40.18.200 Re-Openings or Terminations

(a) Re-openings. The TM-TRP may reopen a Remediation Agreement, covenant not to sue, No Further Action Letter or Certificate of Completion at any time if:

(1) The current owner fails substantially to comply with the terms and conditions of the Remediation Agreement, covenant not to sue, No Further Action Letter or Certificate of Completion

(2) An imminent and substantial endangerment to human health or the environment is discovered;

(3) Contamination is discovered that was present on the site but was not known to the owner, responsible party or the TM-TRP on the date of the Remediation Agreement or when the TM-TRP issued a covenant not to sue,

NFA letter or certificate of completion; or

(4) The remedy fails to meet the remediation objectives that are contained in the Remediation Agreement, NFA letter or Certificate of Completion;

(5) The monitored natural attenuation remedy is not effective in meeting the standards under this section.

(b) Terminations. The TM-TRP may terminate a Remediation Agreement, covenant not to sue, Certificate of Completion or No Further Action letter if:

(c) It is discovered that any of these instruments were based on fraud, material misrepresentation or failure to disclose material information; or

(d) If a responsible party's or property owner's willful violation of any use restriction results in harmful exposures of any toxic contaminant to any user or occupant of the site.

(e) If a Remediation Agreement, covenant not to sue, Certificate of Completion or No Further Action letter is reopened or terminated, the TM-TRP shall record a notice of such action in the office of with the deed for the site and shall file the notice in the office of the

no later than ten (10) business days after the date of the Remediation Agreement, covenant not to sue, certificate of completion or no further action letter is reopened or terminated.