It has come to DEQ's attention that contractors are being asked to recertify sites that have previously been issued a No Further Action letter by DEQ prior to 2/17/2000 or been certified as meeting standards by a contractor after 2/17/2000. The issue becomes what reliance, if any, can contractors and/or homeowners place on those earlier decommissioning or cleanup determinations. The advice DEQ has been giving is that the earlier determinations remain valid if:
- No evidence exists to suggest a new release has occurred.
- New site assessment data is consistent with the data submitted and relied on to make the earlier determination.
- DEQ has not challenged the reliability of the earlier data through an enforcement action.
If the contractors or homeowners have any questions about the new information, they should contact the HOT technical staff for assistance or send an email.
On a related matter, DEQ is occasionally asked how long the results from a site assessment are valid where an active tank remains in the ground. Because new spills or releases from an active tank can occur at any time, DEQ advises that site assessment samples should be relied on for no more than 90 days. After 90 days it is advisable for new assessment data to be collected. DEQ will not accept site assessment data that is more than 90 days old if used to certify a decommissioning or cleanup.