§ 27-1331. Community participation.

1. To facilitate an inactive hazardous waste disposal site remedial
program and enable community members to participate more fully in
decisions that affect their community, the department shall provide
opportunities for community involvement and shall consult with the
public throughout that process, before the department forms or adopts
final positions. The primary goals of the community participation
program at sites are to facilitate two-way communication between the
department and individuals, groups, and organizations that have
expressed interest in or are affected by the site or the site's remedial
program, with a special focus on sites in disadvantaged communities and
to take into account the community's interests in the decision-making
process associated with the remediation of sites.

2. All inactive hazardous waste disposal site remedial programs shall
include community participation activities which, at a minimum, shall
include, but are not limited to, the preparation of a community
participation plan, establishment of a document repository, and public
notice to interested individuals and groups with a prescribed comment
period at select milestones.

3. The design of each community participation plan, including the
level of community involvement and the tools utilized, shall take into
account the scope and scale of the proposed inactive hazardous waste
disposal site remedial program, local interest and history, location
within a disadvantaged community, and other relevant factors. While
retaining flexibility to tailor each plan to each site, community
participation plans shall embody the following principles of meaningful
community participation:

a. opportunities for community involvement should be provided as early
as possible in the decision-making process prior to the selection of a
preferred course of action by the department and/or the responsible
person;

b. activities proposed in such plan should be as reflective of the
diversity of interests and perspective found within the community as
possible, allowing the public the opportunity to have their views heard
and considered, which may include opportunities for dialogue; and

c. full, timely, and accessible disclosure and sharing of information
by the department shall be provided, including the provision of
technical data and the assumptions upon which any analyses are based.

4. Each community participation plan shall include the following
minimum elements:

a. an inactive hazardous waste disposal site remedial program site
contact list;

b. the name and address of a document repository and proof of
acceptance of this designation by the repository;

c. overview of the site's history and contamination issues, including
the nature of threats to public health and the environment, once known;

d. identification of major issues of public concern related to the
site and a description of any interim actions planned or taken to
address the issues, if appropriate;

e. a description of the phases of the major elements of the inactive
hazardous waste disposal site remedial program;

f. a description of community participation activities conducted or
planned relative to the inactive hazardous waste disposal site; and

g. a description of any additional community participation activities
needed to address public concerns.

5. All community participation plans will be subject to department
review and approval. The citizen participation plan shall be updated
during the implementation of the inactive hazardous waste disposal site
remedial program.

6. Document repository. A document repository shall be established at
a location accessible to the public where they can review the inactive
hazardous waste disposal site remedial program documents, and an
electronic repository shall also exist on the department's website.

a. Documents shall be placed in the repository, which are:

(i) approved by the department; or

(ii) otherwise designated by the department for inclusion.

b. The responsible person shall make available to the department all
appropriate documents for inclusion in the repository.