65-34,168. Plan; approval or disapproval; procedures; approval void, when; verification of implementation.
65-34,168
65-34,168. Plan; approval or disapproval; procedures; approval void, when;verification of implementation.(a) The department shall provide formal written notificationto the applicant that a voluntary cleanup plan has been approved or disapprovedwithin 60 daysof submittal of the voluntary cleanup plan by the applicant unless thedepartment extends the time for review to adate certain.
(b) The department shall approve a voluntary cleanup plan ifthe department concludesthat the plan will attain a degree of cleanup and control of contaminants thatcomplies with all applicable statutes and rules and regulations.
(c) If a voluntary cleanup plan is not approved bythe department, the department shall promptly provide the applicant with awritten statement of the reasons for denial. If the department disapprovesa voluntary cleanup plan based upon the applicant's failure tosubmit the information required, the department shall notify the applicantof the deficiencies in the information submitted.
(d) The approval of a voluntary cleanup plan by the departmentapplies only to those contaminants and conditions identified on the propertybased upon the statutes and rules and regulations that exist when theapplication is submitted.
(e) Upon determination by the department that a voluntary cleanupplan isacceptable, the department shall publish anotice of the determination in alocal newspaper of general circulation in the area affected and make thevoluntary cleanup plan available to the public. The public shall have 15 daysfrom the date of publication during which any person may submit to thedepartment written comments regarding the voluntary cleanup plan. After 15days have elapsed, the department may hold a public information meeting if, inthe department's judgment, the comments submitted warrant such ameeting or if the applicant requests such a meeting. Upon completion of thepublic notification and participation process, the department shall make adetermination to approve the plan in accordance with this section.
(f) Departmental approval of a voluntary cleanup plan shall be void upon:
(1) Failure of an applicant to comply with the approved voluntarycleanup plan;
(2) willful submission of false, inaccurate or misleading information by theapplicant in the context ofthe voluntary cleanup plan; or
(3) failure to initiate the plan within 6 monthsafter approval by the department, or failure to complete the plan within 24months after approval by the department, unless the department grants anextension of time.
(g) An applicant desiring to implement a voluntary clean up planafter the time limits prescribed by subsection (f)(3) have expired shall submita written petition forreapplication accompanied by written assurances from the applicantthat the conditions on the subject property are substantiallysimilar to those existing at the time of the original approval. Reapplicationsshall be reviewed by the department. Any reapplication that involves propertyupon which the condition has substantially changed since approval of theoriginal voluntary cleanup plan shall be treated as a new application and shallbe subject to all the requirements of this act.
(h) Within 45 days after the completion of the voluntary cleanupdescribed in the approved voluntary cleanup plan, the applicant shall provideto the department assurance thatthe plan has been fully implemented. A verification sampling program shall berequired by the department to confirm that the property has been cleaned up asdescribed in the voluntary cleanup plan.
History: L. 1997, ch. 137, § 8; July 1.