Section 6026.302 - Background standard(a) Standard.--Persons selecting the background standard shall meet background for each regulated substance in each environmental medium.(b) Attainment.--Final certification that a site or portion of a site meets the background standard shall be documented in the following manner: (1) Attainment of the background standard shall be demonstrated by collection and analysis of representative samples from environmental media of concern, including soils and groundwater in aquifers in the area where the contamination occurs through the application of statistical tests set forth in regulation or, if no regulations have been adopted, in a demonstration of a mathematically valid application of statistical tests. The Department of Environmental Resources shall also recognize those methods of attainment demonstration generally recognized as appropriate for that particular remediation.(2) A final report that documents attainment of the background standard shall be submitted to the department which includes, as appropriate: (i) The descriptions of procedures and conclusions of the site investigation to characterize the nature, extent, direction, volume and composition of regulated substances.(ii) The basis for selecting environmental media of concern, descriptions of removal or decontamination procedures performed in remediation, summaries of sampling methodology and analytical results which demonstrate that remediation has attained the background standard.(3) Where remediation measures do not involve removal or treatment of a contaminant to the background standard, the final report shall demonstrate that any remaining contaminants on the site will meet Statewide health standards and show compliance with any postremediation care requirements that may be needed to maintain compliance with the Statewide health standards.(4) Institutional controls such as fencing and future land use restrictions on a site may not be used to attain the background standard. Institutional controls may be used to maintain the background standard after remediation occurs.(c) Authority reserved.--If a person fails to demonstrate attainment of the background standard, the department may require that additional remediation measures be taken in order to meet the background standard or the person may select to meet the requirements of section 303 or 304.(d) Deed notice.--Persons attaining and demonstrating compliance with the background standard for all regulated substances shall not be subject to the deed acknowledgment requirements of the act of July 7, 1980 (P.L. 380, No. 97) , known as the Solid Waste Management Act, or theact of October 18, 1988 (P.L. 756, No. 108) , known as the Hazardous Sites Cleanup Act. An existing acknowledgment contained in a deed prior to demonstrating compliance with the background standard may be removed.(e) Notice and review provisions.--Persons utilizing the background standard shall comply with the following requirements for notifying the public and the department of planned remediation activities:(1) Notice of intent to initiate remediation activities shall be made in the following manner:(i) A notice of intent to remediate a site shall be submitted to the department which, to the extent known, provides a brief description of the location of the site, a listing of the contaminant or contaminants involved, a description of the intended future use of the property for employment opportunities, housing, open space, recreation or other uses and the proposed remediation measures. The department shall publish an acknowledgment noting receipt of the notice of intent in the Pennsylvania Bulletin.(ii) At the same time a notice of intent to remediate a site is submitted to the department, a copy of the notice shall be provided to the municipality in which the site is located, and a summary of the notice of intent shall be published in a newspaper of general circulation serving the area in which the site is located.(2) Notice of the submission of the final report demonstrating attainment of the background standard shall be given to the municipality in which the remediation site is located and published in a newspaper of general circulation serving the area and in the Pennsylvania Bulletin.(3) The department shall review the final report demonstrating attainment of the background standard within 60 days of its receipt or notify the person submitting the report of substantive deficiencies. If the department does not respond with deficiencies within 60 days, the final report shall be deemed approved.(4) The notices provided for in paragraphs (1) and (2) are not required to be made or published if the person conducting the remediation submits the final report demonstrating attainment of the background standard as required by this section within 90 days of the release. If the final report demonstrating attainment is not submitted to the department within 90 days of the release, all notices and procedures required by this section shall apply. This paragraph is only applicable to releases occurring after the effective date of this act.1995, May 19, P.L. 4, No. 2, § 302, effective in 60 days.