Ala. Admin. Code r. 335-16-6-.01

Current through Register Vol. 43, No. 1, October 31, 2024

Section 335-16-6-.01 - Property Assessment

(1) Content of the Property Assessment Plan. A property assessment plan submitted by any eligible entity shall describe in sufficient detail those actions planned for the development of information necessary to perform a risk assessment or for the identification of applicable remediation requirements for the site by utilizing criteria found in appropriate risk-based corrective action guidance. If necessary, the assessment plan shall provide for the implementation of applicable response actions and/or land use controls. The plan should describe the methods to be used to determine the type and the amount of contamination and include the delineation of soil and groundwater contamination discovered or known to exist on-site.

(2) Approval and Implementation of the Property Assessment Plan. Upon the Department's approval of the property assessment plan, the eligible entity shall implement the plan in accordance with the approved schedule.

(3) Modification of the Property Assessment. If at any time the eligible entity or the Department determines that any element of an approved assessment plan must be modified in order to develop the information necessary to perform a risk assessment or identify applicable remediation requirements for the qualifying property, the eligible entity shall modify the approved plan and obtain approval of the proposed modification.

(4) Termination of Activities. If at any time the eligible entity determines that any element of an approved property assessment plan must be modified in order to terminate activities at the property for any reason, the eligible entity shall notify the Department and obtain approval of the proposed modification.

(5) Assessment Report. Within 30 days of completion of those activities specified in the approved assessment plan, an eligible entity shall submit to the Department a report of the findings from the assessment, which may include a recommendation for applying remediation requirements to the property. If applicable, concurrence by the Department with the report will move site to remediation phase.

Author: Lawrence A. Norris

Ala. Admin. Code r. 335-16-6-.01

New Rule: Filed June 20, 2003; effective July 25, 2003.

Statutory Authority:Code of Ala. 1975, § 22-30D-4.