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96 <br /> "§ 130A-310.71. Review and approval of proposed remedial action plans. <br /> (a) The Department shall review and approve a proposed remedial action plan <br /> consistent with the remediation standards set out in G.S. 130A-310.68 and the procedures set <br /> out in this section. In its review of a proposed remedial action plan, the Department shall do all <br /> of the following: <br /> (1) Determine whether site-specific remediation standards are appropriate for a <br /> particular contaminated site. In making this determination, the Department <br /> shall consider proximity of the contamination to water supply wells or other <br /> receptors; current and probable future reliance on the groundwater as a water <br /> supply; current and anticipated future land use; environmental impacts; and <br /> the feasibility of remediation to unrestricted use standards. <br /> (2) Determine whether the party conducting the remediation has adequately <br /> demonstrated through modeling or other scientific means acceptable to the <br /> Department that no contamination will migrate to doff--site property <br /> at levels above unrestricted use s*astandards, except as may remain <br /> pursuant to a cleanup conducted pursuant to G.S. 130A-310.73A(a)(2). <br /> (3) Determine whether the proposed remedial action plan meets the <br /> requirements of G.S. 130A-310.69. <br /> (4) Determine whether the proposed remedial action plan meets the <br /> requirements of any other applicable remediation program except those <br /> pertaining to remediation standards. <br /> (5) Establish the acceptable level or range of levels of risk to public health, <br /> safety, and welfare and to the environment. <br /> (6) Establish, for each contaminant, the maximum allowable quantity, <br /> concentration, range, or other measures of contamination that will remain at <br /> the contaminated site at the conclusion of the contaminant-reduction phase <br /> of the remediation. <br /> (7) Consider the technical performance, effectiveness, and reliability of the <br /> proposed remedial action plan in attaining and maintaining compliance with <br /> applicable remediation standards. <br /> (8) Consider the ability of the person who proposes to remediate the site to <br /> implement the proposed remedial action plan within a reasonable time and <br /> without jeopardizing public health, safety, or welfare or the environment. <br /> (9) Determine whether the proposed remedial action plan adequately provides <br /> for the imposition and maintenance of engineering and institutional controls <br /> and for sampling, monitoring, and reporting requirements necessary to <br /> protect public health, safety, and welfare and the environment. In making <br /> this determination, the Department may consider, in lieu of land-use <br /> restrictions authorized under G.S. 130A-310.69, reliance on other State or <br /> local land-use controls. Any land-use controls implemented shall adequately <br /> protect public health, safety, and welfare and the environment and provide <br /> adequate notice to current and future property owners of any residual <br /> contamination and the land-use controls in place. <br /> (10) Approve the circumstances under which no further remediation is required. <br /> (b) The person who proposes a remedial action plan has the burden of demonstrating <br /> with reasonable assurance that contamination from the site will not migrate to adjae off--site <br /> property above unrestricted use levels levels, except as may remain pursuant to a cleanup <br /> conducted pursuant to G.S. 130A-310.73A(a)(2), and that the remedial action plan is protective <br /> of public health, safety, and welfare and the environment by virtue of its compliance with this <br /> Part. The demonstration shall (i) take into account actions proposed in the remedial action plan <br /> that will prevent contamination from migrating off the site; and (ii) use scientifically valid <br /> site-specific data. <br /> (c) The Department may require a person who proposes a remedial action plan to <br /> supply any additional information necessary for the Department to approve or disapprove the <br /> plan. <br /> (d) In making a determination on a proposed remedial action plan, the Department shall <br /> consider the information provided by the person who proposes the remedial action plan as well <br /> as information provided by local governments and adjoining landowners pursuant to <br /> G.S. 130A-310.70. The Department shall disapprove a proposed remedial action plan unless the <br /> Page 22 Session Law 2015-286 House Bill 765-Ratified <br />