North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter T - WASTE NOT DISCHARGED TO SURFACE WATERS › Section .1500 - SOIL REMEDIATION › Section 02T .1507 - CLOSURE REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A permit shall
				  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				  for closure and rescinded the permit.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 shall notify the permitting
				  agency 30 days prior to the initiation of closure activities. This Rule does
				  not apply to facilities that are deemed permitted pursuant to Rule .1503 of
				  this Section.
(b) A facility may be
				  considered for closure if all of the following conditions have been satisfied:
(1) All outstanding enforcement actions
				  levied by the permitting agency have been resolved.
(2) Requirements for all other on-site
				  permitted activities have been met.
(3) For all land application sites, the
				  applicant shall provide to the permitting agency:
(A) a demonstration that no contaminant
				  constituents in the groundwater exceed groundwater standards for dedicated and
				  conventional rate land application sites;
(B) a demonstration that all contaminated
				  soil has been remediated to below either the soil-to-groundwater contaminant
				  concentrations or the residential maximum soil contaminant concentrations
				  established by the Department pursuant to
				  15A NCAC
				  02L .0411, whichever is lower. The
				  demonstration shall be based upon representative samples from the permitted
				  site; and
(C) if a groundwater
				  drainage system or surface waters are present on the site or within the
				  compliance boundary, a demonstration that surface water does not contain
				  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) The applicant shall demonstrate to the
				  permitting agency that all treated soil has been remediated to below either the
				  soil-to-groundwater contaminant concentrations or the residential maximum soil
				  contaminant concentrations established by the Department pursuant to
				  15A NCAC
				  02L .0411, whichever is lower, 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 either the
				  soil-to-groundwater contaminant concentrations or the residential maximum soil
				  contaminant concentrations established by the Department pursuant to
				  15A NCAC
				  02L .0411, whichever is lower, shall be
				  disposed of at another permitted facility and the permitting agency shall be
				  notified prior to transport.
(C)
				  The applicant shall demonstrate 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 either the
				  soil-to-groundwater contaminant concentrations or the residential maximum soil
				  contaminant concentrations established by the Department pursuant to
				  15A NCAC
				  02L .0411, whichever is lower, 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.