§ 49-180 – Modification of work plan
49-180. Modification of work plan A. An applicant may propose a modification to a work plan at any time by submitting an amended work plan or portions of the work plan. Sections 49-175 and 49-177, as applicable, govern the amended work plan. B. Based upon the progress reports submitted by the applicant, the department may […]
§ 49-181 – Requests for no further action determination
49-181. Requests for no further action determination A. Upon achieving the remediation levels and controls determined pursuant to section 49-175, subsection B, an applicant approved pursuant to section 49-174 may request the department to provide a determination that no further action is needed for a site or portion of a site by submitting a report […]
§ 49-182 – Approval of remediations for cost recovery
49-182. Approval of remediations for cost recovery Any work necessary to conduct remediation pursuant to this article may qualify as a remedial action for purposes of section 49-285. Any person may submit a request to the department for approval of a remedial action for purposes of section 49-285 by filing an application in accordance with […]
§ 49-183 – Insurance
49-183. Insurance Insurance coverage shall not be denied an insured solely on the basis of the insured’s participation in the voluntary remediation program pursuant to this article or chapter 2, article 5 of this title.
§ 49-184 – Reservation of rights
49-184. Reservation of rights A. Nothing in this article may be construed to abridge or alter any right a person may have to engage in remedial action pursuant to other provisions of this title or any other provisions of statutory or common law. B. Nothing in this article may be construed to abridge or alter […]
§ 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 […]