The Division may authorize the performance of preliminary source removal at a site that does not present an imminent hazard as set forth in 15A NCAC 02S .0502 prior to approval of a remedial action plan if the Division determines that:

(1)           The removal would eliminate or significantly reduce a continuing source of contamination at the site, thereby reducing the risk to public health and the environment;

(2)           Current conditions at the site allow the removal to be conducted in a manner that will result in cost savings to the Fund; and

(3)           There is sufficient money in the Fund to pay for the removal and funding is appropriate based on the relative priority of the site.


History Note:        Authority G.S. 143-215.104D(b)(3); 150B-21.2;

Eff. September 1, 2007;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. April 25, 2015.