§128D-35  Denial of application.  (a) The director may deny an application submitted under section 128D-34.  Indenying an application, the director may consider the following:

(1)  The nature and extent of any past, current, orfuture actions by the department regarding the proposed site and the impact thevoluntary response action might have on these past, current, or future actions;

(2)  Site eligibility based on the criteria in section128D-33;

(3)  Completeness and accurateness of the application:

(A)  If an application is denied because it isincomplete or inaccurate, the director, not later than forty-five days afterreceipt of the application, shall identify the omission or inaccuracy for therequesting party.  A requesting party whose application has been denied becauseit is incomplete or inaccurate, may resubmit an  application for the sameresponse action without submitting an additional application fee; and

(B)  If a requesting party's application isdenied a second time, the director may require an additional $1,000 processingfee for any subsequent submittal;

(4)  Inappropriate or inadequate scope of work;

(5)  Pending litigation;

(6)  The capacity of the requesting party or therequesting party's agent to carry out the response action properly;

(7)  Whether the public will receive substantialbenefit from the cleanup, including but not limited to environmentalimprovement and economic development;

(8)  Whether the continued operation of the site ornew site development, with the exercise of due care, will aggravate orcontribute to the existing contamination or interfere with the department'sresponse action;

(9)  Whether the continued operation or newdevelopment of the property will pose health risks to the community and thosepersons likely to be present at the site; or

(10)  The financial viability of the prospectivepurchaser.

(b)  If the director finally denies theapplication, the director shall:

(1)  Notify the requesting party that the applicationhas been denied; and

(2)  Explain the reasons for denial of theapplication. [L 1997, c 377, pt of §2; am L 1998, c 233, §3]