Section 147-F:11 Site Investigation and Remedial Action Plan.
I. Any person who is deemed eligible by the department for a covenant not to sue pursuant to RSA 147-F:4, and any other person who wishes to voluntarily undertake the investigation or remediation of a property and who obtains the concurrence of the department to do so, shall submit a work plan for a comprehensive site investigation to the department. The site investigation work plan shall be in the form and shall contain all information required by the department in accordance with rules adopted pursuant to RSA 147-F:18. The purpose of the site investigation is to gather sufficient information about the property and contamination to identify and justify a preliminary recommendation for remediation. The participant shall submit any additional information required by the department during its evaluation of the work plan, or the participant may withdraw from the program as provided in this chapter.
II. An initial program participation fee shall accompany the site investigation work plan in accordance with RSA 147-F:14, II. Upon submittal of a site investigation work plan and payment of the initial program participation fee, a person shall be considered a program participant.
III. In addition to the application and program participation fees, the program participant shall be responsible for all reasonable notice and hearing costs associated with property redevelopment under this chapter. The program participant shall reimburse the department for such costs upon written request.
IV. The department shall evaluate the site investigation work plan and shall either approve, approve with conditions or disapprove the work plan. If the department approves with conditions or disapproves, the program participant shall resubmit a revised work plan, or the participant may withdraw from the program as provided in this chapter.
V. Upon completion of the site investigation, the program participant shall submit a site investigation report, or the participant may withdraw from the program as provided in this chapter. The site investigation report shall be in the form and shall contain all information required by the department in accordance with rules adopted pursuant to RSA 147-F:18. The site investigation report shall at a minimum:
(a) Define the source, nature, concentration and extent, including geologic and hydrologic extent, of each contaminant present on or in the property.
(b) Define all known and possible pathways for contaminant migration.
(c) Identify all relevant sensitive receptors.
(d) Evaluate the current and long-term risk from contamination to human health and the environment.
(e) Provide a preliminary recommendation, with justification and consideration of alternative approaches where appropriate, for abatement, removal, remediation and monitoring activities at the property.
(f) Recommend a risk assessment to be conducted in a manner satisfactory to the department of health and human services and the department of environmental services if the proposed remedial approach does not require complete source removal.
VI. The department may approve the site investigation report, or may require revisions to the report, additional investigation under an amended work plan, or both, before approving the report. The participant shall conduct such additional site investigation work and make such revisions as are required by the department after the department's review of the report, or the participant may withdraw from the program as provided in this chapter.
VII. After approval of the site investigation report by the department, the program participant shall prepare a remedial action plan, unless the department determines that no further activity is required at the property. If the participant decides not to submit a remedial action plan in response to a department request for such a plan, the participant may withdraw from the program as provided in this chapter. A remedial action plan shall describe in detail a remedial strategy for the property that shall ensure protection of human health and the environment and shall:
(a) Address all elements required by department rules adopted pursuant to RSA 147-F:18.
(b) Address all sources of contamination, either by removal, containment or treatment.
(c) Ensure protection of the groundwater off-site, providing for off-site remediation, or at a minimum, a plan for continued monitoring of the groundwater while contamination remains.
(d) Describe the cleanup approach for each known contaminant during the active phase of remediation and at completion of the remedy by which performance standards will be met.
(e) Include a risk assessment, which is satisfactory to the department of health and human services and an environmental risk assessment satisfactory to the department of environmental services, that define the risk to human health and the environment where contaminant concentrations are to remain higher than established performance standards.
(f) Recommend use restrictions on the proposed and future uses of the property where necessary to protect human health and the environment and describe in detail how such restrictions will be imposed and maintained, including an analysis of the long-term feasibility of maintaining such use restrictions.
(g) Describe anticipated site stabilization measures for each phase of the remedial action, including cost estimates for achieving site stabilization if remedial work were to be stopped at the property before accomplishing all of the tasks specified in the approved remedial action plan.
VIII. After evaluation and consideration of public comments, if any, the department shall approve, approve with conditions or disapprove the remedial action plan. If the department approves with conditions or disapproves, the program participant shall submit a revised remedial action plan, or the participant may withdraw from the program as provided in this chapter.
IX. A program participant may elect to condense the submittal and review process described in this section after receiving a determination of eligibility or department approval to participate in the program. A program participant shall obtain the approval of the department for an alternative schedule of submissions. The department may require after-the-fact development of work plans, additional investigation, report supplementation, or resubmittal as necessary to obtain an approvable remedial action plan.
Source. 1996, 241:2, eff. July 1, 1996.