Current through Register Vol. XLI, No. 50, December 13, 2024
Section 60-3-16 - Reopener Provisions16.1. If at any time the Secretary determines that one of the reopener conditions in the Act has been triggered, he or she shall issue notice of his or her determination by providing written notice through certified/registered mail to the initial remediator and the current occupant, and any other person who has asked to be notified of any actions regarding the site.16.2. The Certificate of Completion previously issued for the site shall become null and void upon the expiration of 60 days from the date of issuance of notice as provided in subsection 16.1, unless prior to such time at least one of the following occurs: 16.2.a. Where the initial remediator seeks to maintain the Certificate of Completion then in effect, the initial remediator shall: 16.2.a.1. Reopen and revise the Voluntary Remediation Agreement to the extent necessary to return the site to its previously agreed to state of remediation; or16.2.a.2. Reopen and revise the Voluntary Remediation Agreement to the extent necessary to achieve an alternative appropriate standard as determined by the Secretary;16.2.b. Where some person other than the initial remediator seeks to maintain the Certificate of Completion then in effect, the person shall enter into a Voluntary Remediation Agreement with the Secretary in accordance with the requirements of this rule that contains provisions necessary to assure that the property meets the state of remediation previously agreed to or another appropriate standard as determined by the Secretary.