7 Del. Admin. Code § 1351-E-6.0

Current through Register Vol. 28, No. 7, January 1, 2025

Section 1351-E-6.0 - No Further Action Requirements

6.1 Request for No Further Action Determination

6.1.1 After all Corrective Actions are complete and cleanup goals have been achieved, the Responsible Parties shall submit a written request to the Department for no further action (NFA). The request for no further action shall include but is not limited to the following documentation:

6.1.1.1 Documentation indicating the site does not threaten human health, safety and the environment based on current land use of the site and surrounding area; and

6.1.1.2 Documentation indicating that NAPL does not exist or has been addressed in accordance with the requirements specified in DERBCAP and Part E, subsection 3.3; and

6.1.1.3 Documentation indicating that contaminant levels have been reduced to levels at or below the cleanup goals specified in DERBCAP and the RAWP, and approved by the Department; and

6.1.1.4 Institutional Controls as required by the Department, including the placement of an Environmental Covenant (EC) on a Facility, as provided for in 7 Del.C. §§ 7907- 7920, the Uniform Environmental Covenants Act (UECA) have been established.

6.1.2 The Responsible Parties shall submit all documents, permits, certificates, approvals, etc. relating to the transportation of impacted environmental media and materials from the site including USTs, soils, Regulated Substances, and water that has not been previously submitted to the Department. Documentation shall include tipping fees, waste receipts, bills of lading or any other documentation verifying that all waste has been properly disposed.

6.1.3 The request for no further action shall be signed by a professional geologist or professional engineer registered in the State of Delaware as required in 24 Del.C. Ch. 36 and the Delaware Board of Registration of Geologists Regulations and 24 Del.C. Ch. 28, when requested by the Department.

6.2 Department Response to a Request for No Further Action

6.2.1 The Department shall issue a letter requiring no further action (NFA letter) and documenting that site cleanup objectives have been met. The issuance of the NFA letter does not absolve the Responsible Parties from previously incurred or potential future liability.

6.2.2 The NFA letter applies to site conditions at the time that the request for no further action was made. Except as discussed in subsection 6.2.3, once the Department has issued a NFA letter associated with a Release, the Department shall not require Responsible Parties to perform additional Corrective Actions associated with the Release unless site conditions, including the current or future land use, change or there is new information that the Release poses an unacceptable risk to human health, safety, or the environment.

6.2.3 The Department shall not require Responsible Parties to perform additional Corrective Actions associated with an UST System when all of the following conditions have been met:

(1) the Department has issued any type of NFA letter, either with conditions for future management or without conditions for future management after the Removal or Closure In Place of the UST System,

(2) the UST System was located on a residential property,

(3) the Tank associated with the UST System contained Consumptive Use Heating Fuel used for Consumptive Use On the Premises.

6.2.4 As per Delaware Code Title 26, Chapter 8, Subchapter 1: Underground Utility Damage Prevention and Safety, any Person disturbing any residual contamination at the site by digging, boring, excavating, dewatering, or other means, shall contact Miss Utility prior to activities to arrange for markout of all subsurface utilities, shall submit a contaminated material management plan to the Department for approval prior to work commencing, and shall be financially responsible for implementing it.

7 Del. Admin. Code § 1351-E-6.0

13 DE Reg. 1562 (06/01/10)
19 DE Reg. 773 (2/1/2016)
23 DE Reg. 581 (1/1/2020)
24 DE Reg. 806 (2/1/2021)
27 DE Reg. 533 (1/1/2024) (Final)