§ 6647. Site investigation
(a) The applicant shall submit a site investigation work plan to the Secretary. The work
plan shall identify the person or persons who will conduct the site investigation.
The work plan shall provide a site investigation that satisfies all the following
objectives:
(1) defines the nature, source, degree, and extent of the contamination;
(2) defines all possible pathways for contaminant migration;
(3) presents data that quantify the amounts of contaminants migrating along each pathway;
(4) defines all relevant sensitive receptors;
(5) determines the risk of contamination to human health and the environment;
(6) identifies appropriate abatement, removal, remediation, and monitoring activities,
taking into consideration the proposed redevelopment for the property supported by
sufficient information;
(7) provides a preliminary recommendation supported by sufficient information.
(b) The Secretary shall evaluate the site investigation work plan and shall either approve,
approve with conditions, or disapprove the site investigation work plan. If the Secretary
approves the site investigation work plan with conditions or disapproves the work
plan, the applicant shall submit a revised site investigation work plan for approval,
or the applicant shall withdraw from the Program. The applicant shall submit any additional
or corrected information requested by the Secretary at any time during the evaluation
of the site investigation work plan.
(c) After approval of the site investigation work plan, the applicant shall implement
the site investigation in accordance with the approved work plan.
(d) After completion of the site investigation, the applicant shall submit a site investigation
report that describes the information gathered and provides recommendations that address
the items identified in subsection (a) of this section. The Secretary may approve
the site investigation report or, prior to approval, may require revisions to the
report or further site investigation work under an amended site investigation work
plan, or both.
(e) If the approved site investigation report concludes that no further investigation,
abatement, removal, remediation, or monitoring activities are required to protect
adequately human health and the environment and to meet all applicable remediation
standards, then the applicant may request a determination from the Secretary that
no additional investigation, abatement, removal, remediation, or monitoring activities
are required. The Secretary may make that determination if the Secretary determines
both of the following:
(1) Redevelopment and reuse of the property will not cause, allow, contribute to, worsen,
or delay any release or threatened release of hazardous materials at the property.
(2) The releases or threatened releases that are not abated, removed, or remediated do
not pose an unacceptable risk to human health, and the environment and applicable
remediation standards are met.
(f) If the approved site investigation report concludes that abatement, removal, remediation,
or monitoring activities are required to protect adequately human health and the environment
and to meet all applicable remediation standards, the applicant shall submit a corrective
action plan in accordance with section 6648 of this title. (Added 2007, No. 147 (Adj. Sess.), § 7.)