Procedures

Step 1: Determine Eligibility

See Does this apply to my site?

Step 2: Complete the Site Assessment

Assess all contaminated areas of the site including types and levels of contamination, migration pathways and direction, concentration trends, and site characteristics. Using technically sound and defensible lines of evidence, delineate the extent of contamination in each environmental medium to unrestricted use levels (residential preliminary soil remedial goals for soil and sediment, 15A NCAC 2L standards, or above detection limits where there is no final or interim standard for groundwater, and 2B standards for surface water). When necessary, evaluate the potential for volatile constituents from contaminated soil or groundwater to enter current or anticipated future structures. Assess the risks posed by residual contamination to be able to evaluate remedial options and to plan where and what type of land use controls will be needed.

Complete an evaluation and associated sampling to determine if contaminants in any environmental media exceed remediation standards or criteria established to prevent migration from one medium to another. Discharge/leaching from one medium to another may include soil to groundwater, sediment to surface water, groundwater to surface water, surface water to groundwater, groundwater to indoor air, soil to indoor air, or buried wastes to any medium. Conduct any testing, evaluation and modeling to demonstrate with reasonable assurance the extent contamination has migrated or may migrate in the future. Provide the lines of evidence commensurate with the complexity of the site to demonstrate plume stability. Maps along with spatial and temporal trend plots depicting plume behavior are preferred over predictive computer modeling.

Identify sensitive environments and receptors and conduct any ecological risk assessment required for receptors identified. Prepare a site assessment report that discusses all the items listed in G.S. 130A-310.69(a), addresses items listed above and includes any additional requirements unique to the remediation program, such as those required by permits. The site assessment report must present a well-understood conceptual site model that demonstrates that the extent of contamination in all media is known and its potential for migration can reasonably be predicted.

Step 3: Obtain Consent

For proposed remedies that will leave contaminant concentrations in excess of unrestricted use levels, the remediating party must obtain written consent for site-specific remediation standards from the owner of each property that is or may become contaminated by the site’s source areas. Permission is best obtained prior to expending funds on the development of a remedial action plan.

The owners of “off-site property” must be provided a copy of N.C.G.S. 130A, Article 9, Part 8 “Risk-based Environmental Remediation of Sites” and NC DEQ’s publication entitled “Contaminated Property: Issues and Liability.” Owners who agree to risk-based remediation on their property will be expected to sign the consent form affirming that they have read the publication and consent to the alternate remediation standards. Note that off-site property also includes any affected publicly owned property, including rights-of-way for public streets, roads and sidewalks. It should also be noted that G.S. 130A-310.73A(a)(2) states that “the site-specific remediation standards shall not allow concentrations of contaminants on the off-site property to increase above the levels present on the date the written consent is obtained.” To satisfy this requirement it is expected that remediating parties will use lines of evidence to demonstrate with reasonable assurance that contamination will not extend onto additional properties beyond those already contaminated, or extend beyond properties not yet impacted, but where permission for appropriate land-use controls has been granted.

When the risk-based remedial action plan for the site is finalized, the content of the land use restrictions document and companion survey plat must be approved and signed by the property owner prior to recordation in the chain of title. Prior to the recordation of any land use control instruments in the chain of title, an owner has the opportunity to review and negotiate the content of those instruments. If a property owner withdraws their approval, the remediating party must immediately notify the relevant remediation program within NC DEQ.

Step 4: Prepare Notice of Intent to Remediate

The remediating party shall prepare a draft Notice of Intent to Remediate (NOIR) and compile a mailing list for the NOIR. The list shall at a minimum include all owners of contaminated property, all owners of property to which the contamination is expected to migrate, all owners of land adjoining contaminated parcels, jurisdictional local government contacts, and any additional parties who have expressed interest in the environmental activities at the site. Note that the NOIR public notice under G.S. 130A-310.70 is not a substitute for other public notice requirements related to voluntary remediation agreements, permits, the remedial action plan or other regulatory program public notice which must also be issued.

Step 5: Calculate Fees

Fees, payable to the Risk-Based Remediation Fund, are established to cover the additional oversight expenses that NC DEQ incurs from review of risk-based remedy components, including site-specific human-health and ecological risk assessments, groundwater modeling, financial assurance instruments, public notice and land use restriction documents. Use the instructions and worksheet to determine the two site-specific fees. The Application Fee is due upon submittal of the proposed remedial action plan to NC DEQ and the Oversight Fee is due following NC DEQ approval of the plan. The remediating party may elect to make one payment of both fees at the time the draft remedial action plan is submitted.

Step 6: Provide Documents to DEQ

If the remediating party has not already done so, they must now provide copies of all site assessment reports and ecological assessment reports for the state file. The documents produced in the previous steps can be sent to the appropriate remediation program contact. (Note that for sites receiving approval through the Registered Environmental Consultant Program, this submittal must be appropriately certified):

• Owner permission form(s)

• Draft Notice of Intent to Remediate

• Mailing list

• Fee estimate worksheet (actual payment will accompany the remedial action plan)

• A site map showing extent of contamination, sample data points, and owners and usage of affected and adjacent properties

Remediating parties should seek concurrence on the NOIR and the associated mailing list from the regulatory oversight program to help ensure proper issuance of the NOIR, and to help ensure that NC DEQ is prepared for questions and comments from the public. The remediating party shall provide NC DEQ with (i) certification that the NOIR was issued to the required parties, and (ii) copies of any comments received

Step 7: Submit Draft Remedial Action Plan and Fee to NC DEQ

The remediating party shall develop and submit a proposed remedial action plan to the relevant remediation program in NC DEQ. The development of a remedial action plan may require supplemental submissions and revisions based on NC DEQ’s review, remedial action pilot studies, and public comment from local government and citizens. The fee(s) should be made out to the appropriate NC DEQ Division with “Risk-Based Remediation Fund” printed in the memo line. The check should be mailed with attention to the appropriate remediation program contact.

The remedial action plan under this part must include a proposal of site-specific remediation standards developed for each medium in accordance with the requirements of G.S. 130A-310.68. In many cases, site-specific remediation standards may be determined by using available EPA or NC DEQ approved risk calculators, while for more complex sites, a more thorough risk evaluation may be appropriate to establish site-specific remediation standards. The remedial action plan shall provide for the protection of public health, safety and welfare, and the environment as specified in G.S. 130A-310.69(b) and shall provide the analyses required in G.S. 130A-310.69(c). Technical guidance on conducting site investigations, risk assessments, and preparing plans for site-specific, risk-based remediation are under development and will be posted to the NC DEQ website when they are final.

Step 8: Conduct Program Required Public Notice of the Remedial Action Plan

All the public notice requirements under the respective remediation program must be met. The mailing list for the remedial action plan should at a minimum include owners of affected and adjoining parcels, and any additional parties who have expressed interest in the environmental activities at the site as required by the respective remediation program’s requirements.

Step 9: Final report

When the remedial action plan has been fully implemented and the legal documents are recorded at the local register of deeds office, the person conducting the remediation shall submit a final report to NC DEQ, with notice to all local governments with taxing and land-use jurisdiction over the site, that demonstrates that the remedial action plan has been fully implemented, that any land-use restrictions have thus far been certified on an annual basis, and that, assuming continued compliance with relevant requirements, the remediation standards have been attained.