§ 130A-310.12. Administrative procedure; adoption of rules. - North Carolina Statutes

§130A‑310.12.  Administrative procedure; adoption of rules.

(a)        The provisions ofChapter 150B of the General Statutes apply to this Part.  The Commission shalladopt rules for the implementation of this Part.

(b)        The Commissionshall adopt rules governing the selection and use of private environmentalconsulting and engineering firms to implement and oversee voluntary remedialactions by owners, operators, or other responsible parties under G.S. 130A‑310.9(c).Rules adopted under this subsection shall specify:

(1)        Standards applicableto private environmental consulting and engineering firms.

(2)        Criteria andprocedures for approval of firms by the Department.

(3)        Requirements andprocedures under which the Department monitors and audits a voluntary remedialaction to ensure that the voluntary remedial action complies with applicablefederal and State law, regulations, and under which the owner, operator, orother responsible party reimburses the Department for the cost of monitoringand auditing the voluntary remedial action.

(4)        Any financialassurances that may be required of an owner, operator, or other responsibleparty.

(5)        Requirements for thepreparation, maintenance, and public availability of work plans and records,reports of data collection including sampling, sample analysis, and other sitetesting, and other records and reports that are consistent with therequirements applicable to remedial actions generally. (1987,c. 574, ss. 2, 5; 1993 (Reg. Sess., 1994), c. 598, s. 2; 1995, c. 327, s. 3.)