VRP-004 Rev. 1/7/00
Guidance for Ensuring Site Compliance with Conditional Certificates of Completion
1.0 Purpose
This guidance document outlines steps that the New Mexico Environment Department (NMED) will take to ensure that use of sites remediated through the New Mexico Voluntary Remediation Program (VRP) remain consistent with the terms of their respective Conditional Certificates of Completion. 2.0 Definitions
The words and phrases used in this policy have the same meaning as in the New Mexico Voluntary Remediation Act (VRA), NMSA 1978, Sections 74-4G-1 et seq. and the New Mexico Voluntary Remediation Regulations (VRR), 20 NMAC 6.3. 3.0 Applicability
This guidance document is applicable to sites completed through the VRP. Furthermore, this guidance document is applicable to those sites where the final remedy included an affirmation of future non-residential land use or where a Conditional Certificate of Completion was issued. 4.0 Background
The VRA and the VRR allow NMED to rescind the Certificate of Completion, Conditional Certificate of Completion, and Covenant Not to Sue under certain circumstances. Specifically, Section 74-4G-9(B) of the VRA and Section 701(B) of the VRR provide for recision if execution of the voluntary remediation agreement did not adhere to the terms and conditions of the agreement or voluntary remediation work plan. Section 701(C) of the VRA allows for recision if any monitoring requirements, engineering controls, remediation systems, post-closure care, or affirmation of future non-residential land use upon which the final remedy is dependant are not being implemented satisfactorily. 5.0 Ensuring Compliance With Terms of the Voluntary Remediation Agreement at VRP Sites
NMED will ensure restrictions on Conditional Certificates of Completion (including land use restrictions) at sites remediated through the VRP by conducting periodic and random site audits. All sites that have been issued a conditional certificate of completion or where the final remedy included restrictions of future use of the site will be audited at least once every five years until the restrictions are removed by NMED. Random audits also will be conducted periodically. The VRP Program Manager will determine the number of random audits each year. All audits will be documented on a form (see Attachment 1 of this document) and a record of each audit will be recorded in the VRP
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database. Audits may include the use of GIS, collection of samples, or any other measures necessary to ensure compliance with the Conditional Certificate of Completion.
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Attachment 1 VRP Site Audit Form
Site Name VRP Participant Present Property Owner Date of Completion Documents Issued Land Use Restriction? Yes / No Type Yes / No VRP Site Number Audited By Date Date Last Audited
Are Restrictions Being Implemented? Describe Overall Site Conditions:
Monitoring Requirements?
Yes / No
Type Yes / No
Is a Monitoring Program in Place? Describe the Monitoring Program:
Engineering Controls in Place?
Yes / No
Type Yes / No
Are Engineering Controls Being Implemented? Describe Condition of Engineering Controls:
Remediation Systems in Place?
Yes / No
Type Yes / No
Are Remediation Systems Operational and Effective? Describe Condition of Remediation Systems:
Other Post-Closure Care Systems in Place?
Yes / No
Type
Are Post-Closure Care Systems Operational? Describe Conditions of Post-Closure Care Systems:
Yes / No
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