North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 13 - SOLID WASTE MANAGEMENT › Subchapter C - INACTIVE HAZARDOUS SUBSTANCE OR WASTE DISPOSAL SITES › Section .0300 - VOLUNTARY REMEDIAL ACTION OVERSIGHT BY REGISTERED ENVIRONMENTAL CONSULTANTS › Section 13C .0306 - TECHNICAL STANDARDS FOR REGISTERED ENVIRONMENTAL CONSULTANTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The REC shall ensure that the documents,
				  plans, and time taken to complete work comply with the remediating party's
				  agreement with the Department, the Inactive Hazardous Sites Response Act, and
				  the rules of this Section.
(b) All
				  work phase completion statements, schedules, plans, and reports require REC
				  certification. An REC's certification shall comply with the following:
(1) REC certification of any document shall
				  include the following statement, signed by the RSM and notarized:
"I certify that I am personally familiar with the
					 information contained in this submittal, including any and all supporting
					 documents accompanying this certification, and that the material and
					 information contained herein is, to the best of my knowledge and belief, true,
					 accurate, and complete and complies with the Inactive Hazardous Sites Response
					 Act G.S. 130A-310, et seq. and the
					 voluntary remedial action program Rules
					 15A NCAC
					 13C .0300. I am aware that there are
					 significant penalties for willfully submitting false, inaccurate, or incomplete
					 information."
(2) Prior to
				  REC certification, documents shall contain the following notarized declaration
				  signed and dated by, and including the title of, the highest ranking official
				  of the remediating party having day-to-day responsibility for the performance
				  of the response action which is the subject of the submittal:
"I certify that I have personally examined and am familiar
					 with the information contained in this submittal, including any and all
					 documents accompanying this certification, and that, based on my inquiry of
					 those individuals immediately responsible for obtaining the information, the
					 material and information contained herein is, to the best of my knowledge and
					 belief, true, accurate and complete. I am aware that there are significant
					 penalties for willfully submitting false, inaccurate, or incomplete
					 information."
(3) Any work
				  which would constitute the "practice of engineering" as defined by G.S. 89C
				  shall be performed under the responsible charge of, and signed and sealed by, a
				  professional engineer registered in the state of North Carolina. Any work which
				  would constitute the "public practice of geology" as defined by G.S. 89E shall
				  be performed under the responsible charge of, and signed and sealed by, a
				  geologist licensed in the state of North Carolina.
(4) RSM certification and submittal to the
				  Department of the following documents shall occur prior to implementation:
(A) remedial investigation work plans
				  prepared in accordance with Paragraph (h) of this Rule;
(B) plans for additional site
				  characterization, pilot studies, or treatability studies to be conducted in
				  relation to the site that are prepared in compliance with Paragraph (j) of this
				  Rule;
(C) remedial action plans
				  prepared in accordance with Paragraph (n), (o) or (p) of this Rule;
				  and
(D) modifications of work
				  schedules.
(5) The RSM
				  shall prepare certified completion statements for the following work phases and
				  provide them to the Department in accordance withRule .0302(i) of this Section:
(A) completion of the remedial
				  investigation;
(B) REC approval of
				  the proposed remedial action plan following notice of the proposed remedial
				  action plan, the close of the 30-day public comment period, submission of the
				  comments and the REC's responses to the public comments received during the
				  public comment period, and the Department's written acknowledgement that
				  comments have been addressed;
(C)
				  initiation of all groundwater remedial actions as demonstrated by the first
				  field event associated with implementation of the groundwater remedy;
(D) completion of all non-groundwater
				  contamination remedial actions as demonstrated by a confirmatory sampling event
				  and REC certification of a written report pursuant to Paragraph (r) of this
				  Rule summarizing the data; and
(E)
				  completion of all remedial action activities.
(6) RSM certification pursuant to
				  Subparagraph (b)(5) of this Rule shall include the following statement signed
				  by the RSM and notarized:
"The [insert work phase] which is the subject of this
					 certification has, to the best of my knowledge, been completed in compliance
					 with the Inactive Hazardous Sites Response Act
					 G.S.
					 130A-310, et seq. and the voluntary remedial
					 action program Rules
					 15A NCAC
					 13C .0300, and [insert name of the REC] is in
					 compliance with Rules .0305(b)(2) and .0305(b)(3) of this Section. I am aware
					 that there are significant penalties for willfully submitting false,
					 inaccurate, or incomplete information."
Certification of the completion of all remedial action
					 activities shall also include the following statement:
"The approved and certified site remedial action plan has
					 been implemented, and to the best of my knowledge and belief, cleanup levels
					 determined pursuant to Rule .0308 of this Section have been achieved, and no
					 significant or otherwise unacceptable risk or harm to human health or the
					 environment remains at the site."