§ 19-8-110. Voluntary cleanup work plans and reports.

(1) After the applicant and the executive director have signed the voluntary cleanup agreement, the applicant shall prepare and submit the appropriate work plans and reports to the executive director as provided in the agreement.

(2) The executive director shall review and evaluate the work plans and reports for accuracy, quality, and completeness.

(3) The executive director may approve a voluntary cleanup work plan or report, or if he does not approve the work plan or a report, he shall notify the applicant in writing concerning additional information or commitments necessary to obtain approval.

(4) At any time during the evaluation of a work plan or report, the executive director may request the applicant to submit additional or corrected information.

(5) After considering the proposed future use of the property that is the subject of the agreement, the executive director may approve work plans and reports submitted under this section that do not require removal or remedy of all discharges, releases, and threatened releases on the property if the applicant's response actions under the agreement:

(a) will be completed in a manner that protects human health and the environment;

(b) will not cause, contribute to, or exacerbate discharges, releases, or threatened releases on the property that are not required to be removed or remedied under the work plan; and

(c) will not interfere with or substantially increase the costs of response actions to address any remaining discharges, releases, or threatened releases resulting from releases initially generated on the property.

Enacted by Chapter 247, 1997 General Session