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 .0302 - GENERAL PROVISIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The rules in
				  this Section shall govern the selection and use of private environmental
				  consulting and engineering firms to implement and oversee voluntary remedial
				  actions by remediating parties pursuant to
				  G.S.
				  130A-310.9(c).
(b) All remedial actions conducted pursuant
				  to the rules of this Section shall comply with applicable federal, State, or
				  local laws.
(c) A person who
				  violates a provision of this Section or any other requirement in connection
				  with the voluntary remedial action program, including making a false statement,
				  representation, or certification or knowingly rendering inaccurate a recording
				  or monitoring device or method, shall be subject to enforcement, including
				  disqualification as an REC or RSM.
(d) A party wishing to conduct a
				  Department-approved voluntary remedial action pursuant to this Section shall
				  enter into a written agreement with the Department pursuant to
				  G.S.
				  130A-310.9(c).
(e) For the purpose of administration and
				  enforcement of the voluntary remedial action program and for protection of
				  human health or the environment, employees, agents, and contractors of the
				  Department may enter any site, or other location undergoing a voluntary
				  remedial action pursuant to this Section, during either the working hours of
				  any business on the property or during daylight hours and upon notice, to
				  investigate, sample, or inspect any documents, conditions, equipment, practice,
				  or property. In the event that the Department determines as a result of an
				  investigation, sampling, or inspection that there has been a release or that
				  there exists a threat of release of a hazardous substance, the Department may
				  enter a site or location and perform or arrange for the performance of response
				  actions.
(f) Remedial Actions
				  conducted pursuant to this Section shall be overseen by an REC. All work
				  performed by an REC shall be under the supervision and direction of an RSM
				  representing the REC.
(g) The
				  Department shall have complete discretion to effect cleanup itself, or oversee
				  a remediating party's cleanup if:
(1) the
				  Department determines that the site poses an imminent hazard;
(2) in the Department's determination, the
				  number and frequency of public concerns about actions at the site have risen to
				  a level that direct oversight by the Department would not increase the demand
				  on its resources beyond that already being expended;
(3) the Department has initiated an
				  enforcement action;
(4) it appears
				  to the Department that the voluntary remedial action is not being implemented
				  or overseen in accordance with
				  G.S.
				  130A-310.9(c);
(5) hazardous substances have migrated to
				  adjoining property; or
(6) other
				  conditions, such as the presence of sensitive environments, sensitive
				  populations or property uses, or radioactive wastes.