A. Upon achieving the remediation levels and controls determined pursuant to section 49-175, subsection B, an applicant approved pursuant to section 49-174 may request the department to provide a determination that no further action is needed for a site or portion of a site by submitting a report to the department. The report shall include:

1. 1. A description of the specific contaminants for which a no further action determination is being sought.
2. 2. A description of the actions taken to achieve remediation levels or controls determined in accordance with section 49-175, subsection B.
3. 3. A description of any soil, water, or soil and water treatment systems used as part of the remediation.

4. 4. Whenever institutional or engineering controls are placed on the site:

   1. (a) A demonstration that any engineering control or combination of engineering controls has been constructed, is functioning, and will be maintained.
   2. (b) A description of the proposed land use for the site and a demonstration that the use will not compromise the integrity of the engineering controls and will be in accordance with any institutional controls.
5. 5. If postremediation monitoring is proposed, a description of the type of monitoring, monitoring locations, contaminants to be monitored, monitoring frequency and sampling procedures.
6. 6. A description of community involvement activities undertaken to meet the requirements of section 49-176.
7. 7. A list of permits under this title obtained for the remedial action or held by the applicant pertaining to the site.

C. The director shall grant a request for a no further action determination if, after considering any public comments, the director determines that all of the following conditions exist:

1. 1. The remediation has achieved remediation levels or controls determined in accordance with section 49-175, subsection B.
2. 2. The community involvement requirements of section 49-176 have been satisfied.
3. 3. If institutional or engineering controls are proposed, proof that the declaration of environmental use restriction has been filed that complies with the requirements of section 49-152 or 49-158.
4. 4. The work performed complies with any applicable corrective or remedial action requirements of any applicable permit required under this title. If remediation under this article requires a permit, a solid waste facility plan approval pursuant to section 49-762.03, or a modification, the permit, plan approval, or modification shall be obtained through the applicable program.
5. 5. The remediation is consistent with title 45, chapter 2.
6. 6. The work performed complies with any otherwise applicable laws and rules.
7. 7. The remediation will not interfere with or substantially increase the cost of a remedial action that the department may conduct to address waters of the state pursuant to chapter 2, article 5 of this title.

E. The department may rescind or amend the determination of no further action under this section and require remedial action pursuant to applicable law for any of the following reasons:

1. 1. On discovery of new information that, based on the criteria in subsection C of this section, would result in the potential denial of a no further action request.
2. 2. That information submitted pursuant to subsection A or B of this section was inaccurate, misleading, or incomplete.
3. 3. The reopening of an investigation or the taking of a remedial action is necessary to respond to a release or the threat of a release of a contaminant that may present an imminent and substantial danger to the public health or welfare or the environment.