§128D-31 General provisions. (a) Except as otherwise provided in this part, all requirements of rules adopted pursuant to part I shall apply to voluntary response actions conducted pursuant to this part. All voluntary response actions, where an exemption from liability may be granted by the department, shall follow the public participation requirements of the remedial […]
§128D-32 Definitions. As used in this part, unless the context otherwise requires: “Prospective purchaser” means a prospective owner, operator, tenant, developer, lender, or any other party who would not otherwise be liable under section 128D-6, prior to a voluntary response action being conducted. “Requesting party” means the person or persons submitting an application to conduct […]
§128D-33 Eligibility. (a) This part shall apply to all releases or threats of releases to which the director is authorized to respond under section 128D-4, except: (1) A site listed or proposed to be listed on the National Priorities List (NPL) pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA); (2) Those sites […]
§128D-34 Application. (a) For each site at which a requesting party chooses to conduct a voluntary response action, an application and $1,000 nonrefundable processing fee shall be submitted. In the case of a requesting party that is a public or nonprofit agency, the director may reduce or waive this fee if the director deems it […]
§128D-35 Denial of application. (a) The director may deny an application submitted under section 128D-34. In denying an application, the director may consider the following: (1) The nature and extent of any past, current, or future actions by the department regarding the proposed site and the impact the voluntary response action might have on these […]
§128D-36 Funding. (a) The department shall establish an account, to be called the voluntary response action account, within the environmental response revolving fund pursuant to section 128D-2, for the purpose of administration and oversight of this part. (b) The $1,000 nonrefundable application fee shall be deposited into the voluntary response action account. (c) Upon initial […]
§128D-37 Oversight costs. (a) The department’s oversight costs shall be calculated at $100 for each hour of staff time plus actual expenses incurred or one hundred twenty-five per cent of actual cost when contracting for oversight services. If a requesting party is a public or nonprofit agency, the director may reduce or waive this fee […]
§128D-38 Exempt positions. There are established such positions as necessary to support the voluntary response program and other voluntary activities pursuant to this chapter. These positions shall be appointed by the director without regard to chapter 76. These positions shall be included in any benefit program generally applicable to the officers and employees of the […]
§128D-39 Letter of completion. (a) Within thirty days of satisfactory completion of the voluntary response action, the director shall issue a letter of completion for the response action completed by the requesting party. (b) The letter of completion shall identify the specific hazardous substances, pollutants, contaminants, media, and land area addressed in the response action. […]
§128D-40 Exemption from liability. (a) To qualify for an exemption from liability, a requesting party that is also a prospective purchaser shall enter into a voluntary response agreement with the department prior to becoming the owner or operator of the property that is the subject of the agreement. (b) Prospective purchasers who complete a voluntary […]
§128D-41 Termination of voluntary response action. (a) An agreement under this part may be terminated by the requesting party at any time. (b) The director may terminate an agreement pursuant to this section when: (1) There is an imminent and substantial threat to public health, the environment, or natural resources; (2) The requesting party is […]
