Any person who completes remediation in compliance with this act shall not be required
to undertake additional remediation actions unless the department demonstrates that:
(1) fraud was committed in demonstrating attainment of a standard at the site that
resulted in avoiding the need for further cleanup of the site;
(2) new information confirms the existence of an area of previously unknown contamination
which contains regulated substances that have been shown to exceed the standards applied
to previous remediation at the site;
(3) the remediation method failed to meet one or a combination of the three cleanup
(4) the level of risk is increased beyond the acceptable risk range at a site due
to substantial changes in exposure conditions, such as in a change in land use from
nonresidential to a residential use, or new information is obtained about a regulated
substance associated with the site which revises exposure assumptions beyond the acceptable
range. Any person who changes the use of the property causing the level of risk to increase
beyond the acceptable risk range shall be required by the department to undertake
additional remediation measures under the provisions of this act; or
(5)(i) the release occurred after the effective date of this act on a site not used
for industrial activity prior to the effective date of this act;
(ii) the remedy relied in whole or in part upon institutional or engineering controls
instead of treatment or removal of contamination; and
(iii) treatment, removal or destruction has become technically and economically feasible
on that part.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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