(a)A petition for administrative use controls at a hazardous material contaminated site may be made by a person responding to a release at that site. The petition shall be made on a form developed by the Secretary that includes the following:
(1)a brief description of the contamination at the site and work completed under an approved corrective action plan;
(2)a legal description of the property or properties subject to administrative use controls;
(3)a digital map that shows the boundaries of the property or properties subject to the administrative use controls and any operational units on the property or properties where more detailed controls will be applied;
(4)a narrative description of the uses that are prohibited on the property under the administrative use control, including a
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(a) A petition for administrative use controls at a hazardous material contaminated site may be made by a person responding to a release at that site. The petition shall be made on a form developed by the Secretary that includes the following:
(1) a brief description of the contamination at the site and work completed under an approved corrective action plan;
(2) a legal description of the property or properties subject to administrative use controls;
(3) a digital map that shows the boundaries of the property or properties subject to the administrative use controls and any operational units on the property or properties where more detailed controls will be applied;
(4) a narrative description of the uses that are prohibited on the property under the administrative use control, including any specific restrictions applicable to operational units on the property;
(5) signatures of the property owner or persons with legal control of the property certifying that they accept the imposition of these administrative use controls on their property; and
(6) any other requirement that the Secretary requires by rule.
(b) The Secretary shall approve the administrative use controls upon finding:
(1) the administrative use controls adequately protect human health and the environment;
(2) the administrative use controls are consistent with requirements of the plan required by rules adopted pursuant to this chapter and approved by the Secretary; and
(3) the petition contains adequate information to ensure that current and future owners are aware of the restrictions.
(c) Administrative use controls may require:
(1) restrictions on the use of the property or operational units on the property where restrictions are placed;
(2) a right to access the property to ensure that the restrictions are maintained; and
(3) requirements to maintain the restrictions and report on their implementation.
(d) Administrative use controls shall be effective until a property owner or person with legal control petitions the Secretary for their removal. The Secretary shall remove the administrative use controls if the property owner:
(1) clearly demonstrates that the contamination that was the basis of the administrative use controls has naturally attenuated; or
(2) has completed a subsequent corrective action plan that either remediates the hazardous material below environmental media standards or requires alternate administrative use controls. (Added 2023, No. 152 (Adj. Sess.), § 4b, eff. July 1, 2024.)