250 R.I. Code R. 250-RICR-140-30-1.8

Current through December 26, 2024

Section 250-RICR-140-30-1.8 - Site Investigation .

1.8.1 Site Investigation

A. The Director may require a Performing Party for any Contaminated-Site to conduct, in a specified amount of time, an investigation of the Contaminated-Site to adequately assess the nature and extent of contamination, and to evaluate and design a proposed remedy. The Director shall base the decision to require the investigation on the available information regarding the mobility, toxicity and volume of the Hazardous Material Released and the resultant potential for harm to human health or the environment.

B. The Site Investigation shall determine the nature and extent of the Contaminated-Site and the actual and potential impacts of the Release. Remedial alternatives shall be considered and data generated during the Site Investigation shall be in such a form and substance as to aid in the selection of a remedy for the Contaminated-Site that is protective of both human health and the environment.

C. The scope of the Site Investigation shall be tailored to specific conditions and circumstances at the site under investigation using professional judgment. The Remedial Investigation may be conducted in phases which may focus on specific Releases, Source Areas or exposure pathways.

D. A Performing Party shall complete a site investigation in accordance with § 1.8 of this Part, as required by the Director, and submit a site investigation report in both hard copy and electronic format (as specified by the Department) for review and approval.

E. Whenever a site that is known to be contaminated or is suspected of being contaminated based upon its past use is considered for possible reuse as the location of a School, Child-Care Facility, or as a Recreational Facility for Public Use that supports existing or proposed Active Recreation, the Performing Party must complete All Appropriate Inquiries (AAI), as defined in these regulations, and conduct the public notification and public involvement processes required by §1.8.7(A)(3) of this Part prior to the initiation of the Site Investigation. In addition, the Performing Party is hereby required to post a sign at the Contaminated Site in accordance with the specific sign requirements detailed in this section.

F. The Performing Party shall post signs at all Contaminated-Sites located in Environmental Justice Focus Areas to inform local residents about the project. When deemed appropriate signs will be required to be posted in a language (or languages) other than English. Signs shall be:

1. At least four (4) feet by six (6) feet in size;

2. Posted for at least thirty (30) days minimum and from a date one week prior to the initiation of field work for the Site Investigation to a date at least one week following the issuance of either an Interim Letter of Compliance or Letter of Compliance or other official communication from the Department that no further action is necessary, or for a twelve (12) month maximum period,

3. Maintained in legible condition by the Performing Party;

4. Clearly visible from the nearest public highway/road; and

5. Include the name/phone number/address of an individual from whom any interested person may obtain information about the site or remediation and any web site address containing such information.

1.8.2Site Investigation Work Plan

Upon formal written notification from the Department that a Site Investigation is necessary, the Performing Party may develop, and submit to the Department for review, comment, guidance and approval, a work plan detailing the specific objectives of the Site Investigation, the data that is necessary to meet those objectives, and the methods which will be used to collect that data. Unless otherwise specified by the Director, submittal of the Site Investigation Work Plan is voluntary. If the Performing Party elects to submit a Site Investigation Work Plan to the Department, that work plan shall be submitted in both hard copy and electronic format (as specified by the Department).

1.8.3 Site Investigation Scope

A. The Site Investigation Report shall contain the following information on the Contaminated-Site where the spill or Release occurred, as appropriate:

1. A list of specific objectives of the Site Investigation identifying all data collected to completely characterize the Contaminated-Site, the Release, the impacts of the Release and to select a remedy;

2. All information previously reported in a Notification of Release required by §1.6.1 of this Part and an Emergency and Short-Term Response Report required by §1.7.9 of this Part, if applicable. The Performing Party may elaborate and expand on any and all information found in those reports. The Performing Party shall correct any incorrect information or interpretations contained in those reports prior to their incorporation into the Site Investigation Report;

3. Documentation of any past incidents or releases (fires, spills, explosions, leaks, etc.);

4. A list of past Owners and Operators at the Contaminated-Site including their past uses of the property, a sequencing of property transfers and time periods of occupancy to the extent that this information is available;

5. All previously existing environmental information which characterizes the Contaminated-Site and all information that led to the discovery of a Contaminated-Site;

6. A description of the current uses and zoning of the Contaminated-Site including a brief statement on each active operation performed therewith, a description of the processes employed, a list of all wastes generated, a list of all Hazardous Materials handled, and a statement summarizing any Residential Activity on the Contaminated-Site;

7. A locus map showing the location of the Contaminated-Site using the U.S. Geological Survey 7.5 minute quadrangle map or a copy of a section of that U.S.G.S. map;

8. A site plan, drawn to scale, showing the locations of all buildings, activities and structures on the Contaminated-Site including, but not limited to:

a. A North arrow;

b. Wells;

c. Underground injection control systems, septic tanks, underground storage tanks, piping and other underground structures;

d. Outdoor Hazardous Material storage and handling areas, and extent of paved areas;

e. The location of all environmental samples previously taken at the Contaminated-Site;

f. All waste management and disposal areas, active and/or historical; and g. Property lines;

9. A general characterization of the property surrounding the area affected by the Release including, but not limited to:

a. The location and distance to any surface water bodies within five hundred (500) feet of the Contaminated-Site;

b. The location and distance to any Environmentally Sensitive Areas within five hundred (500) feet of the Contaminated-Site;

c. The actual sources of potable water for all properties immediately abutting the Contaminated-Site;

d. The location and distance to all public water supplies which have been active within the previous 2 years and within one (1) mile of the Contaminated-Site;

e. A determination as to whether the Release impacts any off-site area utilized for residential or industrial or commercial property or both; and f. A determination of the underlying groundwater classification and if the classification is GB, the distance to the nearest GA/GAA area;

10. Classifications of surface water and ground water at or surrounding the Contaminated-Site which could be potentially impacted by the Release of Hazardous Materials;

11. A description of the contamination resulting from the Release including, but not limited to:

a. Free liquids on the surface;

b. Concentrations of Hazardous Substances which can be shown to present an actual or potential threat to human health, including, but not limited to, any concentrations of Hazardous Substances in excess of any of the remedial objectives listed in Tables 1 or 2, §§1.9.2(C)(2) or (3) of this Part, or Tables 3 or 4, §§1.9.3(F)(4) or (5) or 1.13 of this Part;

c. A determination/opinion as to whether the Release of Hazardous Material has the potential to adversely impact an Environmentally Sensitive Area;

d. Contamination of man-made structures;

e. Odors or stained soil;

f. Stressed vegetation;

g. The presence of excavated or stockpiled material and an estimate of its total volume;

h. Environmental sampling locations, sampling procedures and copies of the results of any analytical testing undertaken at the Contaminated-Site; and i. A list of the Hazardous Substances at the Contaminated-Site;

12. The concentration gradients of Hazardous Substances throughout the Contaminated-Site for each media impacted by the Release of Hazardous Materials;

13. The methodology and results of any investigation conducted to determine background concentrations of Hazardous Substances identified at the Contaminated-Site (for arsenic in soil - see § 1.13 of this Part);

14. A listing and evaluation of the site-specific hydrogeological properties that could influence the migration of Hazardous Substances throughout and away from the Contaminated-Site, including but not limited to, where appropriate:

a. The depth to groundwater;

b. The presence and effects of both the natural and man-made barriers to and conduits for contaminant migration;

c. A characterization of the bedrock; and d. The groundwater contours, flow rates and gradients throughout the Contaminated-Site;

15. A characterization of the topography and surface water and run-off flow patterns, including the flooding potential, of the Contaminated-Site;

16. The potential for Hazardous Substances from the Contaminated-Site to volatilize and any and all potential impacts of the volatilization to structures within the Contaminated-Site;

17. The potential for entrainment of Hazardous Substances from the Contaminated-Site by wind or erosion actions;

18. Detailed protocols for all fate and transport models used in the Site Investigation;

19. A complete list of all samples taken, the location of all samples, parameters tested for and analytical methods used during the Site Investigation;

20. Construction plans and development procedures for all monitoring wells. Well construction shall be consistent with the requirements of the Groundwater Quality Rules, Part 150-05-3 of this Title;

21. Procedures for the handling, storage and disposal of wastes derived from and during the investigation if such procedures deviate from the Department's Guidelines for the Management of Investigation Derived Waste (Policy Memo 95-01) which can be found on the Department's Office of Land Revitalization and Sustainable Materials Management Site Remediation web page at

http://www.dem.ri.gov/programs/wastemanagement/site-remediation/#geninfo);

22. A quality assurance and quality control evaluation summary report for sample handling and analytical procedures, including, but not necessarily limited to, chain-of-custody procedures and sample preservation techniques;

23. A detailed explanation of how the Public Involvement requirements set forth in §1.8.7 of this Part were met.

24. Any other site-specific factor that the Director has reason to believe is necessary to make an accurate decision as to the appropriate Remedial Action to be taken at the Contaminated-Site.

1.8.4 Development of Remedial Alternatives

A. The Site Investigation Report shall contain a section proposing remedial alternatives. This section shall contain a minimum of two remedial alternatives other than the no action/natural attenuation alternative unless this requirement is waived by the Department. It should be clear in this section which of these alternatives is most preferable. Cost effectiveness, and permanency of the remedial alternatives may be used to support the selection of the preferred alternative.

B. All alternatives shall be supported by relevant data contained in the Site Investigation Report and consistent with the current and reasonably foreseeable land usage, and documentation of the following:

1. Compliance with §§ 1.9 and 1.13 of this Part;

2. Technical feasibility of the preferred remedial alternative;

3. Compliance with state and local laws and regulations, or other public concerns; and

4. The ability of the Performing Party to perform the preferred remedial alternative.

1.8.5Certification Requirements

A. The Site Investigation Report and all associated progress reports shall include the following statements signed by an authorized representative of the party specified:

1. A statement signed by an authorized representative of the Person who prepared the Site Investigation Report certifying the completeness and accuracy of the information contained in that report to the best of their knowledge; and

2. A statement signed by the Performing Party responsible for the submittal of the Site Investigation Report certifying that the report is a complete and accurate representation of the Contaminated-Site and the Release and contains all known facts surrounding the Release to the best of their knowledge.

1.8.6Progress Reports

Unless otherwise specified by the Director, the Performing Party shall during the implementation of the Site Investigation, submit periodic progress reports in both hard copy and electronic format (as specified by the Department) on the status of the investigation and interim reports on any milestones achieved in the project.

1.8.7Public Involvement

A. Public Notice: Public Notice is required at two (2) points during the Site Investigation.

1. Prior to conducting Site Investigation field activities at a known Contaminated-Site, the Performing Party shall notify all abutting property owners, tenants, easement holders, and the municipality that investigation activities are about to occur; and

2. When the Site Investigation is deemed complete, the Department will issue a program letter confirming that the Performing Party has adequately assessed the nature and extent of contamination at the Contaminated-Site. Prior to the formal Department approval of the Site Investigation Report (in the form of a Remedial Decision Letter), the Performing Party shall notify all abutting property owners, tenants, easement holders, the municipality, and any community well suppliers associated with any well head protection areas which encircle the Contaminated-Site, that the investigation is complete and provide them with the findings of the investigation and any proposed remedial alternative which includes on-site treatment and/or containment of Hazardous Materials as part of the final remedy.

3. Whenever a site that is known to be contaminated or is suspected of being contaminated based upon its past use is considered for possible reuse as the location of a School, Child-Care Facility, or as a Recreational Facility for Public Use that supports existing or proposed Active Recreation, the person proposing such reuse shall, prior to the establishment of a final scope of investigation for the site and after the completion of All Appropriate Inquiries, hold a public meeting for the purposes of obtaining information about conditions at the site and the environmental history at the site that may be useful in establishing the scope of the investigation of the site and/or establishing the objectives for the environmental clean-up of the site. The public meeting shall be held in the city or town in which the site is located; public notice shall be given of the meeting at least ten (10) business days prior to the meeting; public notice of the meeting shall be provided to all abutting property owners, tenants, easement holders and the municipality; the public meeting shall be conducted in a manner consistent with the requirements in §1.8.7(C) of this Part regarding Community Meetings; and following the meeting, the record of the meeting shall be open for a period of not less than ten (10) and not more than twenty (20) business days for the receipt of public comment. The results of All Appropriate Inquiries, analysis and the public meeting, including the comment period, shall be documented in a written report submitted to the Department in both hard copy and electronic format (as specified by the Department) within 72 hours of the meeting.

a. No work (remediation or construction), shall be permitted at the property until the public meeting and comment period regarding the site's proposed reuse has closed except where the Director determines that such work is necessary to mitigate or prevent:

(1) An imminent threat to human health, public safety or the environment; or

(2) Off-site migration of known or suspected contamination.

b. The public notice, meeting and comment period required by this section shall be in addition to any other requirements for public notice and comment relating to the investigation or remedy of the site and may be made part of another meeting pertaining to the site provided that the minimum standards established by this section for notice and comment are met. Any investigation or remediation undertaken prior to the completion of the public comment period shall be limited to measures necessary to define and/or mitigate the imminent threat and/or off-site migration.

B. Fact Sheets and Enhanced Communication For Contaminated-Sites located in Environmental Justice Focus Areas, the Performing Party shall prepare a site specific fact sheet presenting the known history of the site, the suspected contamination (based on both historical uses and existing environmental information), the point in the process where the Contaminated-Site is and the expected path moving forward, and the Department's contact information for the site. Draft fact sheets shall be submitted to the Department in both hard copy and electronic format (as specified by the Department) along with a proposed communications plan on how to effectively disseminate the information in the community around the Contaminated-Site. Said materials shall be submitted to the Department prior to the commencement of the public notice specified in §1.8.7(A) of this Part. Information to be provided to the community shall include, at a minimum, the final approved site specific fact sheet and informational materials about the Department and the Department's Site Remediation and Brownfields program, which will be provided by the Department. When appropriate, such materials will be required to be provided in a language (or languages) other than English. After review and approval, the Performing Party shall implement the communications plan.

C. Community Meetings

1. Whenever requested by twenty-five (25) persons, or by a governmental subdivision or agency, or by an association having not less than twenty-five (25) members, who are either located near a Contaminated-Site or are potential users of the Contaminated-Site after redevelopment, an initial community meeting will be held. The request for said community meeting shall be submitted in writing to the Performing Party and the Department. The purpose of the meeting is to:

a. Disseminate information about the Department's Site Remediation program and the specific Contaminated-Site of interest;

b. Document community comments and concerns about the investigation, clean-up, and reuse of the Contaminated-Site; and c. Engage in a dialogue with the public about the Contaminated-Site.

2. Community meetings will be organized by the Performing Party and will be accessible to those who wish to attend (considering public transportation and access for disabled). All meetings will be held at a time and place convenient to all participants. An atmosphere of "equal participation" among all involved should be established - avoiding panels, head tables, or auditorium presentations. Translation assistance for non-English speakers shall be provided by the Performing Party when appropriate.

3. A written summary of all public meetings must be submitted to the Department in both hard copy and electronic format (as specified by the Department) by the Performing Party within 72 hours of the meeting. At a minimum, the written meeting summary must:

a. Identify the main issues of concern to the community, including efforts at the meeting to draw out local knowledge about the Contaminated-Site, concerns about the investigation and clean-up, and any concerns about the reuse plan;

b. Document requests by the community for a continued dialog, including the requested form and frequency; and c. Formulate a proposed response to the issues raised through specific, clear action items and schedules.

D. Information Repositories

1. When the Department receives a request to make information more available in the community, the Department may require the Performing Party to establish an informational repository in the community near the Contaminated-Site in accordance with the following requirements:

a. The information repository shall contain all documents, reports, data, and information deemed necessary by the Department to fulfill the purposes for which the repository is established.

b. The information repository shall be located and maintained at a location chosen by the Performing Party. If the Department finds the location unsuitable for the purposes and persons for which it was established, due to problems with the location, hours of availability, access, or other relevant considerations, then the Department shall specify a more appropriate site.

c. The Performing Party shall be responsible for maintaining and updating the repository with appropriate information throughout a time period specified by the Department. The Performing Party may close the repository when either an Interim Letter of Compliance or final Letter of Compliance is issued for the site, or, after petitioning the Department, if the Department determines that there is no longer a need to maintain the repository in the community.

d. The Department may require the Performing Party to create an electronic repository in lieu of or in addition to a repository located in the community.

E. Public Involvement Plans The Performing Party shall develop, and submit to the Department for review and approval in both hard copy and electronic format (as specified by the Department), a site-specific public involvement plan for any Contaminated-Site for which the Department has received a Notification of Release and for which a minimum of twenty-five (25) residents, local officials or other interested parties have requested, in writing and in the form of a petition, that a formal process be set up for their participation in cleanup planning. The Public Involvement Plan shall address all relevant and applicable requirements of §§1.8.7(A) through (D) of this Part.

1.8.8Site Investigation Report

A. A completed Site Investigation Report shall contain all the information set forth in §§1.8.3, 1.8.4 and 1.8.5 of this Part as necessary and appropriate to meet the goals of the Site Investigation. The Site Investigation Report shall be submitted to the Department, in both hard copy and electronic format (as specified by the Department), with the Site Investigation Submission Checklist (§ 1.20 of this Part) for review and approval upon completion (the Checklist can also be found on the Department's Office of Land Revitalization and Sustainable Materials Management Site Remediation Program web page at

http://www.dem.ri.gov/programs/wastemanagement/site-remediation/#process). If the Site Investigation Report is deemed unacceptable by the Department, the Department will identify the reasons why the report is unacceptable and direct the Performing Party to correct the deficiencies.

B. All sources of information and assumptions presented in the Site Investigation Report and any other report incorporated therein shall be properly referenced and documented.

1.8.9Remedy Selection

A. Upon completion of the Site Investigation Report the Director shall issue a Remedial Decision Letter, identifying the preferred remedial alternative. All preferred remedial alternatives which include on-site treatment and/or containment of Hazardous Materials as part of the final Contaminated-Site remedy shall be subject to public notice as specified in §1.8.7 of this Part, and shall be subject to public review and comment regarding the technical feasibility of such preferred remedial alternative prior to issuance of the Remedial Decision Letter. If none of the proposed remedial alternatives are acceptable, the Director shall require the Performing Party to consider other remedial alternatives.

B. The Director's decision regarding the appropriateness of the site remedy shall be based upon the information contained within the decision record for the Contaminated-Site. The decision record shall include the following:

1. A finalized Site Investigation Report, specifically §1.8.4 of this Part; and

2. A final response, approved by the Department, to substantive public comments required by §1.8.7 of this Part. If the responses to comment are prepared by the Performing Party, the responses shall be approved by the Department in order for the responses to be considered final.

250 R.I. Code R. 250-RICR-140-30-1.8

Amended effective 4/22/2020