This section applies to property determined by the applicable ROD to be suitable for unrestricted residential use that is transferred without a requirement for a durable cover or engineered cap.
(a) An Applicant must submit the following, satisfactory to the Director, as further specified in regulations adopted by the Director: (i) Site Evaluation Report; (ii) Dust Control Plan; (iii) Unknown Contaminant Contingency Plan; (iv) Disposal Plan (if applicable); (v) Site Specific Health and Safety Plan; (vi) Soil Importation Plan (if applicable), (vii) Foundation Support Piles Installation Plan (if applicable), (viii) a determination of whether additional information is necessary to adequately characterize the Prescribed Subsurface Activity Area, and (ix) for areas that undergo demolition of structures with lead based paint, a scope of work to collect additional information as described in the regulations. The plans required by (ii)-(ix) must be specific to the activities to be conducted under a permit or improvement plan.
The Director shall review the site evaluation report and advise the Applicant on whether additional information is necessary as follows:
(1) In unrestricted residential parcels, if the Prescribed Subsurface Activity Area has already been evaluated in a Site Evaluation Report in the past and a Closure Report for the Prescribed Subsurface Activity Area was approved by the Director and the Closure Report included verification of: (i) the placement of at least one foot of clean imported fill or equivalent on areas with fill containing naturally occurring asbestos; or (ii) that the Area was cut into native bedrock and properly covered, if necessary, to address any concerns about naturally occurring asbestos; or (iii) that the Area has no naturally occurring asbestos concerns; then no site history, data evaluation, sampling or additional characterization will be necessary with respect to such Prescribed Subsurface Activity Area.
(2) Unrestricted residential property that does not meet the criteria provided in subdivision (1) will be evaluated as follows:
(A) Tier I Areas. If a portion of a Prescribed Subsurface Activity Area has been used continuously only for residential purposes, or is not located on historic fill (as defined in a map maintained by the Director pursuant to Section 3107(e)), or is not or has not been underlain by Navy utility lines (as defined on a map maintained by the Director pursuant to Section 3107(e)), and, in any case, there is no evidence that hazardous substances are present, no additional information or sampling will be necessary with respect to such portions of the Prescribed Subsurface Activity Area. The Director shall provide the Applicant and the relevant department with written notification that the Applicant has complied with the requirements of this Article as to such portions, and must comply with the plans listed in subsection (a)(ii)-(ix), as determined by the Director to be applicable, and all laws applicable to soil removal and off-site disposal.
(B) Tier II Areas. In portions of Prescribed Subsurface Activity Area other than those described as Tier I, if the Director determines that such portions are adequately characterized, the Director shall provide the Applicant and the relevant department with written notification that the Applicant has complied with the requirements of this Article as to such portions, and must comply with the plans listed in subsection (a)(ii)-(ix), as determined by the Director to be applicable, and all laws applicable to soil removal and off-site disposal. If the Director determines that additional information is necessary to adequately characterize portions of the Prescribed Subsurface Activity Area, the Applicant must submit a proposed scope of work for a supplemental site evaluation in accordance with regulations adopted by the Director. Upon approval of the scope of work by the Director, the Applicant shall implement the scope of work and prepare a supplemental site evaluation report summarizing the new information.
(a) If the supplemental site evaluation report shows that there is no existing contamination that exceeds the screening criteria established by the Director by regulation, the Director shall provide the Applicant and the relevant department with written notification that the Applicant has complied with the requirements of this Article, and must comply with the plans listed in subsection (a)(ii)-(ix), as determined by the Director to be applicable, and all laws applicable to soil removal and off-site disposal.
(b) If the supplemental site evaluation report shows that there is existing contamination that exceeds the screening criteria established by the Director and the Applicant wishes to retain that soil in the Prescribed Subsurface Activity Area or elsewhere within unrestricted residential property, the Applicant must prepare and submit to the Director a risk evaluation report and a site mitigation plan demonstrating the property can still be used for unrestricted residential purposes consistent with the FOST. The site mitigation plan must include the plans listed in subsection (a)(ii)-(ix), as determined by the Director to be applicable, and may include a deed notice, provided that any notice is consistent with use for unrestricted residential purposes. The Director must review and approve the risk evaluation report and the site mitigation plan. Upon approval of these documents, the Director shall provide the Applicant and the relevant department with written notification that the Applicant has complied with the requirements of this Article, and must comply with the site mitigation plan and all laws applicable to soil removal and off-site disposal.
(b) If the Director finds that the Applicant intends to remove soil from the Prescribed Subsurface Activity Area and dispose of that soil off-site, then the Director shall find that, as to that soil, no additional information is necessary and shall provide the Applicant and the relevant department with written notification that the Applicant has complied with the requirements of this Article, and must comply with the plans listed in subsection (a)(ii)-(ix), as determined by the Director to be applicable, and all laws applicable to soil removal and off-site disposal.
(c) Upon completion of the activity authorized by the permit or improvement plan, the Applicant shall submit a Closure Report to the Director including: additional information or data obtained, including information on unanticipated conditions; correcting any information previously submitted; and certifying implementation of the plans listed in subsection (a)(ii)-(ix), as determined by the Director to be applicable, any applicable risk management or site mitigation plan and all laws applicable to soil removal.
(Added by Ord. 303-04, File No. 041541, App. 12/24/2004; Ord. 204-10, File No. 100575, App. 8/3/2010)