(A) All remediation plans shall be reviewed as part of the application (for a building permit or conditional use permit, as applicable) and are prepared by the applicant or applicant’s agent by working with DEQ to prepare a remediation plan based on the applicant’s plans for activity.
(B) DEQ must approve the remediation plan.
(C) Approval of a building permit or conditional use permit may include a condition requiring DEQ approval of the remediation plan, as well as full compliance with DEQ’s requirements.
(D) Remediation plans shall include the following:
(1) (a) Proposed actions for the reduction of contaminant concentrations to levels within the permissible levels for arsenic in soils for the proposed use; and
(b) The remedies proposed may include, but are not limited to, tilling the soil, mineral or chemical treatment of the soil, a clean fill cap, an impermeable barrier, or others.
(2) Plans showing the location and dimensions of each excavation, volume of soil to be disturbed, disposal plans for excess soil, stormwater management during and after the project, final grades, vegetation before and after the project, and areas to be covered by buildings, concrete and asphalt;
(3) A preliminary work plan with preliminary approval by DEQ to guide the applicant/agent(s) through all Superfund required soils handling, stormwater management and revegetation activities.
(a) The work plan will also detail how contaminants will be handled and otherwise addressed, such as delivery to a repository, if necessary, along with plans to minimize erosion and dust.
(b) Original remedy specifications shall be provided as necessary in the work plan, including soil specifications, stormwater features and vegetation requirements.
(4) (a) Only clean fill shall be imported into the Clark Fork River Superfund Overlay District. Approval to import clean fill is dependent on identifying specific sources as being clean.
(b) Imported fill is subject to random testing by DEQ to check compliance with this performance standard.
(E) The City Planner will review the remediation plan as part of the applicant’s application. For conditional use permit applications, the Planning Board and City Council will also review the remediation plan.
(F) All remediation plans shall be approved by the proper officials prior to commencement of the project.
(Prior Code, § 11.01.250.060) (Ord. 171, passed 9-17-2018; Ord. 2021-15, passed 12-20-2021)