7 Del. Admin. Code § 1375-13.0

Current through Reigster Vol. 28, No. 6, December 1, 2024

Section 1375-13.0 - Remedy Completion and Site Closure

13.1 Remedy Completion

13.1.1 In order to obtain a Certification of Completion of Remedy (COCR) pursuant to 7 Del.C. § 9108, a person seeking a COCR shall submit to the Department a signed request for the COCR. The request for certification must be accompanied by the following documentation supporting the request:

13.1.1.1 Proof that any Environmental Covenant, if required by the Final Plan of Remedial Action, has been filed with the Recorder of Deeds in the county in which the facility is located;

13.1.1.2 Proof of payment of all Department costs as defined in a settlement agreement;

13.1.1.3 The Department's written approval of a long-term stewardship plan, if required by the Final Plan of Remedial Action; and

13.1.1.4 The Remedial Action Completion Report, if required, indicating that all requirements specified within the Final Plan of Remedial Action have been fulfilled.

13.1.2 A COCR may be amended when a change in site conditions warrants a change in any restrictions imposed by the COCR.

13.1.3 A person will be ineligible to receive a COCR from the Department until a remedial action in accordance with the Act is approved by the Department and has been completed at the facility.

13.2 Facility Closure

13.2.1 All facilities or Certified Brownfield addressed under 7 Del.C. Ch. 91 will be eligible for facility closure. A facility or Certified Brownfield is eligible for closure when the Department determines that all requirements of the Final Plan of Remedial Action have been completed and no restrictions remain on the facility or Certified Brownfield. The Department may require additional remedial activities at the facility or Certified Brownfield after it has achieved closure if circumstances change or if any new information becomes available which shows that the completed remedial action is no longer protective of public health or welfare or the environment.

13.2.2 Facility or Certified Brownfield closure is achieved through the issuance of a facility closure determination by the Department under the following conditions:

13.2.2.1 The Final Plan of Remedial Action requires no remedial activities at the facility or Certified Brownfield;

13.2.2.2 A Certification of Completion of Remedy is issued or amended by the Department and the Department determines that the remedial action, as described in the Final Plan of Remedial Action, is completed and no restrictions remain on the facility or Certified Brownfield; or

13.2.2.3 Based on the information obtained about a facility or Certified Brownfield during an initial investigation or facility evaluation, the Department determined that no action is necessary.

13.3 Archiving Facilities

13.3.1 At its discretion, the Department will remove sites from the current inventory of hazardous substance release facilities to the archive of closed facilities.

7 Del. Admin. Code § 1375-13.0

19 DE Reg. 65 (7/1/2015)
22 DE Reg. 781 (3/1/2019) (Final)