49-289

49-289. Fund financed remedial action;
definition

A. The director shall assure that remedial actions taken pursuant to this article
are pursued and completed as expeditiously as possible, consistent with the criteria in
section 49-282.06 and the rules adopted pursuant to that section. A remedial action
shall not be financed in whole or in part from monies in the water quality assurance
revolving fund unless the remedial action plan proposed pursuant to section 49-287.04,
subsection A and each record of decision prepared pursuant to section 49-287.04,
subsection F specify:

1. A time for commencing the implementation of the remedy after conclusion of
settlements and allocation of liability.

2. A specific time period for completing the remedy.

B. The director may amend any record of decision to change the remedial action
selected or the time periods for commencing implementation and completing the remedial
actions after considering the criteria in section 49-282.06 and the rules adopted under
that section and subsection A of this section. Before amending a record of decision, the
director shall give notice as required in section 49-287.04, subsection B and written
notice to all persons who have entered into a settlement with the director regarding the
site or who have otherwise been determined to be responsible parties pursuant to this
article and who have not fully satisfied their obligations and to any persons who have
served a notice pursuant to section 49-264 regarding the site.

C. After the conclusion of the public comment period, the director shall prepare a
comprehensive responsiveness summary and an amended record of decision regarding the
remedial action plan. The amended record of decision is a final agency action as of the
date the director signs the final record of decision.

D. The director shall serve written notice of the amended record of decision
pursuant to section 49-287.04, subsection G.

E. Any notice of appeal of the amended record of decision shall be made pursuant to
section 49-287.04, subsection I.

F. A person who is or may be adversely affected by a remedial action selected in a
record of decision may file an action in the superior court against the director and any
political subdivision that has been awarded fund monies pursuant to section
49-282,subsection F in order to enforce the time periods for commencing implementation
and completing a remedial action that are contained in a record of decision. This action
shall be filed in the same manner as provided in section 49-264.