(a)  The Division shall issue a "No Further Action" letter if each of the following criteria is met:

(1)           Risk-based screening levels or site-specific target levels for each chemical of concern have been achieved, and, if applicable, plant and animal receptors and their habitats have been protected.

(2)           The stability of the plume has been verified by a monitoring period of at least one year after achievement of the goals set forth in the remedial action plan; and 

(3)           All required land-use restrictions and notices have been recorded.

(b)  The Division shall not issue a "No Further Action" letter if the Division has determined that it is technically impracticable to remediate the site to risk-based screening levels or site-specific target levels. 

(c)  If site conditions change or additional information becomes available to the Division to indicate that the "No Further Action" letter no longer applies, the site poses an unacceptable risk to human health, safety or the environment, or the land-use restrictions imposed in accordance with G.S. 143-215.104M are violated, the Division may rescind the "No Further Action" letter and require further remedial action at the site.


History Note:        Authority G.S. 143-215.104D; 150B-21.2;

Eff. September 1, 2007.