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

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

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

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

(3)  Inadequate funds remain in the site-specificaccount;

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

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

(6)  The draft remedial action is inadequate.

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

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