§128D-34  Application.  (a) 
For each site at which a requesting party chooses to conduct a voluntary
response action, an application and $1,000 nonrefundable processing fee shall
be submitted.  In the case of a requesting party that is a public or nonprofit
agency, the director may reduce or waive this fee if the director deems it to
be in the public interest.



(b)  The department shall review each
application in a timely manner and approve or deny the application based upon
the requirements in this section and sections 128D-33 and [128D-35].



(c)  Each application shall include but not be
limited to the following information:



(1)  The requesting party's name, mailing address,
telephone number, facsimile number, if applicable, or electronic mail address;



(2)  The property owners' names, mailing addresses,
telephone numbers, facsimile numbers, if applicable, or electronic mail
addresses;



(3)  The property location, mailing address, street or
physical location address, latitude and longitude, tax map key numbers, and
telephone number for the requesting party;



(4)  A brief description of the site, its operational
history, and any known or suspected contamination;



(5)  A listing of any permits obtained by any facility
on the property;



(6)  A description of the intended scope of work;



(7)  A description of any civil, criminal, or
administrative actions relative to the environmental matters of the subject
property;



(8)  A written consent by the property owner
supporting the proposed voluntary response action including any restrictions of
property rights; and



(9)  The signature of the requesting party.



(d)  The requesting party shall provide the
department with any and all reports and data pertaining to environmental
investigations or response actions on the subject property.



(e)  Within sixty days after initial approval
of the application, the requesting party and the department shall negotiate an
agreement for conducting the voluntary response action.  The agreement shall
contain guarantees of completion, such as letters of credit, personal
guarantees, insurance, or similar measures of guarantee.  If, after sixty days,
an agreement cannot be negotiated in good faith, the department may deny the
application.



(f)  The department's decision on an
application shall be final, with no right of appeal. [L 1997, c 377, pt of §2;
am L 2005, c 133, §3]