15A NCAC 13C .0306. TECHNICAL STANDARDS FOR REGISTERED ENVIRONMENTAL CONSULTANTS

(a)  The REC shall ensure that all documents and plans comply with the remediating party's agreement with the Department and the Inactive Hazardous Sites Response Act and associated rules.

(b)  All work phase completion statements, schedules, work plans, and reports require REC certification.  An REC's certification shall comply with the following:

(1)           REC certification of any document requires inclusion of the following statement, signed by the RSM and notarized:

"I certify under penalty of law that I am personally familiar with the information contained in this submittal, including any and all supporting documents accompanying this certification, and that the material and information contained herein is, to the best of my knowledge and belief, true, accurate, and complete and complies with the Inactive Hazardous Sites Response Act G.S. 130A-310, et seq. and the voluntary remedial action program Rules 15A NCAC 13C .0300.  I am aware that there are significant penalties for willfully submitting false, inaccurate or incomplete information."

(2)           The RSM shall certify only documents that contain the following notarized declaration signed and dated by, and including the title of, the highest ranking official of the remediating party having day-to-day responsibility for the performance of the response action which is the subject of the submittal:

"I certify under penalty of law that I have personally examined and am familiar with the information contained in this submittal, including any and all documents accompanying this certification, and that, based on my inquiry of those individuals immediately responsible for obtaining the information, the material and information contained herein is, to the best of my knowledge and belief, true, accurate and complete.  I am aware that there are significant penalties for willfully submitting false, inaccurate or incomplete information."

(3)           Any work which would constitute the "practice of engineering" as defined by G.S. 89C shall be performed under the responsible charge of, and signed and sealed by, a professional engineer registered in the state of North Carolina.  Any work which would constitute the "public practice of geology" as defined by G.S. 89E shall be performed under the responsible charge of, and signed and sealed by, a geologist licensed in the state of North Carolina.

(4)           RSM certification of the following documents shall occur prior to implementation:

(A)          remedial investigation work plans prepared in accordance with Paragraph (g) of this Rule;

(B)          remedial action plans prepared in accordance with Paragraph (l) of this Rule;

(C)          remedial action preconstruction reports prepared in accordance with Paragraph (m) of this Rule; and

(D)          any modifications of work schedules.

(5)           The RSM shall prepare certified completion statements for the following work phases and provide them to the Department at the times specified in Rule .0302(l) of this Section:

(A)          completion of phase I of the remedial investigation;

(B)          completion of the remedial investigation;

(C)          REC approval of the proposed remedial action plan;

(D)          completion of the remedial design and construction; and

(E)           completion of all remedial action activities.

(6)           RSM certification pursuant to the preceding paragraph shall include the following statement signed by the RSM and notarized:

"The [insert work phase] which is the subject of this certification has, to the best of my knowledge, been completed in compliance with the Inactive Hazardous Sites Response Act G.S. 130A-310, et seq. and the voluntary remedial action program Rules 15A NCAC .0300, and [insert name of the REC] is in compliance with Rules .0305(b)(2) and .0305(b)(3) of this Section.  I am aware that there are significant penalties for willfully submitting false, inaccurate or incomplete information."

Certification of the completion of all remedial action activities shall also include the following statement:

"The approved and certified site remedial action plan has been implemented, and to the best of my knowledge and belief, cleanup levels determined pursuant to Rule .0308 of this Section have been achieved, and no significant or otherwise unacceptable risk or harm to human health or the environment remains at the site."

(c)  The REC may approve and certify site activities and documents pursuant to the rules in this Section only when the following environmental sample collection and analyses criteria are met:

(1)           The REC shall employ analytical and environmental monitoring data, to support recommendations or conclusions with respect to assessment, removal, treatment, or containment actions, which are scientifically valid and of a level of precision and accuracy commensurate with their stated or intended use.

(2)           Procedures and methodologies employed for the collection and analysis of soil, sediment, water, vapor, air, and waste samples shall be:

(A)          methods published by the United States Environmental Protection Agency (USEPA), the American Society for Testing and Materials (ASTM), the American Public Health Association (APHA), the National Institute for Occupational Safety and Health (NIOSH), the American Water Works Association (AWWA), or other organizations with expertise in the development of standardized analytical testing methods; or

(B)          modifications of published methods, provided that all modifications are completely documented.

(3)           The REC may only use laboratories certified to analyze applicable certifiable parameters under 15A NCAC 2H .0800, or a contract laboratory under the United States Environmental Protection Agency Contract Laboratory Program to analyze samples collected pursuant to rules under this Section.

(4)           Laboratory and other reports of analyses of aqueous samples shall be reported as mass per unit volume; such reports of analyses of solid samples shall be reported as mass per unit mass.

(5)           The REC shall only allow sample collection and analyses to be performed by persons who are qualified by education, training, and experience.

(6)           All documents prepared pursuant to the rules in this Section that contain the results of sample collection and analyses shall include the following information:

(A)          the date, location, and time of sampling, and the name of the individual who collected the sample;

(B)          specification of all sample filtration or preservation procedures used;

(C)          the date of receipt of the sample at the laboratory, and the date(s) the sample was extracted and analyzed;

(D)          the name and address of the laboratory, and proof of certification under 15A NCAC 2H .0800 or the USEPA Contract Laboratory Program;

(E)           the sample matrix description and identification number(s);

(F)           the sample preparation and analytical method name(s) and number(s);

(G)          the results of the analysis, in clearly expressed concentration units;

(H)          the sample quantitation limit of each reported analyte based upon analytical conditions;

(I)            details of any known conditions or findings which may affect the validity of analytical data, including but not limited to equipment blank, trip blank, method blank, surrogate, spiked sample, or other quality control data;

(J)            the laboratory's written justification for any sample dilution, additional sample preparation, or deviation from specified analytical methods; and

(K)          complete chain of custody documentation for each sample.

(d)  The REC may approve and certify site activities and documents pursuant to this Section only when procedures to protect health, safety, public welfare and the environment during the performance of response actions are being implemented.  The scope and detail of health and safety procedures shall be commensurate with the degree and nature of the risks posed to human and ecological populations by the disposal site and response actions.  Standardized health and safety plans may be appropriate for routine activities conducted during response actions.  Such procedures shall include, without limitation, at least the following:

(1)           Measures to protect human populations from exposure to hazardous substances.

(2)           Air monitoring activities, if necessary to protect the public from exposure to gases and air-borne particulates.

(3)           Measures necessary to contain hazardous substances, including:

(A)          measures to control stormwater runoff;

(B)          measures to control dust and other environmental media (e.g., wetting soils);

(C)          measures to decontaminate vehicles and equipment to minimize the spread of contaminated soil from the disposal site;

(D)          measures to secure on-site excavations and stockpiles of contaminated materials; and

(E)           discontinuance of response actions where necessary to protect public health and safety.

(e)  The REC shall plan and implement the remedial investigation so that to the extent practicable the location and identity of all hazardous substances discharged to the environment at a site have been established.  All areas known, suspected, or having a reasonable probability of being contaminated by hazardous substances shall be investigated.

(f)  The REC shall plan and implement the remedial investigation so that the areal and vertical extent of hazardous substance contamination is delineated for each area of concern.

(g)  The REC may certify only remedial investigation plans which are prepared in compliance with Paragraphs (c), (d), (e), and (f) of this Rule and any other applicable requirements and which contain at least the following:

(1)           site location information including street address, longitude and latitude, and site and surrounding property land use;

(2)           a summary of all management practices employed at the site for hazardous wastes and any wastes that may have contained hazardous substances including: a list of types and amounts of waste generated (with RCRA waste codes), treatment and storage methods, and ultimate disposition of wastes; a description of the facility's past and current RCRA status; the location and condition of all identified vessels currently or previously used to store any chemical products, hazardous substances or wastes; and a summary of the nature of all identified on-site hazardous substance releases, including disposal or spills;

(3)           United States Geological Survey topographic maps sufficient to display topography within a one-mile radius of the site;

(4)           a site survey plat including: scale; benchmarks; north arrow; locations of property boundaries, buildings, structures, all perennial and non-perennial surface water features, drainage ditches, dense vegetation, known and suspected spill or disposal areas, underground utilities, storage vessels, existing on-site wells; and identification of all adjacent property owners and land usage.  As provided in G.S. 89C-2, it is unlawful for any person to practice land surveying in North Carolina, as defined in G.S. 89C, unless such person has been duly registered as a registered land surveyor;

(5)           a description of local geologic and hydrogeologic conditions;

(6)           inventory and map of all identifiable wells, springs, and surface-water intakes used as sources of potable water within a one-half mile radius of each source area, or, if the source area is unknown, within a one-half mile radius of each point where contamination has been identified at the site;

(7)           an evaluation of the site and all adjacent property for the existence of any environmentally sensitive areas;

(8)           a copy of the current owner's(s') deed(s) to the property;

(9)           a chronological listing of all previous owners and each period of ownership since the property was originally developed from pristine land;

(10)         operational history with aerial photographs and Sanborne Fire Insurance maps to support land-use history;

(11)         a list of all hazardous substances which have been used or stored at the site, and approximate amounts and dates of use or storage as revealed by available written documentation and interviews with a representative number of former and current employees or occupants possessing relevant information;

(12)         site environmental permit history, including copies of all federal, state, and local environmental permits, past and present, issued to the remediating party or within its custody or control;

(13)         a summary of all previous and ongoing environmental investigations and environmental regulatory involvement with the site, and copies of all associated reports and laboratory data in public records, or within the custody or control of the REC or remediating party;

(14)         intended procedures for characterizing site geologic and hydrogeologic conditions and identifying and delineating each contamination source as to each affected environmental medium, including any plan for special assessment such as a geophysical survey;

(15)         intended methods, locations, depths of, and justification for, all sample collection points for all media sampled, including monitoring well locations and anticipated screened intervals;

(16)         proposed field and laboratory procedures for quality assurance/quality control;

(17)         proposed analytical parameters and analytical methods for all samples;

(18)         equipment and personnel decontamination procedures; and

(19)         a health and safety plan that conforms to the federal Occupational Safety and Health Act, 29 U.S.C. ' 651, et seq. and Title 29 of the Code of Federal Regulations, and assures that the health and safety of nearby residential and business communities will not be adversely affected by activities related to the remedial investigation.

(h)  The REC may certify only remedial investigation reports which are prepared in compliance with Paragraph (c) of this Rule and any other applicable requirements and which contain at least the following:

(1)           a narrative description of how the investigation was conducted, including a discussion of any variances from the approved work plan;

(2)           a description of groundwater monitoring well design and installation procedures, including drilling methods used, completed drilling logs, "as built" drawings of all monitoring wells, well construction techniques and materials, geologic logs, and copies of all well installation permits;

(3)           a map, drawn to scale, showing all soil sample and monitoring well locations in relation to known disposal areas or other sources of contamination.  Monitoring wells shall be surveyed to a known benchmark and groundwater elevations to a known datum.  Soil sample locations shall be surveyed to a known benchmark or flagged with a secure marker until after the remedial action is completed.  As provided in G.S. 89C-2, it is unlawful for any person to practice land surveying in North Carolina, as defined in G.S. 89C, unless such person has been duly registered as a registered land surveyor;

(4)           a description of all field and laboratory quality control and quality assurance procedures followed during the remedial investigation;

(5)           a description of procedures used to manage drill cuttings, purge water and decontamination water;

(6)           a summary of site geologic conditions, including a description of soils and vadose zone characteristics;

(7)           a description of site hydrogeologic conditions (if groundwater assessment is determined to be necessary), including current uses of groundwater, notable aquifer characteristics, a water table elevation contour map with groundwater flow patterns depicted, and tabulated groundwater elevation data;

(8)           tabulation of analytical results for all sampling (including sampling dates and soil sampling depths) and copies of all laboratory reports including quality assurance/quality control documentation;

(9)           soil, groundwater, surface water and sediment contaminant delineation maps and cross sections, including scale and sampling points with contaminant concentrations;

(10)         a description of procedures and the results of any special assessments such as geophysical surveys, immunoassay testing, soil gas surveys, or test pit excavations; and

(11)         color copies of site photographs.

(i)  Any proposed remedy which would:

(1)           be conducted entirely on site and for which a permit waiver is desired under G.S. 130A-310.3(e);

(2)           involve on-site containment or capping; or

(3)           exceed the three million dollars ($3,000,000) cost maximum contained in G.S. 130A-310.9(a) without a waiver, shall require Department concurrence prior to implementation.  The REC shall submit to the Department a brief summary of available remedies, their projected costs, and in each case reasons why a remedy was accepted or rejected.

(j)  Thirty days prior to approving any remedial action plan, the REC shall provide notice of the remedial action plan to those who have requested notice that such plans have been developed, as provided in G.S. 130A-310.4(c)(2).  The REC shall provide proof of such notice and any resulting comments from the public to the Department prior to approval of the remedial action plan.

(k)  Remedial actions that involve the emission or discharge of hazardous substances to the atmosphere shall be conducted in a manner that provides for the protection of human health and the environment, in conformance with this Section and any applicable permits, approvals, laws or other rules or regulations.

(l)  The REC may certify only remedial action plans which are prepared in compliance with Paragraphs (c), (d), (i), (j), and (k), of this Rule and any other applicable requirements and which contain at least the following:

(1)           A discussion of the results of the remedial investigation including media contaminated, contaminants of concern, and the areal and vertical extent of contamination.

(2)           A brief statement of objectives for the remedial action.

(3)           An evaluation of available remedial alternatives using the following feasibility study criteria:

(A)          protection of human health and the environment, including attainment of cleanup levels;

(B)          compliance with applicable federal, state and local regulations;

(C)          long-term effectiveness and permanence;

(D)          reduction of toxicity, mobility and volume;

(E)           short-term effectiveness, i.e., effectiveness at minimizing the impact of the site remedial action on the environment and the local community;

(F)           implementability, i.e., technical and logistical feasibility, including an estimate of time required for completion;

(G)          cost; and

(H)          community acceptance.

(4)           A detailed description and conceptual design of the proposed remedy, including process flow diagrams and pre-design drawings of all major components of the treatment train.

(5)           A demonstration that the proposed remedy is supported by the remedial alternative feasibility study conducted pursuant to Subparagraph (l)(3) of this Rule.

(6)           A description of all activities necessary to implement the proposed method(s) of remedial action in compliance with applicable laws and regulations and in a manner such that cleanup standards are met.  These activities include, but are not limited to, well installation and abandonment, sampling, run‑on/run‑off control, discharge of treated waste streams, and management of investigation and remedial action derived wastes.

(7)           A description of any proposed treatability studies and additional site characterization needed to support the final design.

(8)           A description of procedures and a schedule for additional site characterization, treatability studies, final design, construction, operation and maintenance, system monitoring and performance evaluation, and progress reporting.

(9)           A description of the criteria for remedial action completion, including procedures for post-remedial and confirmatory sampling.

(10)         A health and safety plan that conforms to the federal Occupational Safety and Health Act, 29 U.S.C. ' 651, et seq. and Title 29 of the Code of Federal Regulations, and assures that the health and safety of nearby residential and business communities will not be adversely affected by activities related to the remedial action.

(11)         Equipment and personnel decontamination procedures.

(m)  Prior to beginning construction, the REC shall certify remedial action preconstruction reports which contain at least the following:

(1)           the results of all treatability studies and additional site characterization work completed since the remedial investigation;

(2)           final engineering design report, including a narrative description of process design, final plans and specifications, and an updated project schedule; and

(3)           copies of final registrations, permits and approvals.

(n)  The REC may certify only remedial action construction completion reports which contain at least:

(1)           "as built" plans and specifications;

(2)           a summary of major variances from the final design plans; and

(3)           a summary of any problems encountered during construction.

(o)  The REC shall prepare and certify quarterly remedial action progress reports for remedial actions of greater than three months duration.  Groundwater remedial action progress reports may be prepared on an annual basis after the first full year of remedial action and the completion of four quarterly monitoring events.  The REC may certify only remedial action progress reports which are prepared in compliance with Paragraph (c) of this Rule and any other applicable requirements and which contain at least the following:

(1)           operation and maintenance results, i.e., summaries of remedial action operating and maintenance requirements and a discussion of major problems encountered;

(2)           performance evaluation results, i.e., tabulated and graphical presentations of monitoring data and a comparison of remedial action performance to design goals;

(3)           a description of all field and laboratory quality control and quality assurance procedures followed during any sampling and analysis;

(4)           tabulation of analytical results for all sampling and copies of all laboratory reports including quality assurance/quality control documentation; and

(5)           a map, drawn to scale, showing all soil sample and monitoring well locations.

(p)  The REC may certify only final remedial action completion reports which contain at least the following:

(1)           a final progress report which includes all the information required under Paragraph (o) of this Rule;

(2)           a summary of remedial action operating experience and effectiveness in meeting design goals, based on all performance monitoring data and progress reporting to date;

(3)           a discussion of criteria for remedial action completion, and a demonstration, supported by confirmatory sampling data, that such criteria have been satisfied; and

(4)           a summary of total project costs.

(q)  In the performance of its role pursuant to the rules in this Section, the REC shall manage investigation or remedial action derived wastes in a manner that provides for the protection of human health and the environment and that complies with all applicable federal, state, and local laws, rules, and regulations.

 

History Note:        Authority G.S. 130A-310.12(b);

Eff. April 1, 1997.