[§128D-41]  Termination of voluntary
response action.  (a)  An agreement under this part may be terminated by
the requesting party at any time.



(b)  The director may terminate an agreement
pursuant to this section when:



(1)  There is an imminent and substantial threat to
public health, the environment, or natural resources;



(2)  The requesting party is not acting in good faith;



(3)  Inadequate funds remain in the site-specific
account;



(4)  An applicant becomes ineligible after initiating
the action pursuant to sections [128D-33] and [128D-35];



(5)  An applicant fails to comply with the terms of
the agreement noted in section [128D-34(e)]; or



(6)  The draft remedial action is inadequate.



(c)  Termination of the agreement pursuant to
this section does not affect any right the director may have under any law to
recover costs or to take enforcement action.



(d)  Nothing in this part prohibits the
department from taking enforcement action prior to completion of the voluntary
response action.  Furthermore, the director may, at any time, use the
director's authority under section 128D-4 when it is deemed necessary. [L 1997,
c 377, pt of §2]