7 CCR 1101-14-5-4 - No Further Action Request

The owner/operator may request No Further Action (NFA) for a release when the owner/operator can demonstrate that contamination is at concentrations that are protective of human health and the environment at all POE(s) and that data collected confirms no future risk according to the RBCA process. NFA can be requested under Tier I and Tier II closure criteria at any time when the conditions are met. Tier III and Tier IV closure criteria will only be considered after corrective action measures have been implemented, contamination has been removed to the maximum extent practicable and all other closure conditions are met.

An NFA determination will be based on the empirical data provided, fate and transport modeling, current property use and exposure to known contamination. The release event may be re-opened if subsequent information indicates a change in exposure scenarios. OPS cannot release the owner or operator from any liability that may be associated with any contamination at or from this site.

In order to reduce the potential for risk of exposure to contamination, the owner/operator must contact OPS immediately if the function of the property is modified for a different use and the new use does not include dispensing of petroleum products.

Notes

7 CCR 1101-14-5-4

37 CR 18, September 25, 2014, effective 10/15/2014 39 CR 18, September 25, 2016, effective 1/1/2017 40 CR 05, March 10, 2017, effective 5/1/2017 40 CR 07, April 10, 2017, effective 5/1/2017 41 CR 07, April 10, 2018, effective 5/1/2018 42 CR 04, February 25, 2019, effective 3/17/2019