Action | Amendment 2 |
Stage | Proposed |
Comment Period | Ended on 11/23/2012 |
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.