15A NCAC 13C .0307       DEPARTMENTAL AUDITS AND INSPECTIONS

(a)  The Department may conduct random or targeted audits of any REC, remediating party, response action or site which is subject to this Section.

(b)  During Departmental audits of voluntary remedial actions, the Department may:

(1)           request that the person who has performed the response action provide a written explanation, or other supporting evidence, to demonstrate compliance with this Section and other applicable requirements;

(2)           request that the person who has performed the response action or who is the subject of the audit appear at one of the Department's offices for an interview to provide an oral explanation, or other evidence, to demonstrate compliance with this Section and other applicable requirements (any person requested to appear for an interview may be accompanied by an attorney or other representative);

(3)           visit a site or other location to determine whether an REC, remediating party, response action or site is in compliance with this Section and other applicable requirements;

(4)           investigate, take samples at a site and inspect records, conditions, equipment or practices material to the response action, or property related to the site; or

(5)           take any other action the Department deems necessary to determine whether response actions have been performed in compliance with this Section and other applicable requirements.

(c)  Remediating parties shall provide financial assurance, by paying an annual administration cost, to participate in the voluntary remedial action program under this Section.  This payment shall be set by the Department based on the expected cost of auditing voluntary remedial actions and shall be used to offset that cost.  Remediating parties providing such monies shall pay any shortfall, or be reimbursed any remainder not expended by the Department, annually.

(d)  Based on audit findings, the Department may terminate a site's eligibility for the voluntary remedial action program, disqualify an RSM or REC from work on a site or from the program, and take any other applicable enforcement action.

 

History Note:        Authority G.S. 130A-310.9(b); 130A-310.12(b);

Eff. April 1, 1997.