Section 24-903. Rules for the Local Brownfield Cleanup Program

The director
  shall develop and administer a  local  brownfield  cleanup  program  and
  shall  promulgate  rules  to  effectuate  the provisions of this chapter
  including, but not limited to, rules:
    (a) Prescribing the form for an  application  to  participate  in  the
  local  brownfield cleanup program and establishing an application review
  process to ensure that only eligible local brownfield sites, as provided
  in  section  24-904  of  this  chapter,  are  accepted  into  the  local
  brownfield cleanup program.
    (b)  Prescribing  a  local  brownfield  cleanup agreement, including a
  requirement that the enrollee pay for costs incurred by the city and  an
  indemnification  provision  holding  the  city  harmless from any claim,
  suit, action, and cost arising out of or resulting from the  fulfillment
  or attempted fulfillment of the agreement.
    (c)  Prescribing  requirements  for  remedial  investigation  reports,
  remedial action work plans, and such other reports and work plans as the
  office shall require, and  providing  mechanisms  for  the  preparation,
  submission,  review,  approval,  modification,  and  rejection  of  such
  reports and work plans.
    (d) Providing adequate procedures to ensure that remedial action  work
  plans  and  remedial  actions  are  protective  of public health and the
  environment, and consistent with the  current,  intended  or  reasonably
  anticipated  residential, commercial, industrial or other end use of the
  local brownfield site. Cleanup standards and remedial selection criteria
  shall be consistent with standards and criteria applicable to the  state
  brownfield cleanup program, including all applicable guidance documents.
    (e) Prescribing procedures for citizen participation.
    (f)  Providing for access by the office or any person so authorized by
  the office (1) to any real property that has either submitted a  request
  to  participate  in the local brownfield cleanup program, is enrolled in
  the local brownfield cleanup program, or has been issued  a  certificate
  of completion, for the purpose of ensuring that any applicant, enrollee,
  or recipient of a certificate of completion complies with the provisions
  of  this  chapter  or rules promulgated pursuant thereto, including, but
  not limited to, providing access  for  the  purpose  of  inspecting  and
  taking  samples  of contaminants and/or environmental media, and for the
  purpose of inspecting the adequacy of site management activities; (2) to
  information relating to any applicant's or enrollee's current  and  past
  activities concerning contaminants; and (3) to documents relating to the
  current and past contamination of a local brownfield site.
    (g)  Prescribing  mechanisms  for  the office to determine whether the
  remedial actions are complete and to issue documentation indicating that
  the remedial actions are complete, including through the issuance  of  a
  certificate of completion.
    (h)  Providing  for  the issuance of a clean property certification to
  those properties that have successfully completed the  local  brownfield
  cleanup  program  or  other  programs equivalent to the local brownfield
  cleanup program.
    (i) Establishing  procedures  and  enforcement  mechanisms,  including
  recording   of   the  declaration  of  covenants  and  restrictions  and
  notification of  the  department  of  buildings  and  other  appropriate
  agencies  of  such  declaration,  to  ensure that the owner of the local
  brownfield site or its successors or assigns continues in full force and
  effect all institutional and engineering controls required at  the  site
  in  accordance  with  the  local  brownfield cleanup agreement, remedial
  action  work  plan,  declaration  of  covenant  and  restrictions,  site
  management  plan,  and  any  other  applicable  document  or  plan.  The

  procedures shall include the process for notifying the public  regarding
  compliance with institutional and engineering controls.
    (j)  Requiring  notice  to  the office of any change of use at a local
  brownfield site and an opportunity  for  the  office  to  prohibit  such
  change of use for cause.