[PART
II.]  VOLUNTARY RESPONSE PROGRAM



 



§128D-31  [General provisions.]  (a) 
Except as otherwise provided in this part, all requirements of rules adopted
pursuant to part I shall apply to voluntary response actions conducted pursuant
to this part.  All voluntary response actions, where an exemption from
liability may be granted by the department, shall follow the public
participation requirements of the remedial process as described in rules
adopted pursuant to part I.



(b)  Additionally, within ten days of receiving
an application and processing fee, the department shall:



(1)  Post a sign at the site notifying the public of
participation in the voluntary response program, the public's opportunity to
comment, and how a copy of the application may be obtained; and



(2)  Send a brief summary of the application to the
office of environmental quality control for publication in the office's
bulletin along with instructions for obtaining a copy of the application and
commenting procedures to the department.



The comment period shall run concurrently with and
shall not delay the application process.



(c)  This part shall apply to any person who
chooses to conduct a voluntary response action.  However, the exemption from
liability in section 128D-40 shall only apply to prospective purchasers. [L
1997, c 377, pt of §2; am L 1998, c 233, §1]