49-177

49-177. Work plan review and approval

A. After receipt of a work plan submitted pursuant to section 49-175, the
department shall expeditiously review, approve, deny or request modifications to the work
plan. The department shall notify the applicant in writing of any deficiencies in the
work plan or modifications necessary for approval.

B. The department shall approve a work plan if, after considering the information
in the work plan and any public comments the director finds that:

1. If characterization has not been completed, that characterization will be
completed in a timely manner.

2. If characterization has been completed, that the proposed remediation is
reasonably likely to achieve the remediation levels or controls established pursuant to
section 49-175, subsection B in a timely manner.

3. The proposed community involvement meets the requirements of section 49-176.

4. The work to be performed complies with any applicable corrective or remedial
action requirements of any applicable permit required under this title. If proposed
remediation under this article requires a permit, a solid waste facility plan approval
pursuant to section 49-762.03, or a modification, the permit, plan approval, or
modification shall be obtained through the applicable program.

5. The proposed remediation is consistent with title 45, chapter 2.

6. The work to be performed complies with any otherwise applicable laws and rules.

C. The department may deny a work plan if the applicant fails or refuses to correct
deficiencies or make modifications required for approval, if the proposed remediation
would interfere with or substantially increase the cost of a remedial action that the
department may conduct to address waters of the state pursuant to chapter 2, article 5 of
this title, or if the director determines that the applicant is not financially capable
of conducting the work proposed in the work plan.

D. If approved, the work proposed in the work plan, including the community
involvement requirements, shall be performed according to the requirements and schedule
set forth in the work plan. Any permits or permit modifications needed to implement an
approved plan shall be obtained as required through the applicable program. The approval
suspends any remedial action by the director at the site or portion of the site described
in the approved work plan, including the issuance of any order or the filing of any
action to compel the work approved in the work plan, to the extent determined by the
director to be appropriate. The actions to be suspended shall be specifically stated in
the director's approval.

E. The department may inspect sites approved under this section at reasonable times
and require reporting. The department may also request modifications pursuant to section
49-180.

F. After approval of the work plan, the department shall not take any action
against the applicant that has been suspended unless the applicant notifies the
department that it is withdrawing from the voluntary remediation program or the
department terminates an applicant's participation in the program pursuant to section
49-178.

G. Approval of a work plan under this section that includes the withdrawal of
groundwater qualifies the applicant for remediated groundwater incentives set forth in
Laws 1997, chapter 287, sections 51 and 52 only if the remedial action is designed
primarily to address a release of a contaminant that is a hazardous substance.

H. If the department denies the work plan, the applicant may initiate dispute
resolution under section 49-185, subsection B or C.