Section R315-101-8 - Contents of a Site Management Plan, Land Use Controls, Environmental Covenants, Restrictions, Controls and Conditions(a) The content of the site management plan. The site management plan to be approved by the director shall contain at a minimum:(1) a legal description of the site including a legal plat map, a copy of the recorded deed showing ownership, and documents showing all liens;(2) a summary of the media investigations conducted at the site including the characterization, delineation and listing of identified constituents of potential concern and contaminants of concern;(3) a summary of the completed human health risk assessment and ecological risk assessment performed in accordance with Section R315-101-5;(4) an implementation schedule of the site management plan within the site;(5) a description of the groundwater conditions under the site and within the impacted aquifer, as defined in a site characterization report and including activity and use limitations for potable, culinary, domestic, process, irrigation or any other groundwater uses;(6) a complete list of the persons or entities that have rights of reasonable access to the site at any time after the effective date of the site management plan for activities such as monitoring and compliance with the site management plan, along with any other terms and conditions of the site management plan; (i) the site management plan shall also indicate that persons with legal interest in land and those subject to the site management plan are required to allow compliance with the site management plan;(7) provisions that the director, and the director's authorized officers, employees, or representatives may at any reasonable time and upon presentation of appropriate credentials, have access to the site to monitor, sample or determine compliance with the site management plan or environmental covenant;(8) a list of the contact names and information for site management plan inquiries; and(9) a general description of any site-specific groundwater monitoring including: (i) a general overview of the proposal;(ii) a summary of site groundwater conditions; and(iii) the current and potential uses of groundwater and the contaminants of concern.(b) Activities related to monitoring potential contamination of the groundwater at the site shall be conducted under an approved groundwater monitoring plan. The responsible party shall submit a draft plan to the director and shall not proceed with any portion of the plan until the director has given written approval.(1) Based on the results of the groundwater monitoring, the potential need for additional site management activities shall be evaluated and implemented, if necessary, to protect human health and the environment. Groundwater monitoring shall be the responsibility of the property owner and its assignees.(c) If an existing groundwater monitoring well is lost, abandoned, destroyed, or needs to be relocated for development purpose, the owner shall replace the wells in an area that provides the groundwater data required by the site management plan. Any proposal to replace groundwater monitoring wells requires review and approval by the director. If drinking water wells are proposed, the responsible party shall provide prior notice to the director after obtaining either any necessary permits approval or both for the installation of the proposed drinking water wells by the appropriate state, local or other regulatory agencies.(d) Site management plan modification and termination. The site management plan shall be subject to review and may be terminated or modified as follows.(1) If groundwater sampling data within the site or off-site property indicates that approved groundwater corrective action levels found in Subsections R315-101-4(f)(15), R315-101-6(a)(3)(i), and R315-101-7(k)(4), as applicable, have been met for the site or impacted off-site property, the responsible party may request modification or termination of the groundwater monitoring program, as follows:(i) groundwater data shall be evaluated using a statistical corrective action test in accordance with the "Statistical Analysis of Groundwater Monitoring Data at RCRA Facilities, Unified Guidance," US EPA, or the "Groundwater Statistics and Monitoring Compliance Guidance Document," Interstate Technology Regulatory Council (ITRC), as incorporated by reference in Section R315-101-12;(ii) a demonstration that future levels of contamination will not exceed the approved groundwater corrective action levels; and(iii) land use controls, either engineering or institutional or both, shall be relied upon to ensure protection of human health and the environment if the approved corrective action levels are more than the drinking water standards, maximum contaminant levels.(2) If soil sampling data, including soil vapor, within the site or off-site indicate corrective action levels as found in Section R315-101-6 have been met for the soil portion of the site, the owner may request a modification or termination of the section of the site management plan addressing soil management at the site or at an impacted off-site property.(3) If the owner or responsible party satisfies Subsections R315-101-8(d)(1) and R315-101-8(d)(2) and, in addition, meets the requirements defined in Subsection R315-101-7(a), the owner may request a corrective action complete without controls determination or a no further action determination.(4) If Subsection R315-101-8(d)(3) is satisfied, a request for termination of the site management plan and the environmental covenant may be submitted to the director for approval.(5) The director may require public comment on any modifications or termination of the approved site management plan and environmental covenant in accordance with Section R315-101-10.(6) The director may require a re-evaluation of the approved risk assessment, the site management plan and the environmental covenant upon receipt of new information or data that brings into question the protectiveness of the existing site management plan.(e) Land use controls. (1) The site management plan shall identify land use limitations for the site, such as residential, industrial, commercial, recreational, agricultural or any other comparable use with a similar level of human occupancy and exposure. The site management plan shall also identify the land use controls to be placed upon the site. Any subsequent plans for development of the site shall demonstrate to the director that the level of risk present for the proposed use shall not exceed the applicable risk levels specified in the site management plan.(2) The site management plan shall contain as many land use controls, institutional and engineering, as is deemed necessary to protect human health and the environment. Controls may include maintaining pavement, capping, soil excavation restrictions, and groundwater use limitations. Each control shall be approved by the director.(3) The proposed land use controls shall be developed and included in the site management plan.(4) Land use controls shall be used at any site where cumulative carcinogenic risk exceeds a level of 1x10-6 but is less than 1x10-4 after cleanup or as indicated by the approved risk assessment report.(5) Land use controls shall ensure that pathways of exposure to contaminants of concern remain incomplete for as long as there are contaminants of concern remaining that could pose an unacceptable risk to human health or the environment.(6) Land use controls shall be enforceable pursuant to Section 57-25-111 and consistent with the risks posed by the contaminants of concern reported in the approved risk assessment report. The responsible party, or a subsequent landowner who assumes the responsibility of maintaining land use controls, shall be responsible for reimbursing the agency for any costs associated with periodic administrative oversight to ensure that land use controls are maintained and are in compliance with the site management plan. Costs shall not exceed the authorized statutory rate for technical oversight by the agency at the time of service.(f) An environmental covenant. An environmental covenant pursuant to Sections 57-25-101 through 57-25-114 shall be required for each site unless it has been documented that any contaminants of interest at the site are at or below background levels or the following requirements have been met:(1) the level of risk is less than or equal to 1x10-6 for carcinogens and the hazard index is less than or equal to one for non-carcinogens pursuant to the risk assessment conducted assuming the land use exposure scenario defined in Subsection R315-101-5(g)(1);(2) the ecological effects have been determined to be insignificant; and(3) there are no current or potential future impacts to groundwater.(g) The content of the environmental covenant. The environmental covenant shall contain at a minimum: (1) a brief narrative description of the contamination and remedy;(2) a list of the constituents of potential concern and contaminants of concern;(3) a list of the exposure pathways;(4) the limits of exposure;(5) the locations and extent of the contamination;(6) a brief narrative description of land use limitations for the site;(7) any groundwater use limitations;(8) any ground surface use limitations; and(9) any worker safety limitations.(h) For all legal interests in the subject property created after the recording of the environmental covenant and for all interests voluntarily subordinated to the environmental covenant the environmental covenant shall indicate that persons with legal interest in land and those subject to the site management plan are required to maintain compliance with the site management plan.(i) The environmental covenant shall include provisions that the director, and the director's authorized officers, employees, or representatives may at any reasonable time and upon presentation of appropriate credentials, have access to the site to monitor, sample or determine compliance with the site management plan or the environmental covenant.(j) The terms and conditions of the land use controls established on the property shall be consistent with the environmental covenant recorded for the site.(k) Within 30 days of the director signing the environmental covenant, the owner shall record the approved environmental covenant with the county recorder's office, and within 30 days of recording shall submit a copy of the recorded document to the director.(l) Restrictions, controls and conditions. Restrictions, controls and conditions specified in the environmental covenant and the site management plan shall be enforceable by the director under Section 57-25-111 and Rule R315-101.Utah Admin. Code R315-101-8
Amended by Utah State Bulletin Number 2023-07, effective 3/15/2023