Current through Register Vol. XLI, No. 50, December 13, 2024
Section 60-3-12 - Certificate of Completion12.1. Completion of Remediation. 12.1.a. A voluntary remediation is complete when the site meets applicable standards and all work has been completed as contemplated in the Voluntary Remediation Agreement.12.1.b. When a site meets applicable standards and the applicant has completed all work required by the Voluntary Remediation Agreement to meet applicable standards, the licensed remediation specialist shall issue a final report to the applicant. The report shall explain how the applicant has demonstrated compliance with the requirements of the Voluntary Remediation Agreement.12.1.c. The applicant to whom the licensed remediation specialist has issued a final report may do either of the following: 12.1.c.1. Request a Certificate of Completion from the Secretary, as provided in subsection 12.2 of this rule; or12.1.c.2. Request a Certificate of Completion from the licensed remediation specialist, when applicable, as provided in subsection 12.4 of this rule.12.2. Issuance of Certificate of Completion by the Secretary. 12.2.a. Upon receiving the request provided in paragraph 12.1.c.1 of this rule, the Secretary shall evaluate the final report provided by the applicant and determine, within 60 days, whether the licensed remediation specialist properly issued the final report. When reviewing a final report, the Secretary shall only consider whether:12.2.a.1. The site meets applicable standards for those areas of the site and for those contaminants identified in the Voluntary Remediation Agreement; and12.2.a.2. The applicant has complied with the Voluntary Remediation Agreement and any approved work plans for the site. 12.2.b. If the Secretary agrees that the licensed remediation specialist properly issued the final report, the Secretary shall issue a Certificate of Completion within 60 days of receipt of the applicant's request for a Certificate of Completion. 12.2.c. If the Secretary does not agree that the licensed remediation specialist properly issued the final report, the Secretary shall, within the 60-day review period provided for review of a request for Certificate of Completion, provide written notification to the applicant stating in detail the reasons why he or she does not deem the report properly issued and indicating any further action the applicant must take in order for the Secretary to issue the Certificate. Upon receipt of the notification, the applicant may:12.2.c.1. Instruct the licensed remediation specialist to take the further action identified by the Secretary; or12.2.c.2. Terminate the Voluntary Remediation Agreement.12.3. Contents of the Certificate of Completion.12.3.a. The Certificate of Completion shall attach or incorporate the following: 12.3.a.1. A legal description of the site to which the Certificate of Completion pertains, including the deed book and page number and tax parcel identification number;12.3.a.2. A list of the contaminants of concern in each environmental media for which the site meets applicable remediation standards, and a list of the remediation standards applicable to each media;12.3.a.3. The Voluntary Remediation Agreement under which the site was remediated and/or evaluated;12.3.a.4. The final report issued by the licensed remediation specialist; and12.3.a.5. Any land use covenant or deed restriction imposed for purposes of meeting applicable remediation standards including, where applicable, a description of any institutional or engineering controls employed at the site for purposes of meeting the standards.12.3.b. The Certificate of Completion shall provide that:12.3.b.1. The site that is described in the Certificate of Completion meets the applicable standards as provided in section 9 of this rule;12.3.b.2. The applicant and the persons identified in section 18 of the Act (A) are relieved of liability to the State for the release that caused the contamination that was the subject of the voluntary remediation, and the State shall not institute any civil, criminal, or administrative action arising from the release and resulting contamination as long as the site continues to meet applicable standards in effect at the time the Certificate was issued; and (B) shall not be subject to citizen suits or contribution actions with regard to the contamination that was the subject of the Voluntary Remediation Agreement;12.3.b.3. Where the agreement imposes an obligation that continues beyond the effective date of the Certificate and those obligations are no longer satisfied, with the result that the site no longer meets the applicable standards approved for the remediation or continued compliance with the applicable standard is threatened, the Secretary shall initiate action to ensure the site is brought into compliance in accordance with section 14 of this rule or rescind the covenant contained in this Certificate as it would apply to the then-current owner or operators of the site and their successors and assigns;12.3.b.4. Except as provided in paragraph 12.3.b.3 of this rule, the Secretary may revoke a Certificate of Completion or instead require further remediation of any site described in the Certificate of Completion only where the Secretary has determined that a reopener has been triggered in accordance with section 16 of this rule. Where a Certificate is revoked under this provision, it is revoked only as to the then-current owner or operator of the site and their successors and assigns, except in the case where fraud was committed in demonstrating attainment at the site as provided in subdivision 16.1.a of this rule. In this latter case, the Certificate is revoked as it would apply to any person; and12.3.b.5. The duties and benefits of the Certificate of Completion are transferable to successors and assigns of the applicant, subject to the obligations of any land use covenant referred to in the Certificate of Completion.12.3.c. The Certificate of Completion contained in Appendix 60-3D meets the requirements of this section. The applicant and the Secretary may agree to additional provisions and modifications which differ from the form in Appendix 60-3D, but which are consistent with this rule.12.4. Certificates of Completion Issued by Licensed Remediation Specialists.12.4.a. A licensed remediation specialist may issue a Certificate of Completion for any site that complies with the De Minimis Standards set forth in subsections 9.2 and 9.5 of this rule, provided that the licensed remediation specialist issues a final report and gives the Secretary notice of his or her intention to issue a Certificate of Completion for the site.12.4.b. A Certificate of Completion issued by a licensed remediation specialist shall comply with subsection 12.3 of this rule.12.4.c. The Secretary may object to the issuance of a Certificate of Completion by a licensed remediation specialist within 30 days of receipt of notice of the Certificate's issuance, as provided in subdivision 12.4.a. of this rule. If the Secretary objects to issuance of the Certificate, the applicant may take any of the actions allowed under subdivision 12.2.c. of this rule. If the Secretary fails to object within the 30-day period, the licensed remediation specialist may issue the Certificate of Completion.12.5. Effective Date. 12.5.a. A Certificate of Completion issued by the Secretary shall become effective when signed by the Secretary or, where applicable, upon the filing of any land use covenant required by the Certificate, whichever shall last occur.12.5.b. A Certificate of Completion issued by a licensed remediation specialist shall become effective when signed by the licensed remediation specialist after notice to the Secretary in accordance with subsection 12.4 of this rule, or, where applicable, upon the filing of any land use covenant required by the Certificate, whichever shall last occur.