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RULE §335.560Post-Closure Care and Deed Certification for Risk Reduction Standard Number 2

(a) Provided that attainment of this risk reduction standard for the facility can be demonstrated to the executive director pursuant to §335.555 of this title (relating to Attainment of Risk Reduction Standard Number 2), the conditions of subsections (b) and (c) of this section apply.

(b) The person is required to place in the county deed records of the county or counties in which such activities take place the information specified in paragraphs (1)-(4) of this subsection. The statements should be worded such that a lay person can easily understand them. An example format is provided in §335.569 of this title (relating to Appendix III). Proof of deed certification of the required information shall be provided to the executive director in writing no later than 90 days after acceptance of the report required by §335.555(f) of this title (relating to Attainment of Risk Reduction Standard Number 2).

  (1) A certification signed by the person, showing the person's full name and title, and stating that closure or remediation of the facility or area was carried out in accordance with a plan designed to meet §335.555 of this title (relating to Risk Reduction Standard Number 2), which mandates that the remedy be designed to eliminate substantial present and future risk, such that no post-closure care or engineering or institutional control measures are required to protect human health and the environment.

  (2) A metes and bounds description of the portion or portions of the tract of land on which closure or remediation of industrial solid waste, municipal hazardous waste, or contaminants was achieved.

  (3) For a facility that satisfies the conditions of §335.557 of this title (relating to Criteria for Selection of Nonresidential Soil Requirements for Risk Reduction Standard Number 2) for use of nonresidential soil requirements, a statement that current or future owners of the facility must undertake actions as necessary to protect human health and the environment in accordance with the rules of the commission.

  (4) A statement that information and documents concerning the closure or remediation of the facility or area are available for inspection upon request at the Texas Water Commission. The statement shall further describe the jurisdiction of the Texas Water Commission to review the establishment of the final cleanup criteria.

(c) The person is released from post-closure care responsibilities upon acceptance by the executive director of the proof of deed certification required by subsection (b) of this section.

Source Note: The provisions of this §335.560 adopted to be effective June 28, 1993, 18 TexReg 3814.

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