NAC444.7499. Remedy deemed complete; certification of completion.

     1. A remedy selected pursuant to NAC 444.7494, 444.7495 and 444.7496 shall be deemed to be complete when each of the following occurs:

     (a) The owner or operator complies with the standards for the protection of groundwater established pursuant to NAC 444.7492 at all points within the plume of contamination which lie beyond the system of wells for monitoring the groundwater established pursuant to NAC 444.7483.

     (b) The owner or operator demonstrates that concentrations of constituents listed in Appendix II have not exceeded the standards for the protection of groundwater for a period of 3 consecutive years using the statistical procedures and performance standards set forth in NAC 444.7485. The solid waste management authority and Administrator may specify an alternative length of time during which the owner or operator may demonstrate that concentrations of constituents listed in Appendix II have not exceeded the standards for the protection of groundwater, taking into consideration the:

          (1) Extent and concentration of the release;

          (2) Behavioral characteristics of the constituents in the groundwater;

          (3) Accuracy of monitoring or modeling techniques, including any seasonal, meteorological or other environmental variables which may affect the accuracy of those techniques; and

          (4) Characteristics of the groundwater.

     (c) All actions required to complete the remedy have been taken.

     2. Within 14 days after the completion of the remedy, the owner or operator shall notify the solid waste management authority that a certification that the remedy has been completed in compliance with the requirements of subsection 1 has been placed in the operating records of the disposal site. The certification must be signed by the owner or operator and a qualified groundwater scientist and approved by the solid waste management authority.

     3. When, upon completion of the certification, the solid waste management authority determines that the remedy for corrective action has been completed in accordance with the requirements of subsection 1, the owner or operator is no longer required to comply with the requirements for financial assurance for corrective action pursuant to NAC 444.6852.

     (Added to NAC by Environmental Comm’n, eff. 11-8-93)