N.M. Admin. Code § 20.6.3.500

Current through Register Vol. 35, No. 23, December 10, 2024

Section 20.6.3.500 - CERTIFICATE OF COMPLETION

A. Applicability:

(1) If the participant files with the department a signed Affidavit of Completion of Voluntary Remediation, and the secretary determines that a participant has successfully complied with the voluntary remediation agreement and the site conditions meet the applicable standards, the secretary shall issue the participant a certificate of completion.

(2) For voluntary remediation activities completed on a portion of a site, the certificate of completion shall pertain only to that specific portion of the site, and shall include a legal description of that area.

(3) If the remediation requires post-completion monitoring, maintenance of engineering controls, remediation systems, post-closure care, or an affirmation of future non-residential land use, and the participant is satisfactorily implementing these requirements, the secretary may issue a conditional certificate of completion. To keep a conditional certificate of completion valid, the participant must satisfactorily continue to implement and maintain the necessary monitoring, engineering controls, remediation systems, post-closure care, and affirmation of future non-residential land use upon which the final remedy is dependent.

B. Process:

(1) The participant shall demonstrate to the secretary that site conditions meet the applicable standards by submitting a voluntary remediation completion report to the department. The report shall include, as appropriate:

(a) a summary of remediation activities conducted at the site;

(b) sampling methods and results of verification sampling or monitoring that indicates that remediation is complete;

(c) the method used to evaluate potential risks posed by site-related contaminants that successfully demonstrates that the performance standard has been met, as described in Subpart I, Section 110 of this Part [20.6.3.10 NMAC];

(d) a description of all monitoring, affirmation of future non-residential land use, or engineering controls upon which the final remedy is dependent;

(e) copies of all manifests, waste disposal records, or other documentation documenting the final disposition of all remediation-derived waste; and

(f) any other pertinent information requested by the department that is reasonably necessary to meet the requirements of these regulations.

(2) The report shall be submitted to the department with a signed Affidavit of Completion of Voluntary Remediation from the participant and legal description of the affected property that indicates that remediation is complete, in accordance with the voluntary remediation agreement and applicable regulations and guidance.

(3) No certificate of completion shall be issued to a participant who has not paid invoiced oversight costs in full to the department.

(4) The department shall review and determine the sufficiency of a completion report within forty-five (45) days of receipt. If the secretary approves the completion report, the secretary will issue a certificate of completion or a conditional certificate of completion, as appropriate. If the secretary does not approve the completion report, the secretary shall either issue a finding that the participant is not in compliance with the voluntary remediation agreement and terminate the agreement, or advise the participant in writing of data gaps in the report. The participant shall correct any identified data gaps and resubmit the completion report within thirty (30) calendar days of receipt of notice of the data gaps.

(5) If a conditional certificate of completion has been issued, the department shall conduct audits to ensure that all engineering controls, remediation systems, post-closure care, or affirmation of future non-residential land use upon which the final remedy is dependent are being maintained appropriately. These audits shall be performed at least every other year for the first ten (10) years following the issuance of the conditional certificate of completion, and every five (5) years thereafter. If during the course of such an audit, the department finds that any of the monitoring requirements, engineering controls, remediation systems, post-closure care, or affirmation of future non-residential land use are not being properly maintained such that the performance standard described in Subpart I, Section 110 of this Part [20.6.3.10 NMAC] is no longer being met, the department may revoke the conditional certificate of completion and initiate an enforcement action.

N.M. Admin. Code § 20.6.3.500

7/15/99; 20.6.3.500 NMAC - Rn, 20 NMAC 6.3.V.500 to 502, Recompiled 11/27/01