40.18.130 Remediation Assessment Agreement

The Remediation Assessment Agreement shall contain the terms and conditions agreed to by the parties, which shall include the information, supporting documents, existing data or reports and procedures required by the TM-TRP for completion of an environmental assessment or site characterization that is adequate and appropriate to:

(a) Support selection of a permanent or long term protective remedy for the site and adjacent property;

(b) Meet the standards of this Act and any applicable federal requirements; and

(c) Develop a remediation work plan and schedule.

For any site that is determined by the TM-EPA Director to have the potential for significant contamination, be located in an area where human exposures to contaminants are likely, or require evaluation of remedial alternatives, the TM-EPA Director shall require the Site Characterization Plan within the Remediation Assessment Agreement to include the collection of any data and site information needed to evaluate alternative remedial actions. Not all potential remedies must be evaluated for a site.

The TM-EPA Director and the applicant may enter into a single agreement containing both characterization and remedial action plans.