(a) Public
notice under the background, Statewide health or site-specific standard and
under a special industrial area cleanup shall be initiated by the applicant
through an NIR. For remediations proposing the use of a site-specific standard
or, for remediations under an SIA agreement, the public and the municipality
where the site is located shall be provided a 30-day period, in the NIR, in
which the municipality may request to be involved in the development of the
remediation and reuse plans for the site.
(b) The remedial investigation report, the
risk assessment report and the cleanup plan, prepared under a site-specific
remediation, may not be submitted to the Department until after the initial
30-day public and municipal comment period following the submission of the NIR
has expired.
(c) The baseline
environmental report, prepared under an SIA remediation, shall be submitted
after the initial 30-day public and municipal comment period has
expired.
(d) For areas not covered
entirely by a nonuse aquifer areawide certification granted under §
250.303(f)
(relating to aquifer determination; current use and currently planned use of
aquifer groundwater), at the same time a request for a nonuse aquifer
designation under the Statewide health standard is made to the Department, the
remediator shall send notice to every municipality and community water supplier
servicing the area requested for designation as nonuse under §
250.303(b). The
notice must include a copy of the request for determination of nonuse aquifer
submitted to the Department.
(e)
Upon receipt of notice of a request for a nonuse aquifer designation, the
municipality and community water supplier shall have 45 days to indicate to the
Department and the remediator any information relevant to the requirements of
§ 250.303.
(f) Reasonable
proof of the mailing of the municipal notices and arranging for the publication
of newspaper notices, required under sections 302(e), 303(h), 304(n) and 305(c)
of the act (
35 P.S. §§
6026.302(e),
6026.303(h), 6026.304(n) and
6026.305(c)), shall be submitted at the same time the NIR, plan or report is
submitted to the Department. Examples of reasonable proof include:
(1) A copy of the letter to the municipality
with a United States Postal Service Certified Mail Receipt, PS Form No.
3800.
(2) A copy of the proposed
text of the newspaper notice and the anticipated publication date.