Section 6026.505 - ReopenersAny person who completes remediation in compliance with this act shall not be required to undertake additional remediation actions unless the department demonstrates that:
(1) fraud was committed in demonstrating attainment of a standard at the site that resulted in avoiding the need for further cleanup of the site;(2) new information confirms the existence of an area of previously unknown contamination which contains regulated substances that have been shown to exceed the standards applied to previous remediation at the site;(3) the remediation method failed to meet one or a combination of the three cleanup standards;(4) the level of risk is increased beyond the acceptable risk range at a site due to substantial changes in exposure conditions, such as in a change in land use from nonresidential to a residential use, or new information is obtained about a regulated substance associated with the site which revises exposure assumptions beyond the acceptable range. Any person who changes the use of the property causing the level of risk to increase beyond the acceptable risk range shall be required by the department to undertake additional remediation measures under the provisions of this act; or(5)(i) the release occurred after the effective date of this act on a site not used for industrial activity prior to the effective date of this act;(ii) the remedy relied in whole or in part upon institutional or engineering controls instead of treatment or removal of contamination; and(iii) treatment, removal or destruction has become technically and economically feasible on that part.1995, May 19, P.L. 4, No. 2, § 505, effective in 60 days.