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

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

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

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

(4)  A site that is subject to corrective action underSubtitle C of the Resource Conservation and Recovery Act (RCRA) or chapter342J; and

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

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

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