SECTION 165:29-3-81. Property owners affected by releases; notice

(a)   Upon confirmation that soil and/or groundwater contamination is above action levels, owners or operators must, at a minimum, notify adjacent or abutting property owners that have been, or may be impacted by the release. This notice should be made just after delineation of the release to Tier 2 clean-up levels or prior to a case closure based on Tier 1A modified RBSL's. The notice, unless otherwise directed by the PSTD, must include at a minimum:

(1)   The origin and extent of the release; impacted party, upon written request to owner/operator may receive reports;

(2)   The nature of the substance(s) released;

(3)   The name, address and telephone number of the owner or operator or his or her designee who may be contacted for more information about the release;

(4)   The phone number and name of the Project Environmental Analyst at the PSTD whom the property owner can contact for additional information.

(5)   If an adjacent or abutting property owner that has been or may be impacted by a release requests, in writing, copies of all reports, it is the responsibility of the owner/operator to assure past and future reports are delivered to the requesting property owner.

(b)   For each confirmed release that requires remediation or closure by a risk assessment or Risk-Based Corrective Action, the owner or operator must notify property owners that have been or may be impacted by the release and provide:

(1)   The origin and extent of the release;

(2)   The nature of the substance(s) released;

(3)   A description of any planned remedial action or closure based upon a risk assessment of the release;

(4)   The name, address and telephone number of the owner or operator or his or her designee and of the PSTD Project Environmental Analyst working on the case who may be contacted for more information about the release, including any planned response action; and

(5)   A statement that additional information about the release, including any planned response action, is on file with the PSTD and available for public review.

(c)   The notices required by this Section must be given by certified mail/return receipt requested. Copies of the return receipts must be included in the Public Participation Report submitted to the PSTD.

(d)   The PSTD must ensure that any and all information concerning the release is made available to the public for review upon request.

(e)   Before approving a remediation plan or closure based upon risk assessment, the PSTD may hold a public meeting to consider comments on the proposed remediation plan or closure if there is sufficient public interest, or for any other reasons. If no comments have been received within thirty (30) days of the receipt date of the certified mail notice letters required by paragraph (c) of this Section, then remediation or closure activities may commence. Any public comments related to the proposed remediation or case closure must be submitted in writing to the OCC to the attention of the PSTD Project Environmental Analyst working on this case, whose name and address will be on the notice letter.

(f)   The notice required by this Section must also be given;

(1)   after implementation of an approved Remedial Action Plan that does not achieve the cleanup levels established in the plan, and

(2)   when termination of the plan is subsequently approved by the PSTD.

[Source: Added at 17 Ok Reg 2317, eff 6-26-00; Amended at 18 Ok Reg 1085, eff 5-11-01; Amended at 22 Ok Reg 1785, eff 7-1-05; Amended at 26 Ok Reg 1841, eff 7-1-09; Amended at 30 Ok Reg 594, eff 7-1-13; Amended at 37 Ok Reg 1157, eff 10-1-20]