§128D-33  Eligibility.  (a)  This part
shall apply to all releases or threats of releases to which the director is
authorized to respond under section 128D-4, except:



(1)  A site listed or proposed to be listed on the
National Priorities List (NPL) pursuant to the Comprehensive Environmental
Response, Compensation, and Liability Act (CERCLA);



(2)  Those sites with respect to which an order or
other enforcement actions has been issued or entered under CERCLA and is still
in effect;



(3)  A site where the United States Coast Guard has
issued a federal Letter of Interest;



(4)  A site that is subject to corrective action under
Subtitle C of the Resource Conservation and Recovery Act (RCRA) or chapter
342J; and



(5)  A site that poses an imminent and substantial threat
to human health, the environment, or natural resources as determined by the
director.



(b)  The requesting party shall provide the
department with written consent from the property owner to conduct the
voluntary response action including any restrictions of property rights.



(c)  The requesting party shall pay a
nonrefundable processing fee of $1,000 with each application to be eligible for
a voluntary response action. [L 1997, c 377, pt of §2; am L 1998, c 233, §2]