§ 49-185 – Appeals and dispute resolution
49-185. Appeals and dispute resolution A. Under this article, only the denial or rescission of a no further action determination is an appealable agency action as defined in section 41-1092, a contested case as defined in section 41-1001, or an action against a party as defined in section 41-1092.12. B. In a dispute concerning an […]
§ 49-171 – Definitions
49-171. Definitions In this article, unless the context otherwise requires: 1. " Characterization" means a process to determine the nature, degree and extent of contaminants at a site or a portion of a site. 2. " Contaminant" means any substance that has been released to the environment and that qualifies as any of the following: […]
§ 49-172 – Applicability
49-172. Applicability A. Except as provided in subsection B of this section, any person may request the department to review and approve work to be performed or already performed that addresses or has addressed a release of a contaminant to the environment by submitting an application to participate in the voluntary remediation program established by […]
§ 49-173 – Application requirements
49-173. Application requirements A. Each application to participate in a voluntary remediation program shall contain the following information: 1. The name and address of the person filing the application and the nature of the relationship of the person to the site, if any. 2. A description of the location and boundaries of the site or […]
§ 49-174 – Application review and approval
49-174. Application review and approval A. After receipt of an application submitted pursuant to section 49-173, the department shall promptly review the application and approve, deny or request modifications to determine the applicant s eligibility to participate in the voluntary remediation program established by this article. An applicant is eligible to participate if the application […]
§ 49-175 – Work plans
49-175. Work plans A. A work plan to address a release of a contaminant to the environment shall include the following: 1. A summary of existing information on site characterization, including references to known site characterization and assessment information and information regarding any remediation previously conducted at the site or portion of the site. The […]
§ 49-176 – Community involvement requirements
49-176. Community involvement requirements A. A work plan submitted pursuant to section 49-175 shall include a plan to provide to the public reasonable notice and information regarding the remediation. A report submitted pursuant to section 49-181 shall describe the activities previously undertaken to notify the public of the remediation. Plans and activities undertaken after the […]
§ 49-177 – Work plan review and approval
49-177. Work plan review and approval A. After receipt of a work plan submitted pursuant to section 49-175, the department shall expeditiously review, approve, deny or request modifications to the work plan. The department shall notify the applicant in writing of any deficiencies in the work plan or modifications necessary for approval. B. The department […]