(a)  A permit must be held and renewed if necessary until such time that the soil remediation facility has satisfied all conditions for closure and the permitting agency has notified the permit holder that the facility has satisfied conditions necessary for closure and rescinded the permit.  The permittee must notify the permitting agency 30 days prior to the initiation of closure activities. This Rule does not apply to deemed permitted facilities as described in Rule .1503 of this Section.

(b)  A facility may be considered for closure once all of the following conditions have been satisfied:

(1)           Any and all outstanding enforcement actions levied by the permitting agency have been resolved.

(2)           Requirements for all other related on-site permitted activities have been met.

(3)           For all land application sites the applicant shall provide to the permitting agency:

(A)          Demonstration that no contaminant constituents in the groundwater exceed groundwater standards for dedicated and conventional rate land application sites.

(B)          Demonstration that all remaining contaminated soil has been remediated to below detection levels.  The demonstration shall be based upon representative samples from the permitted site.

(C)          If a groundwater drainage system or surface waters are present on the site or within the compliance boundary, a demonstration that surface water has not been impacted by contaminants at concentrations in excess of those established in Subchapter 15A NCAC 02B.

(4)           For facilities utilizing containment and treatment or portable self-contained treatment systems.

(A)          Demonstration by the applicant to the permitting agency that all treated soil has been remediated to below detection levels based upon analysis of representative soil samples or is disposed of under Subparagraph (b)(4)(B) of this Rule. 

(B)          All remaining soil that contains contaminants at levels that exceed the method detection levels must be disposed of at another permitted facility and the permitting agency must be notified prior to transport.

(C)          Demonstration by the applicant to the permitting agency that the facility has been decontaminated based upon analysis of samples.

(5)           For storage facilities, a demonstration that the storage facility has been decontaminated to below detection levels shall be submitted by the permittee to the Division.  The demonstration shall be based upon analysis of pollutants identified in the contaminated soil as provided in Rule .1504(a)(1) of this Section. 

(c)  A facility that satisfies the conditions for closure may petition the permitting agency for closure status approval and shall provide the following information:

(1)           identification of the original permit authorizing the construction and operation of the soil remediation facility;

(2)           the reason(s) for closure of facility;

(3)           the name and title of the contact;

(4)           sample analyses (tabulated and graphed) for the last four groundwater sampling events prior to facility shutdown showing the concentrations of the parameters of concern and if groundwater monitoring is required at a land application site, groundwater analytical results for sample collection to satisfy Rule .1507(b)(3)(A);

(5)           laboratory analytical results for soil samples collected from the treated soil, which have been analyzed by methods approved in accordance with Rule .1504(a)(1) of this Section;

(6)           if a groundwater drainage network (ditches) or surface waters are present on the site or within the compliance boundary, analytical results for surface water samples collected upstream of the facility, within the facility if applicable, and at a downstream location at the edge of the property to document that surface waters have not been impacted;

(7)           decontamination procedures for any treatment or containment structure;

(8)           a sedimentation and erosion control plan, prepared in accordance with the Division of Energy, Mineral, and Land Resources requirements pursuant to Subchapter 15A NCAC 04B, if a plan to restore the site to pre-soil treatment conditions is proposed that will disturb an area of land equal to or greater than one acre;

(9)           a map of the facility, which shows the size, orientation, and location of the facility relative to existing monitor wells, roads, structures, and other site features; and

(10)         certification that the closure has been accomplished and that the information submitted is complete, factual and accurate.

(d)  Once the permitting agency has determined that all conditions required for site closure have been satisfied, the permitting agency shall issue a notice stating that the permit for the facility has been rescinded and "closure status" has been granted.


History Note:        Authority G.S. 143-215.1; 143-215.3(a);

Eff. September 1, 2006;

Amended Eff. August 1, 2012 (see S.L. 2012-143, s.1.(f)).