I was a member of the Technical Advisory Committee that assisted the Department in 2009.  I have reviewed Jim Thornhill comments and agree with them, except in a few limited instances described herein.  I have these comments:

Comment 1:  The department needs to decide how it will refer to the "certificate" throughout the regulations and then stick with it.  At present, the regulations refer to a "Certification of Satisfactory Completion of Remediation,"  a Certificate of Satisfactory Completion of Remediation,"  a "Certification of Satisfactory Completion," a "Certificate of Satisfactory Completion," a "Certificate," a "certificate."  Please pick one, do a word search, and then use it throughout.

Comment 2:  Regarding 9 VAC 20-160-30.B.2 and 3, I agree with Mr. Thorhill's comment 3 that these requirements should be moved elsewhere.  Also, I am concerned that these requirements are not specific enough and could, as to the ownership requirement, could be interpreted to require notice years after the project is completed.  I agree with Mr. Thornhill's comment 17 in that regard.  I do think, however, that it makes sense to require these notices during the project.  Thus, I suggest that B.2. be moved and then revised to say, "Change in ownership:  During the project, the department shall be notified by the participant if there is a change in the property ownership."  Similarly, B.3. should be moved and revised to say, "Change in agent:  During the project, the department shall be notified by the participant if there is a change in the the agent for the property owner or the participant."

Comment 3: Regarding 9 VAC 20-160-40.A.4., I suggest that it be revised as follows:  "A plat of the property that indicates its approximate acreage and, if the site is less than the entire property, shows the approximate boundaries of the site."

Comment 4:  Regarding 9 VAC 20-160-60, I agree with Mr. Thornhill's Comment 9, except I do not agree with his proposed language indicating that one's right to seek a refund is to be conditioned on making the request in the DOCR.