65-34,165.Application; fee; action on; agreement; deposit; access toproperty; termination of agreement; fund, use and disposition of.(a) Each application or reapplication for participation in thevoluntaryprogram shall be accompanied by a nonrefundable application fee of $200 tocover processing costs.
(b) The department shall review and approve or deny all applications.
(c) The department shall notify the applicant in writing, whether theapplication is approved or denied. If the application is denied, thenotification shall state the reason for the denial.
(d) Following departmental approval of an application, a voluntaryagreement in accordance with this act must be executed between the participantand the department. Thedepartment shall not commence oversight and review activities until thevoluntary agreement is executed.
(e) As part of the voluntary agreement, the department shall require theapplicant to post a deposit not to exceed $5,000. The deposit shall be used tocover all direct and indirect costs of the department in administration of theprogram, including but is not limited to providing technical review,oversight and guidance in relation to the property covered in the application.If the costs ofthe department exceed the initial deposit, an additional amount agreed upon bythe department and the applicant will be required prior to proceeding withany voluntary work under the program. Timely remittance of reimbursements tothe department is a condition of continuing participation. After the mutualtermination of the voluntary agreement, the department shall refund anyremaining balance within 60 days.
(f) During the time allocated for review of applications, assessments,other investigative activities and remedial activities under this act, thedepartment, upon reasonable notice to the applicant, shall have access at allreasonable times to the subject real property.
(g) The applicant may unilaterally terminate the voluntary agreementprior to completion of investigative and remedial activities if theapplicant leaves the site in no worse condition, from a human health andenvironmental perspective, than when the applicant initiated voluntaryactivities. The applicant must notify the department in writing of theintention to terminate the voluntary agreement. The department will ceasebilling for review of any submittal under the voluntary agreement upon receiptof notification. Within 90 days after receipt of notification for termination,the department shall provide a final bill for services provided. If theapplicant requests termination of the voluntary agreement under thissubsection, initial deposits are not refundable. In the event the departmenthas costs in excess of the initial deposit, the applicant must remit fullpayment of those costs. Upon payment of all costs, the department shall notifythe applicant in writing that the voluntary agreement has been terminated.
(h) The department may terminate the voluntary agreement if theapplicant:
(1) Violates any terms or conditions of the voluntary agreement orfails to fulfill any obligations of the voluntary agreement; or
(2) fails to address an immediate and significant risk of harm topublic health and the environment in an effective and timely manner.
The department shall notify the applicant in writing of the intention toterminate the voluntary agreement and include a summary of the costs of thedepartment. The notification shall state the reason or reasons for thetermination.
(i) There is established a fund in the state treasury thevoluntary cleanup fund. Revenue from the following sources shall be depositedin the state treasury and credited to the fund:
(1) Moneys collected for application fees;
(2) moneys collected as deposits for costs associated withadministration of the act, including technical review, oversight and guidance;
(3) moneys received by the secretary in the form of gifts,grants, reimbursements or appropriations from any source intended to be usedfor purposes of the fund; and
(4) interest attributable to the investment of moneys in the fund.
(j) Moneys in the voluntary cleanup fund shall only be expended for costsof:
(1) Review of applications;
(2) technical review, oversight, guidance and other activitiesnecessary to carry out the provisions of this act;
(3) activities performed by the department to address immediate oremergency threats to human health and the environment related to a propertyunder this act; and
(4) administration and enforcement of the provisions of this act.
(k) On or before the 10th of each month following the month in whichmoneys are first credited to the voluntary cleanup fund, and monthly thereafteron or before the 10th of each month, the director of accounts and reports shalltransfer from the state general fund to the voluntary cleanup fundinterest earnings based on:
(1) The average daily balance of moneys in the voluntary cleanup fund forthe preceding month; and
(2) the net earnings rate of the pooled money investment portfolio for thepreceding month.
(1) All expenditures from the fund shall be made in accordancewith appropriation acts upon warrants of the director of accounts and reportsissued pursuant to vouchers approved by the secretary for the purposes setforth in this section.
65-34,165.Application; fee; action on; agreement; deposit; access toproperty; termination of agreement; fund, use and disposition of.(a) Each application or reapplication for participation in thevoluntaryprogram shall be accompanied by a nonrefundable application fee of $200 tocover processing costs.
(b) The department shall review and approve or deny all applications.
(c) The department shall notify the applicant in writing, whether theapplication is approved or denied. If the application is denied, thenotification shall state the reason for the denial.
(d) Following departmental approval of an application, a voluntaryagreement in accordance with this act must be executed between the participantand the department. Thedepartment shall not commence oversight and review activities until thevoluntary agreement is executed.
(e) As part of the voluntary agreement, the department shall require theapplicant to post a deposit not to exceed $5,000. The deposit shall be used tocover all direct and indirect costs of the department in administration of theprogram, including but is not limited to providing technical review,oversight and guidance in relation to the property covered in the application.If the costs ofthe department exceed the initial deposit, an additional amount agreed upon bythe department and the applicant will be required prior to proceeding withany voluntary work under the program. Timely remittance of reimbursements tothe department is a condition of continuing participation. After the mutualtermination of the voluntary agreement, the department shall refund anyremaining balance within 60 days.
(f) During the time allocated for review of applications, assessments,other investigative activities and remedial activities under this act, thedepartment, upon reasonable notice to the applicant, shall have access at allreasonable times to the subject real property.
(g) The applicant may unilaterally terminate the voluntary agreementprior to completion of investigative and remedial activities if theapplicant leaves the site in no worse condition, from a human health andenvironmental perspective, than when the applicant initiated voluntaryactivities. The applicant must notify the department in writing of theintention to terminate the voluntary agreement. The department will ceasebilling for review of any submittal under the voluntary agreement upon receiptof notification. Within 90 days after receipt of notification for termination,the department shall provide a final bill for services provided. If theapplicant requests termination of the voluntary agreement under thissubsection, initial deposits are not refundable. In the event the departmenthas costs in excess of the initial deposit, the applicant must remit fullpayment of those costs. Upon payment of all costs, the department shall notifythe applicant in writing that the voluntary agreement has been terminated.
(h) The department may terminate the voluntary agreement if theapplicant:
(1) Violates any terms or conditions of the voluntary agreement orfails to fulfill any obligations of the voluntary agreement; or
(2) fails to address an immediate and significant risk of harm topublic health and the environment in an effective and timely manner.
The department shall notify the applicant in writing of the intention toterminate the voluntary agreement and include a summary of the costs of thedepartment. The notification shall state the reason or reasons for thetermination.
(i) There is established a fund in the state treasury thevoluntary cleanup fund. Revenue from the following sources shall be depositedin the state treasury and credited to the fund:
(1) Moneys collected for application fees;
(2) moneys collected as deposits for costs associated withadministration of the act, including technical review, oversight and guidance;
(3) moneys received by the secretary in the form of gifts,grants, reimbursements or appropriations from any source intended to be usedfor purposes of the fund; and
(4) interest attributable to the investment of moneys in the fund.
(j) Moneys in the voluntary cleanup fund shall only be expended for costsof:
(1) Review of applications;
(2) technical review, oversight, guidance and other activitiesnecessary to carry out the provisions of this act;
(3) activities performed by the department to address immediate oremergency threats to human health and the environment related to a propertyunder this act; and
(4) administration and enforcement of the provisions of this act.
(k) On or before the 10th of each month following the month in whichmoneys are first credited to the voluntary cleanup fund, and monthly thereafteron or before the 10th of each month, the director of accounts and reports shalltransfer from the state general fund to the voluntary cleanup fundinterest earnings based on:
(1) The average daily balance of moneys in the voluntary cleanup fund forthe preceding month; and
(2) the net earnings rate of the pooled money investment portfolio for thepreceding month.
(1) All expenditures from the fund shall be made in accordancewith appropriation acts upon warrants of the director of accounts and reportsissued pursuant to vouchers approved by the secretary for the purposes setforth in this section.
65-34,165.Application; fee; action on; agreement; deposit; access toproperty; termination of agreement; fund, use and disposition of.(a) Each application or reapplication for participation in thevoluntaryprogram shall be accompanied by a nonrefundable application fee of $200 tocover processing costs.
(b) The department shall review and approve or deny all applications.
(c) The department shall notify the applicant in writing, whether theapplication is approved or denied. If the application is denied, thenotification shall state the reason for the denial.
(d) Following departmental approval of an application, a voluntaryagreement in accordance with this act must be executed between the participantand the department. Thedepartment shall not commence oversight and review activities until thevoluntary agreement is executed.
(e) As part of the voluntary agreement, the department shall require theapplicant to post a deposit not to exceed $5,000. The deposit shall be used tocover all direct and indirect costs of the department in administration of theprogram, including but is not limited to providing technical review,oversight and guidance in relation to the property covered in the application.If the costs ofthe department exceed the initial deposit, an additional amount agreed upon bythe department and the applicant will be required prior to proceeding withany voluntary work under the program. Timely remittance of reimbursements tothe department is a condition of continuing participation. After the mutualtermination of the voluntary agreement, the department shall refund anyremaining balance within 60 days.
(f) During the time allocated for review of applications, assessments,other investigative activities and remedial activities under this act, thedepartment, upon reasonable notice to the applicant, shall have access at allreasonable times to the subject real property.
(g) The applicant may unilaterally terminate the voluntary agreementprior to completion of investigative and remedial activities if theapplicant leaves the site in no worse condition, from a human health andenvironmental perspective, than when the applicant initiated voluntaryactivities. The applicant must notify the department in writing of theintention to terminate the voluntary agreement. The department will ceasebilling for review of any submittal under the voluntary agreement upon receiptof notification. Within 90 days after receipt of notification for termination,the department shall provide a final bill for services provided. If theapplicant requests termination of the voluntary agreement under thissubsection, initial deposits are not refundable. In the event the departmenthas costs in excess of the initial deposit, the applicant must remit fullpayment of those costs. Upon payment of all costs, the department shall notifythe applicant in writing that the voluntary agreement has been terminated.
(h) The department may terminate the voluntary agreement if theapplicant:
(1) Violates any terms or conditions of the voluntary agreement orfails to fulfill any obligations of the voluntary agreement; or
(2) fails to address an immediate and significant risk of harm topublic health and the environment in an effective and timely manner.
The department shall notify the applicant in writing of the intention toterminate the voluntary agreement and include a summary of the costs of thedepartment. The notification shall state the reason or reasons for thetermination.
(i) There is established a fund in the state treasury thevoluntary cleanup fund. Revenue from the following sources shall be depositedin the state treasury and credited to the fund:
(1) Moneys collected for application fees;
(2) moneys collected as deposits for costs associated withadministration of the act, including technical review, oversight and guidance;
(3) moneys received by the secretary in the form of gifts,grants, reimbursements or appropriations from any source intended to be usedfor purposes of the fund; and
(4) interest attributable to the investment of moneys in the fund.
(j) Moneys in the voluntary cleanup fund shall only be expended for costsof:
(1) Review of applications;
(2) technical review, oversight, guidance and other activitiesnecessary to carry out the provisions of this act;
(3) activities performed by the department to address immediate oremergency threats to human health and the environment related to a propertyunder this act; and
(4) administration and enforcement of the provisions of this act.
(k) On or before the 10th of each month following the month in whichmoneys are first credited to the voluntary cleanup fund, and monthly thereafteron or before the 10th of each month, the director of accounts and reports shalltransfer from the state general fund to the voluntary cleanup fundinterest earnings based on:
(1) The average daily balance of moneys in the voluntary cleanup fund forthe preceding month; and
(2) the net earnings rate of the pooled money investment portfolio for thepreceding month.
(1) All expenditures from the fund shall be made in accordancewith appropriation acts upon warrants of the director of accounts and reportsissued pursuant to vouchers approved by the secretary for the purposes setforth in this section.
