A risk-based remedial alternative is best suited for sites where groundwater monitoring indicates that plume migration is stable or predictable, all unacceptable risk can be mitigated through engineered and/or institutional controls, and owners of all affected or potentially affected properties consent to the institutional controls.