Current through Register Vol. XLI, No. 50, December 13, 2024
Section 60-3-10 - Work Plan10.1. Submittal of Work Plans. - The applicant or the applicant's licensed remediation specialist or contractor shall submit to the Secretary electronic copies of the appropriate work plans and reports as required by the parties' Voluntary Remediation Agreement.10.2. Action on Work Plans. 10.2.a. The Secretary may, based upon accuracy, quality, and completeness, either approve or disapprove a work plan or report submitted by the applicant or the applicant's licensed remediation specialist or contractor.10.2.b. The Secretary shall notify the applicant in writing within five days of his or her disapproval of the proposed work plan. The written notice shall contain the specific reasons that the Secretary disapproved the work plan or report and a description of the additional information the Secretary needs in order to approve the work plan or report.10.2.c. If the Secretary disapproves a work plan or report as submitted, the applicant must resubmit the work plan or report or terminate the agreement pursuant to W. Va. Code § 22-22-9. 10.3. Timing of Submittal and Review. 10.3.a. The Secretary shall either approve or disapprove all work plans and reports in writing within 30 days of receipt (or within a shorter period if specified in the parties' Voluntary Remediation Agreement) and send the approval or disapproval to the applicant within that 30-day period. The parties may mutually agree to an extension of time for the Secretary to approve or disapprove the work plans or reports, in which case, the parties shall confirm the extension in writing. 10.3.b. If the applicant resubmits work plans or reports, the Secretary shall approve or disapprove the resubmitted work plans or reports in writing within 30 days of receipt (or within a shorter period if specified in the parties' Voluntary Remediation Agreement), and send the approval or disapproval to the applicant within that 30-day period. Any action taken on resubmitted work plans or reports must be confirmed in writing and received by the applicant within the 30-day period for acting on a resubmitted application, or within such shorter time specified in the parties' Voluntary Remediation Agreement. The parties may mutually agree to an extension of time for the Secretary to approve or disapprove resubmitted work plans or reports, in which case, the parties shall confirm the extension in writing.10.3.c. If the Secretary does not approve or disapprove work plans or reports within 30 days of receipt or within a shorter time as specified in the parties' Voluntary Remediation Agreement, or if the Secretary does not approve or disapprove resubmitted work plans or reports within 30 days of receipt or within a shorter time as specified in the parties' Voluntary Remediation Agreement, then the work plans or reports will be deemed approved, unless the Secretary determines that the work plans or reports are materially inaccurate.10.4. Notice. - Any notice required to be given under the provisions of this section shall be in writing and sent electronically with proof of receipt required, or as specified in the parties' Voluntary Remediation Agreement. Notice is complete upon receipt.10.5. Completeness and Quality of Work Plans. - In reviewing work plans for quality and completeness, the Secretary may require the work plans to include all of the following: 10.5.a. Documentation of the investigation conducted by the applicant in preparing the work plan;10.5.b. A description of assessments and other work, if any, to be performed by the applicant to further determine the nature and extent of the actual or threatened release;10.5.c. A description of risk assessments, if any, to be conducted by the applicant to show the appropriateness of the proposed remedy for the site;10.5.d. A statement of work to be conducted to accomplish the proposed remediation in accordance with the risk protocol and remediation standards established under sections 8 and 9 of this rule, and a schedule for the implementation of all tasks set forth in the proposed statement of work;10.5.e. The applicant's verification sampling plan to determine the adequacy of the remediation; and10.5.f. Other necessary supporting plans or information as deemed appropriate by the party conducting the remediation.