NO FURTHER ACTION

After satisfactorily completing a voluntary remedial action (either REC or state oversight), the remediating party will receive a letter indicating that the work required under the Administrative Agreement has been completed and the Agreement terminated.  The site will then be assigned “No Further Action” status in the Inactive Hazardous Sites inventory.  This change of inventory status does not preclude any future state action if new evidence of contamination is discovered at a later date.

In accordance with N.C.G.S. 130A-310.7(c), any person may submit a request to the Branch for determination that a site has been remediated to unrestricted use standards.  The person requesting the "No Further Action" (NFA) review must provide the request in writing and pay a fee to reimburse the state for expenses incurred while reviewing the request (Note: contact appropriate Branch staff to determine the fee amount; checks should be made payable to the Division of Waste Management with the Branch’s Site Name & ID number shown in the memo field and must be submitted with the NFA review request).  This requirement applies to all voluntary remedial action sites under the Inactive Hazardous Sites program.  In addition, at sites where remedial actions were conducted independently (i.e. not under a signed Administrative Agreement) the party requesting the “No Further Action” review must also complete and submit the Certification of Attainment of Cleanup Levels and No Further Action Required form  (see below).

If based on its review, the Branch agrees that a site has been remediated to unrestricted use standards; a “No Further Action” letter will be issued. If remedial activities were conducted independently, the site will also be assigned NFA status in the Inactive Hazardous Sites inventory. All NFA letters will state that no further remediation will be required at the site unless the Department later determines, based on new information or information not previously provided to the Department, that the site has not been remediated to unrestricted use standards or that the Department was provided with false or incomplete information. 

Sites that satisfactorily complete the terms of an Administrative Agreement without attaining unrestricted use standards may also request a NFA letter.  At these sites, the NFA letter will clearly indicate that no further action is required as long as the site is in compliance with the approved land use restrictions and any other requirements set forth by the Branch.

Certification of Attainment of Cleanup Levels and No Further Action Required