§ 27-1415. Remedial program requirements.\n 1. Remedial programs. All remedial programs shall be protective of\npublic health and the environment including but not limited to\ngroundwater according to its classification pursuant to section 17-0301\nof this chapter; drinking water, surface water and air (including indoor\nair); sensitive populations, including children; and ecological\nresources, including fish and wildlife. In all cases, the target risk of\nresidual contamination at a site shall not exceed an excess cancer risk\nof one in one million for carcinogenic end points and a hazard index of\none for non-cancer end points.\n 2. Investigation. (a) Remedial investigation. A remedial investigation\nshall fully characterize the nature and extent of contamination at\nand/or emanating from a brownfield site. Such investigation shall\nemphasize data collection and sampling and monitoring, as necessary, and\nincludes but is not limited to: characterization of site geologic and\nhydrogeologic conditions, including groundwater flow, contaminant\nmovement, and the response of the groundwater system to extraction; and\nassessment of the existing and potential impact of groundwater\ncontamination on private or community water supply wells, surface water\nquality, air quality, and indoor air quality.\n (b) Qualitative exposure assessment. A qualitative exposure assessment\nshall qualitatively determine the route, intensity, frequency, and\nduration of actual or potential exposures of humans, fish and wildlife\nto contaminants. Such assessment must analyze the nature and size of the\npopulation currently exposed or which may reasonably be expected to be\nexposed to the contaminants that are present at or emanating from a\nsite, and shall include a determination of the reasonably anticipated\nfuture land use of the site and affected off-site areas and the\nreasonably anticipated future groundwater use. A qualitative exposure\nassessment consists of characterizing the exposure setting, identifying\ncurrent and reasonably foreseeable exposure pathways, and evaluating\ncontaminant fate and transport. Some off-site field investigation to\nidentify and sample any potential areas of contamination may be required\nto support the exposure assessment.\n 3. Selection. The remedial program for a site shall be selected upon\ndue consideration of the following factors:\n (a) Conformance to standards and criteria that are generally\napplicable, consistently applied, and officially promulgated, that are\neither directly applicable, or that are not directly applicable but are\nrelevant and appropriate, unless good cause exists why conformity should\nbe dispensed with, and with consideration being given to guidance\ndetermined, after the exercise of engineering judgment, to be\napplicable. Such good cause exists if any of the following is present:\n (i) the proposed action is only part of a complete program that will\nconform to such standard or criterion upon completion; or\n (ii) conformity to such standard or criterion will result in greater\nrisk to the public health or to the environment than alternatives; or\n (iii) conformity to such standard or criterion is technically\nimpracticable from an engineering perspective; or\n (iv) the program will attain a level of performance that is equivalent\nto that required by the standard or criterion through the use of another\nmethod or approach.\n (b) Overall protectiveness of the public health and the environment.\n (c) Short-term effectiveness.\n (d) Long-term effectiveness and permanence. A remedial program that\nachieves a complete and permanent cleanup of the site is to be preferred\nover a remedial program that does not do so.\n (e) Reduction in toxicity, mobility and/or volume of contamination\nwith treatment. A remedial program that permanently and significantly\nreduces the toxicity, mobility and/or volume of contamination is to be\npreferred over a remedial program that does not do
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