DEEP Audit and Closure Letter

• Within 60 days of receipt of an LEP prepared-remedial action report and a verification/interim verification DEEP will notify the eligible person/entity and DECD if a DEEP audit will be conducted.If a DEEP audit will not be conducted, a no audit decision will be issued.
• Within 180 days of receipt of above verification, the DEEP will conduct the audit.
• If the DEEP review identifies submission of incorrect/misleading information, missing post-verification monitoring crucial to verification, inadequate remediation that will prevent releases, missing record of environmental use restrictions that are part of the verification, or any violation of law material to the verification or if there is sufficient indication that the remediation has failed to prevent a substantial threat to public health or the environment, then DEEP will not proceed with the audit.
• During the audit process, DEEP may request additional information.If the requested information is not received within 14 days, the 180-day clock for DEEP will be suspended until receipt of the information.The DEEP may choose to abort the audit if the requested information is not received within 60 days.
• Within 14 days of completion of the audit, DEEP will provide the written audit findings to eligible person/entity, DECD and the licensed environmental professional (LEP) that issued the verification.
• The audit findings will indicate approval (via an Audit Closure Letter) or disapproval of the verification. If disapproval is issued, the reasons for the decision will be provided.
• The entity has 60 days from receipt of a disapproval to respond with a report of cure of noted deficiencies.
• Within 60 days, the DEEP will issue a successful Audit Closure Letter (or a written disapproval with noted deficiencies).
• Before approving a verification or interim verification the DEEP may enter a memorandum of understanding with the eligible party with regard to any further remedial action or monitoring activities.