| (a) If in the course of the affected property assessment conducted
pursuant to §350.51 of this title (relating to Affected Property Assessment)
or in the course of complying with this chapter, a person collects any samples
from property they do not own (i.e., leased lands and off-site properties),
then the analytical results for those samples and any samples subsequently
collected from that property that will be provided to the executive director,
shall be made available to the owner of that property. The analytical results
of any samples collected at any depth from within an easement/franchise area
(e.g., municipal or private utility, right-of-way, etc.) exceeding Tier 1
human health PCLs, which will be provided to the executive director, shall
be provided to those current easement holders/franchisees. The information
made available shall include at a minimum, all analytical results from the
sample analyses along with the critical PCL values for the applicable land
use classification. The person shall initially provide a notice of availability
no later than at the time of submission of a plan and/or report for executive
director review which contains this information. Notices of availability shall
be delivered to the chief clerk or city secretary for municipal entities.
If an ecological exposure pathway is complete, but final ecological PCLs have
not yet been established in accordance with §350.77 of this title (relating
to Ecological Risk Assessment and Development of Ecological Protective Concentration
Levels), then the person shall at a minimum provide the critical human health
PCLs. Within 30 days of commission approval of the Ecological Risk Assessment
(i.e., Tier 2 or 3) which contains the final ecological PCLs that shall be
used under Remedy Standards A or B, the person shall make the ecological PCLs
available to leaseholders to the extent they are known or obvious, and to
the owner of the property where that ecological PCL is the critical PCL.
(b) If the person submits other information (i.e., evidence
other than samples of environmental media collected from a particular property,
such as but not limited to, COC distribution maps) to the executive director
which indicates that a COC originating from on-site activities more likely
than not exceeds a residential assessment level on property they do not own,
then the person shall at a minimum make this information and the critical
PCLs for the applicable land use classification available to the owner of
the property. The required information shall also be provided to current easement
holders/franchisees when there is other information that suggests Tier 1 human
health PCLs are exceeded at any depth within an easement/franchise area (e.g.,
municipal or private utility, right-of-way, etc.). The person shall provide
a notice of availability no later than at the time of submission of a plan
and/or report for executive director review which contains this information.
Notices of availability shall be delivered to the chief clerk or city secretary
for municipal entities. If an ecological exposure pathway is complete, but
final ecological PCLs have not yet been established in accordance with §350.77
of this title, then the person shall at a minimum provide the critical human
health PCLs. Within 30 days of commission approval of the Ecological Risk
Assessment (i.e., Tier 2 or 3) which contains the final ecological PCLs that
shall be used under Remedy Standard A or B, the person shall make the ecological
PCLs available to leaseholders to the extent they are known or obvious, and
to the owner of the property where that ecological PCL becomes the critical
PCL.
(c) The person shall provide notice of the availability of
historical information (i.e., actual sampling and analysis data collected
on the property described in subsections (a) and (b) of this section prior
to these rules being applicable to that property) to the parties listed in
subsections (a) and (b) of this section, as applicable, at the time of submission
of the first plan and/or report which includes this same historical information
to the executive director for review under this rule.
(d) When subsections (a), (b), or (c) of this section require
information to be made available, the notice of availability shall indicate
that information is available regarding environmental sample analysis results
for the specific property, what information is available, and how to obtain
that information (e.g., submit written request to identified contact point).
Persons may use legible signs located in readily visible locations to provide
notice when the use of signs provides effective notice of the availability
of information. If signs are used, the person shall post and maintain the
sign for a minimum of 180 consecutive days. To document that all required
notices have been completed, the person shall provide a notarized statement
of such fact including the names and addresses of persons receiving direct
notice such as mail, personal contact, public meeting, fliers, etc., if any,
to the executive director which is signed by the person or their appropriate
authorized agent certifying that the required notifications have been completed.
The notarized statement is to be provided to the executive director within
60 calendar days of the date the notices are due, and may be included within
any report submitted under this chapter that is to be submitted within this
same time period. The person shall keep on file information which documents
that notice was completed for a minimum of five years following the issuance
of a no further action letter in accordance with §350.34(1) or (3) of
this title (relating to No Further Action) for the affected property. The
person shall provide the information which documents notice was completed
when requested by the executive director. If the executive director determines
that the notice was not sufficient (e.g., it is not factual or clear, or not
all appropriate parties were notified) then the person shall complete the
notice in a sufficient manner.
(e) When there is an actual or probable human exposure to a
COC at a concentration which exceeds the Tier 1 human health PCL (e.g., not GWSoil in this instance) established in accordance
with Subchapter D of this chapter (relating to Development of Protective Concentration
Levels) for the applicable land use and exposure pathways (e.g, direct contact
to soils with concentrations of COCs exceeding the
TotSoilComb PCL, or ingestion of groundwater
with concentrations of COCs exceeding the GWGWIng PCL, but not including GW
Soil), the person shall:
(1) provide notice, as soon as possible, but no later than
60 calendar days from receipt of the laboratory analysis from the performing
laboratory, to those actually or probably exposed, the property owner, and
the executive director. The determination of those who could be exposed shall
consider at a minimum tenants and leaseholders; human activity patterns at
the affected property; presence of any areas of congregation or recreation
such as but not limited to playgrounds, natural areas, or green belts, or
break areas; the distribution and concentration of COCs; conditions of any
structures which may allow or prevent exposure to COC in soils, water or vapors;
and the source of drinking water. As new information becomes available which
indicates that additional parties could be exposed, then those additional
parties and the executive director shall be notified as soon as possible,
but not later than 14 days of the date actual or probable exposure is determined;
unless the actual or probable exposure was determined by additional sampling
results in which case notice must occur no later than 60 days from the date
of receipt of the laboratory analyses from the performing laboratory.
(2) ensure that the notice indicates that information
is available regarding environmental sample analysis results for the specific
property, that exposure to COCs is possible given existing conditions, the
critical human health PCLs (Tier 1, 2, or 3), how the exposure could be occurring,
that more information is available upon request, what that additional information
is, and how to obtain the additional information (e.g., submit written request
to contact point).
(3) use and maintain legible signs to provide public notice
in instances where potential exposure for publically accessible areas such
as playgrounds or other similar situations may occur. The person shall maintain
the sign so long as the actual or probable exposure conditions exist.
(4) document that all required notices have been completed
by providing a notarized statement of such fact including the names and addresses
of persons receiving direct notice such as mail, personal contact, public
meeting, fliers, etc., if any, and to the executive director which is signed
by the person or their appropriate authorized agent certifying that the required
notifications have been completed. The certification is to be provided to
the executive director within 30 calendar days of the date the notices are
due, or within a report to be submitted under this chapter within this same
time period. The persons shall keep on file information which documents that
notice was completed for a minimum of five years following the issuance of
a no further action letter in accordance with §350.34(1) or (3) of this
title for the affected property. The person shall provide the information
which documents notice was completed when requested by the executive director.
If the executive director determines that the notice was not sufficient (e.g.,
it is not factual or clear, or not all appropriate parties were notified),
then the person shall complete the notice in a sufficient manner.
(f) Once a party identified in subsections (a), (b), or (c)
of this section provides a written request for the information required to
be made available in subsections (a), (b), or (c) of this section from the
person providing the notice and at the address provided in the notice, the
person must deliver the information to the requestor within 14 calendar days
of the date of receipt of the request.
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