§ 23-19.14-5 Environmental equity andpublic participation. – (a) The department of environmental management shall consider the effects thatclean-ups would have on the populations surrounding each site and shallconsider the issues of environmental equity for low income and racial minoritypopulations. The department of environmental management will develop andimplement a process to ensure community involvement throughout theinvestigation and remediation of contaminated sites. That process shallinclude, but not be limited to, the following components:
(1) Notification to abutting residents when a work plan for asite investigation is proposed;
(2) Adequate availability of all public records concerningthe investigation and clean-up of the site, including, where necessary, theestablishment of informational repositories in the impacted community; and
(3) Notification to abutting residents, and other interestedparties, when the investigation of the site is deemed complete by thedepartment of environmental management.
(4) Whenever a site that is known to be contaminated or issuspected of being contaminated based upon its past use is considered forpossible reuse as the location of a school, child-care facility, or as arecreational facility for public use, the person proposing such reuse shall,prior to the establishment of a final scope of investigation for the site andafter the completion of all appropriate inquiries, hold a public meeting forthe purposes of obtaining information about conditions at the site and theenvironmental history at the site that may be useful in establishing the scopeof the investigation of the site and/or establishing the objectives for theenvironmental clean-up of the site. The public meeting shall be held in a cityor town in which the site is located; public notice shall be given of themeeting at least ten (10) business days prior to the meeting; and following themeeting, the record of the meeting shall be open for a period of not less thanten (10) and not more than twenty (20) business days for the receipt of publiccomment. The results of all appropriate inquiries, analysis and the publicmeeting, including the comment period, shall be documented in a written reportsubmitted to the department.
(ii) No work (remediation or construction), shall bepermitted at the property until the public meeting and comment period regardingthe site's proposed reuse has closed except where the director determines thatsuch work is necessary to mitigate or prevent:
(A) an imminent threat to human health, public safety or theenvironment; or
(B) off-site migration of known or suspected contamination.
(iii) The public notice, meeting and comment required by thissection shall be in addition to any other requirements for public notice andcomment relating to the investigation or remedy of the site and may be madepart of another meeting pertaining to the site provided that the minimumstandards established by this section for notice and comment are met. Anyinvestigation or remediation undertaken prior to the completion of the publiccomment period shall be limited to measures necessary to define and/or mitigatethe imminent threat and/or off-site migration.
(iv) The director shall establish, by regulation, standardsand practice, which are consistent with federal practices, for purposes ofsatisfying the requirement to carry out all appropriate inquiries for thepurposes of this chapter, the standard for the reporting of the results ofthose inquiries, and the process for notification to the public of the publicmeeting, the standards and practices for conducting the public meeting, andreporting on public comment.
(b) Effective until January 1, 2007, the communityinvolvement process may be coordinated, as appropriate, with the public noticeand comment opportunity provided in § 23-19.14-11.
(c) The department of environmental management will developand implement a process by which a person that is or may be affected by arelease or threatened release of a hazardous material at a site located in thecommunity in which the person works or resides may request the conduct of asite assessment; and a decision process, with objective criteria, specifyinghow the department will consider and appropriately respond to such requests.
(d) The department of environmental management will maintain,update not less than annually, and make available to the public a record ofsites, by name and location, at which remedial actions have been completed inthe previous year and are planned to be addressed under the state siteremediation and Brownfields program in the upcoming year. The public recordshall identify whether or not the site, on completion of the remedial action,will be suitable for unrestricted use and, if not, shall identify theinstitutional controls relied on in the remedy.
§ 23-19.14-5 Environmental equity andpublic participation. – (a) The department of environmental management shall consider the effects thatclean-ups would have on the populations surrounding each site and shallconsider the issues of environmental equity for low income and racial minoritypopulations. The department of environmental management will develop andimplement a process to ensure community involvement throughout theinvestigation and remediation of contaminated sites. That process shallinclude, but not be limited to, the following components:
(1) Notification to abutting residents when a work plan for asite investigation is proposed;
(2) Adequate availability of all public records concerningthe investigation and clean-up of the site, including, where necessary, theestablishment of informational repositories in the impacted community; and
(3) Notification to abutting residents, and other interestedparties, when the investigation of the site is deemed complete by thedepartment of environmental management.
(4) Whenever a site that is known to be contaminated or issuspected of being contaminated based upon its past use is considered forpossible reuse as the location of a school, child-care facility, or as arecreational facility for public use, the person proposing such reuse shall,prior to the establishment of a final scope of investigation for the site andafter the completion of all appropriate inquiries, hold a public meeting forthe purposes of obtaining information about conditions at the site and theenvironmental history at the site that may be useful in establishing the scopeof the investigation of the site and/or establishing the objectives for theenvironmental clean-up of the site. The public meeting shall be held in a cityor town in which the site is located; public notice shall be given of themeeting at least ten (10) business days prior to the meeting; and following themeeting, the record of the meeting shall be open for a period of not less thanten (10) and not more than twenty (20) business days for the receipt of publiccomment. The results of all appropriate inquiries, analysis and the publicmeeting, including the comment period, shall be documented in a written reportsubmitted to the department.
(ii) No work (remediation or construction), shall bepermitted at the property until the public meeting and comment period regardingthe site's proposed reuse has closed except where the director determines thatsuch work is necessary to mitigate or prevent:
(A) an imminent threat to human health, public safety or theenvironment; or
(B) off-site migration of known or suspected contamination.
(iii) The public notice, meeting and comment required by thissection shall be in addition to any other requirements for public notice andcomment relating to the investigation or remedy of the site and may be madepart of another meeting pertaining to the site provided that the minimumstandards established by this section for notice and comment are met. Anyinvestigation or remediation undertaken prior to the completion of the publiccomment period shall be limited to measures necessary to define and/or mitigatethe imminent threat and/or off-site migration.
(iv) The director shall establish, by regulation, standardsand practice, which are consistent with federal practices, for purposes ofsatisfying the requirement to carry out all appropriate inquiries for thepurposes of this chapter, the standard for the reporting of the results ofthose inquiries, and the process for notification to the public of the publicmeeting, the standards and practices for conducting the public meeting, andreporting on public comment.
(b) Effective until January 1, 2007, the communityinvolvement process may be coordinated, as appropriate, with the public noticeand comment opportunity provided in § 23-19.14-11.
(c) The department of environmental management will developand implement a process by which a person that is or may be affected by arelease or threatened release of a hazardous material at a site located in thecommunity in which the person works or resides may request the conduct of asite assessment; and a decision process, with objective criteria, specifyinghow the department will consider and appropriately respond to such requests.
(d) The department of environmental management will maintain,update not less than annually, and make available to the public a record ofsites, by name and location, at which remedial actions have been completed inthe previous year and are planned to be addressed under the state siteremediation and Brownfields program in the upcoming year. The public recordshall identify whether or not the site, on completion of the remedial action,will be suitable for unrestricted use and, if not, shall identify theinstitutional controls relied on in the remedy.
§ 23-19.14-5 Environmental equity andpublic participation. – (a) The department of environmental management shall consider the effects thatclean-ups would have on the populations surrounding each site and shallconsider the issues of environmental equity for low income and racial minoritypopulations. The department of environmental management will develop andimplement a process to ensure community involvement throughout theinvestigation and remediation of contaminated sites. That process shallinclude, but not be limited to, the following components:
(1) Notification to abutting residents when a work plan for asite investigation is proposed;
(2) Adequate availability of all public records concerningthe investigation and clean-up of the site, including, where necessary, theestablishment of informational repositories in the impacted community; and
(3) Notification to abutting residents, and other interestedparties, when the investigation of the site is deemed complete by thedepartment of environmental management.
(4) Whenever a site that is known to be contaminated or issuspected of being contaminated based upon its past use is considered forpossible reuse as the location of a school, child-care facility, or as arecreational facility for public use, the person proposing such reuse shall,prior to the establishment of a final scope of investigation for the site andafter the completion of all appropriate inquiries, hold a public meeting forthe purposes of obtaining information about conditions at the site and theenvironmental history at the site that may be useful in establishing the scopeof the investigation of the site and/or establishing the objectives for theenvironmental clean-up of the site. The public meeting shall be held in a cityor town in which the site is located; public notice shall be given of themeeting at least ten (10) business days prior to the meeting; and following themeeting, the record of the meeting shall be open for a period of not less thanten (10) and not more than twenty (20) business days for the receipt of publiccomment. The results of all appropriate inquiries, analysis and the publicmeeting, including the comment period, shall be documented in a written reportsubmitted to the department.
(ii) No work (remediation or construction), shall bepermitted at the property until the public meeting and comment period regardingthe site's proposed reuse has closed except where the director determines thatsuch work is necessary to mitigate or prevent:
(A) an imminent threat to human health, public safety or theenvironment; or
(B) off-site migration of known or suspected contamination.
(iii) The public notice, meeting and comment required by thissection shall be in addition to any other requirements for public notice andcomment relating to the investigation or remedy of the site and may be madepart of another meeting pertaining to the site provided that the minimumstandards established by this section for notice and comment are met. Anyinvestigation or remediation undertaken prior to the completion of the publiccomment period shall be limited to measures necessary to define and/or mitigatethe imminent threat and/or off-site migration.
(iv) The director shall establish, by regulation, standardsand practice, which are consistent with federal practices, for purposes ofsatisfying the requirement to carry out all appropriate inquiries for thepurposes of this chapter, the standard for the reporting of the results ofthose inquiries, and the process for notification to the public of the publicmeeting, the standards and practices for conducting the public meeting, andreporting on public comment.
(b) Effective until January 1, 2007, the communityinvolvement process may be coordinated, as appropriate, with the public noticeand comment opportunity provided in § 23-19.14-11.
(c) The department of environmental management will developand implement a process by which a person that is or may be affected by arelease or threatened release of a hazardous material at a site located in thecommunity in which the person works or resides may request the conduct of asite assessment; and a decision process, with objective criteria, specifyinghow the department will consider and appropriately respond to such requests.
(d) The department of environmental management will maintain,update not less than annually, and make available to the public a record ofsites, by name and location, at which remedial actions have been completed inthe previous year and are planned to be addressed under the state siteremediation and Brownfields program in the upcoming year. The public recordshall identify whether or not the site, on completion of the remedial action,will be suitable for unrestricted use and, if not, shall identify theinstitutional controls relied on in the remedy.
