130A-310.12.  Administrative procedure; adoption of rules.

(a)        The provisions of Chapter 150B of the General Statutes apply to this Part.  The Commission shall adopt rules for the implementation of this Part.

(b)        The Commission shall adopt rules governing the selection and use of private environmental consulting and engineering firms to implement and oversee voluntary remedial actions by owners, operators, or other responsible parties under G.S. 130A-310.9(c). Rules adopted under this subsection shall specify:

(1)        Standards applicable to private environmental consulting and engineering firms.

(2)        Criteria and procedures for approval of firms by the Department.

(3)        Requirements and procedures under which the Department monitors and audits a voluntary remedial action to ensure that the voluntary remedial action complies with applicable federal and State law, regulations, and under which the owner, operator, or other responsible party reimburses the Department for the cost of monitoring and auditing the voluntary remedial action.

(4)        Any financial assurances that may be required of an owner, operator, or other responsible party.

(5)        Requirements for the preparation, maintenance, and public availability of work plans and records, reports of data collection including sampling, sample analysis, and other site testing, and other records and reports that are consistent with the requirements applicable to remedial actions generally. (1987, c. 574, ss. 2, 5; 1993 (Reg. Sess., 1994), c. 598, s. 2; 1995, c. 327, s. 3.)