15A NCAC 02L .0416       Eligibility of sites to continue remediation under rules existing before the effective date of 15A NCAC 02L .0115

If the risk posed by the discharge or release has been classified by the Department as Class AB under S.L. 1995-648, s. 1 (Reg. Sess., 1996), the discharge or release is classified as high risk under this Section unless and until the Department reclassifies the risk posed by the discharge or release. If the risk posed by the discharge or  release has been classified by the Department as Class CDE under S.L. 1995-648, s. 1 (Reg. Sess., 1996), the discharge or release is classified as low risk under this Section unless and until the Department reclassifies the risk posed by the discharge or release.  The responsible party shall notify the Department of any factors that might affect the level of risk assigned to Class AB or Class CDE discharges or releases by the Department.  Responsible parties for Class AB discharges or releases for which a site assessment pursuant to Rule .0106 (c) and (g) of this Subchapter has been submitted to the Department before the effective date of this Section, shall continue to comply with notices previously received from the Department unless and until the Department determines that application of all or part of this Section is necessary to protect human health or the environment or may result in a more cost effective assessment and cleanup of the discharge or release.  If a site assessment pursuant to Rule .0106 (c) and (g) of this Subchapter has not been submitted to the Department for a Class AB or Class CDE discharge or release before the effective date of this Section, the responsible party shall comply with 15A NCAC 02L .0404 of this Section unless the Department has issued a closure notice for the discharge or release.  For discharges or releases classified as low risk under this Paragraph and for which a site assessment pursuant to Rule .0106 (c) and (g) of this Subchapter has been submitted to the Department prior to the effective date of this Section, the Department may issue a notification under 15A NCAC 02L .0407(d) of this Section if the responsible party demonstrates that soil contamination does not exceed contamination cleanup levels established (March 1997) in 15A NCAC 02L .0417 of this Section.

 

History Note:        Authority G.S. 143-215.2; 143-215.3(a)(1); 143-215.94A; 143-215.94E; 143-215.94T; 143-215.94V; 143B-282; 1995 (Reg. Sess. 1996) c. 648,s. 1;

Recodified from 15A NCAC 02L .0115(r);

Amended Eff. December 1, 2005.