[PARTII.]  VOLUNTARY RESPONSE PROGRAM

 

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

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

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

(2)  Send a brief summary of the application to theoffice of environmental quality control for publication in the office'sbulletin along with instructions for obtaining a copy of the application andcommenting procedures to the department.

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

(c)  This part shall apply to any person whochooses to conduct a voluntary response action.  However, the exemption fromliability in section 128D-40 shall only apply to prospective purchasers. [L1997, c 377, pt of §2; am L 1998, c 233, §1]