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

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

(c)  Each application shall include but not belimited 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 mailaddresses;

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

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

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

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

(7)  A description of any civil, criminal, oradministrative actions relative to the environmental matters of the subjectproperty;

(8)  A written consent by the property ownersupporting the proposed voluntary response action including any restrictions ofproperty rights; and

(9)  The signature of the requesting party.

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

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

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