49-176. Community involvement requirements

A. A work plan submitted pursuant to section 49-175 shall include a plan to provide to the public reasonable notice and information regarding the remediation. A report submitted pursuant to section 49-181 shall describe the activities previously undertaken to notify the public of the remediation. Plans and activities undertaken after the effective date of this article to notify the public shall be consistent with the following guidelines:

1. For remediation where the remediation levels and controls are established in accordance with the rules adopted pursuant to section 49-282.06, community involvement shall be consistent with the requirements of those rules.

2. For remediation where the remediation levels and controls are established in accordance with section 49-175, subsection B, paragraph 1, 2, 3, or 4, community involvement activities shall be conducted appropriate to the scope and schedule of the remediation, including, as applicable, all of the following:

(a) For fieldwork conducted to remove contaminants of concern or that may result in noise, light, odor, dust and other adverse impacts off of the site, provide general public notice. The general public notice shall be in the form of visible signage and direct mailing, door hangings, or a similar form of notice that is distributed in a manner sufficient to reach those who may be impacted. The general public notice shall identify the name and telephone number of a person who may be contacted for information regarding the fieldwork.

(b) For remediation that will take more than one hundred eighty days to complete, provide general notice regarding the nature and progress of the action and establish a document repository accessible to the public where information regarding the site and the remediation is available for review. The general notice may be in the form of fact sheets, newsletters, or news articles distributed by direct mailings, door hangings or any other method of distribution sufficient to reach or be accessible to local government agencies, persons within the community surrounding the site and other persons who have requested information regarding the site and direct mail to affected water providers. The general notice shall identify the name and telephone number of a person who may be contacted for information regarding the remediation. The document repository shall be accessible during normal business hours or by appointment and shall contain all documents and information required to be prepared or maintained by this program and any other documents and information deemed appropriate by the person conducting the work.

3. For remediation levels or controls selected pursuant to section 49-175, subsection B, paragraphs 3 and 4 or remediation that includes an institutional or engineering control to satisfy the requirements of section 49-152 or section 49-158 and the rules adopted pursuant to those sections, notice of a work plan pursuant to section 49-175 or a report pursuant to section 49-181 and an opportunity for public comments to be submitted for a period of forty-five days after the notice shall be published in a newspaper of general circulation and shall be provided individually to affected water providers, affected well owners, local government agencies, adjacent residents, and the department of water resources.

B. If the applicant requests a no further action determination pursuant to section 49-181, the applicant shall provide general notice of the request, the report submitted to the department, and the opportunity for comment.

C. Community involvement activities undertaken pursuant to this article may be coordinated or combined with similar procedures required under other laws applicable to the work to avoid duplication.

D. The director shall consider written comments in response to a public notice providing an opportunity to comment or any public meeting held prior to approving a work plan pursuant to section 49-177 or issuing a no further action determination pursuant to section 49-181. The director may require the applicant to conduct a public meeting prior to approving a work plan for which notice is required pursuant to subsection A, paragraph 3 of this section or issuing a no further action determination.

E. The director may require additional community involvement activities appropriate to the schedule and scope of the work after consideration of the following factors:

1. Actual or potential impact to water supply.

2. Extent and toxicity of the contamination.

3. Duration of the work.

4. Level of public interest.

5. Noise, light, odor and other adverse impacts.

6. Likelihood of contaminant exposure to human or ecological receptors.