65-34,169. Determination no further action required; issuance; void, when.
65-34,169
65-34,169. Determination no further action required; issuance; void,when.(a) After an applicantcompletes the requirements of this act, the department may determine that nofurther remedial action is required. Within 60 days after such completion,unless the applicant and the department agree to an extension of the time forreview, the department shall provide written notification that a no furtheraction determination has been made.
(b) (1) The department may consider in issuing this determinationthat contamination or a release of contamination originates from a source onadjacent property upon which the necessary action which protects human healthand the environment is or will be taken by a viable and financiallycapable person or entity which may or may not be legally responsible for thesource ofcontamination.
(2) The department shall provide written notification of a no furtheraction determination.
(3) The issuance of a no further action determination by thedepartment applies only to identified conditions on the property and is basedupon applicable statutes and rules and regulationsthat exist as of the time of completion of the requirements.
(c) The department may determine that the no further actiondetermination, under this section is void if:
(1) There is any evidence of fraudulent representation, falseassurances, concealment or misrepresentation of the data in any document to besubmitted to the department under this act;
(2) the applicant agrees to perform any action approved by thedepartment and fails to perform such action;
(3) the applicant's willful and wanton conduct contributesto known environmental contamination; or
(4) the applicant fails to complete the voluntary actions required in thevoluntary cleanup plan.
(d) If a no further action determination is notissued by the department, the department shall promptly provide the applicantwith a written statement of the reasons for denial.
History: L. 1997, ch. 137, § 9; July 1.