Final Steps to Incident Closure

Before "no further action" or "site closure" can occur the site must be returned to its pre-incident condition with a final report and all supporting documentation submitted to the NDDEQ providing evidence of remediation.

  Revegetation and Monitoring

The end goal of a remediation is for the area to appear as close as possible to its pre-incident condition or ubiquitous with the surrounding terrain. Revegetation, erosion control, and site monitoring are essential to the final stages of a remediation.

• For rangeland, revegetation includes the return of native grasses and forbs. Rangeland areas should be seeded with a compatible seed mix for the location.
• For agricultural fields, revegetation will require plant growth of visually similar strength and thickness to the rest of the crop. Discuss all seeding plans with the landowner.
• It is recommended to consult with the impacted landowner regarding seed preference. State and federal landowners may have their own seeding requirements.

Sites must be monitored for erosion and noxious/invasive weeds should be controlled during the revegetation stage. Monitoring to achieve sufficient vegetation return may take multiple years. Incidents may be closed with at least 75% native or beneficial vegetation return at the discretion of the NDDEQ. Incidents may not be closed if they are primarily growing salt-tolerant and noxious/invasive plant species.

  Final Report and Incident Closure

Once remediation has been completed, a final report is required to be submitted to the NDDEQ detailing the nature and cause of the release and the remedial actions taken. The final report should be submitted once final confirmation sample results are available and may be submitted while monitoring and vegetation return are still in progress. A downloadable checklist of information to be included in the final report can be found in the next section.

Spill incidents remain open with the NDDEQ until the following conditions are met:

• Laboratory sample results within NDDEQ action levels or other sufficient documentation of successful remediation is received.
• Previously-vegetated areas of the site have reached 75% or greater revegetation with desirable species.
• All trash and debris from the remediation including straw waddles, tubing, plastic bottles, sandbags, containment structures, or other nonbiodegradable materials have been removed.

To prevent loss of productivity on agricultural lands and subsequent private property damage, constituent levels lower than NDDEQ action levels may be required. Any constituent levels lower than NDDEQ action levels will be negotiated between the landowner and the responsible party and do not require the involvement of the NDDEQ.

If in the future, additional information indicates a change in the environmental status of the property the NDDEQ may require additional site assessment and/or remediation.