(a) This part shall apply to all releases or threats of releases to which the director is authorized to respond under section 128D-4, except:
- (1) A site listed or proposed to be listed on the National Priorities List (NPL) pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA);
- (2) Those sites with respect to which an order or other enforcement actions has been issued or entered under CERCLA and is still in effect;
- (3) A site where the United States Coast Guard has issued a federal Letter of Interest;
- (4) A site that is subject to corrective action under Subtitle C of the Resource Conservation and Recovery Act (RCRA) or chapter 342J; and
- (5) A site that poses an imminent and substantial threat to human health, the environment, or natural resources as determined by the director.
- (b) The requesting party shall provide the department with written consent from the property owner to conduct the voluntary response action including any restrictions of property rights.
- (c) The requesting party shall pay a nonrefundable processing fee of $1,000 with each application to be eligible for a voluntary response action.
[L 1997, c 377, pt of §2; am L 1998, c 233, §2]