11Vapour inhalation pathway (vapour intrusion)

11 Vapour inhalation pathway (vapour intrusion)

(1) For the purposes of section 37(a) of the Act, in the circumstances specified in subregulation (2), the following are prescribed notifiable contamination—

(a) the 95% upper confidence limit on the arithmetic average concentration of a contaminant in soil vapour samples from the land is above the interim soil vapour HIL for volatile organic chlorinated compounds for the current use of the land as specified in section 6 of Schedule B1 to the NEPM (ASC);

(b) the concentration of a contaminant in an individual soil vapour sample from the land is equal to or above 250% of the interim soil vapour HIL for volatile organic chlorinated compounds for the current use of the land or any land adjacent to the land as specified in section 6 of Schedule B1 to the NEPM (ASC);

(c) the 95% upper confidence limit on the arithmetic average concentration of a contaminant in soil vapour samples from the land is above the soil vapour HSL for vapour intrusion for the current use of the land or any land adjacent to the land as specified in section 6 of Schedule B1 to the NEPM (ASC);

(d) the concentration of a contaminant in an individual soil vapour sample from the land is equal to or above 250% of the soil vapour HSL for vapour intrusion for the current use of the land or any land adjacent to the land as specified in section 6 of Schedule B1 to the NEPM (ASC);

(e) the 95% upper confidence limit on the arithmetic average concentration of a contaminant in soil samples from the land is above the soil HSL for vapour intrusion for the current use of the land as specified in section 6 of Schedule B1 to the NEPM (ASC);

(f) the concentration of a contaminant in an individual soil sample from the land is equal to or above 250% of the soil HSL for vapour intrusion for the current use of the land or any land adjacent to the land as specified in section 6 of Schedule B1 to the NEPM (ASC);

(g) the 95% upper confidence limit on the arithmetic average concentration of a contaminant in groundwater samples from the land is above the groundwater HSL for vapour intrusion for the current use of the land or any land adjacent to the land as specified in section 6 of Schedule B1 to the NEPM (ASC);

(h) the concentration of a contaminant in an individual groundwater sample from the land that is equal to or above 250% of the groundwater HSL for vapour intrusion for the current use of the land as specified in section 6 of Schedule B1 to the NEPM (ASC).

(2) For the purposes of subregulation (1), the following circumstances are specified—

(a) the concentration of a contaminant remains, or is likely to remain, above the concentration specified in that subregulation;