Current through August 31, 2023
01.
Negotiation of Agreement. If the Department accepts an application
pursuant to Section
39-7204, Idaho Code, the applicant
may enter into an agreement with the Department. The Department will not
evaluate a voluntary remediation work plan (work plan) until the agreement is
signed by the applicant and the Director. (3-24-22)
02.
Contents. The agreement must
include the information in Section
39-7205, Idaho Code, and the
following: (3-24-22)
a. A mechanism and
schedule for the payment of all actual reasonable costs incurred by the
Department in the review and oversight of the work plan; and
(3-24-22)
b. A provision that the
applicant must comply with any applicable zoning authorities or other local,
state, or federal law, in implementing the work plan.
(3-24-22)
03.
Reimbursement of Costs Included in Agreement. (3-24-22)
a. The agreement will include a provision for
the payment and accounting of reasonable oversight costs incurred by the
Department in connection with the person's application and participation in the
voluntary remediation program. (3-24-22)
b. Costs incurred by the Department for
oversight of voluntary remediation actions will be reimbursed in the following
manner, which is specified in the agreement. (3-24-22)
i. The applicant must deposit two thousand
five hundred dollars ($2,500) with the Department. (3-24-22)
ii. The unused portion of the deposit will be
returned to the applicant within sixty (60) days of Department issuance of a
certificate of completion. (3-24-22)
iii. If funding is required for costs
incurred in excess of the initial two thousand five hundred dollars ($2,500)
deposit, the Department will, in advance, notify the applicant of necessary
successive deposits in the amount of two thousand five hundred dollars
($2,500). (3-24-22)
04.
Oversight Costs. Oversight
costs will include the following: (3-24-22)
a.
The review, processing, and negotiation of the agreement; (3-24-22)
b. The review, processing, and negotiation of
the work plan; (3-24-22)
c.
Conducting public hearing and dissemination of public notices;
(3-24-22)
d. Oversight of work
performed in accordance with the work plan; (3-24-22)
e. Issuance of the certificate of completion;
(3-24-22)
f. Issuance of a covenant
not to sue; and (3-24-22)
g.
Administrative expenses associated with cost recovery activities.
(3-24-22)
05.
Enforceability. Upon signing of the agreement by the Department
and the applicant, the agreement will constitute a contract between the
Department and the applicant enforceable in accordance with its terms, subject
to: (3-24-22)
a. The Department's right to
rescind the agreement as provided in Section
39-7208, Idaho Code; and
(3-24-22)
b. The applicant's right
to terminate the agreement under Subsection
021.06.
(3-24-22)
06.
Termination of Agreement. (3-24-22)
a. An applicant may terminate the agreement
for any of the following reasons: (3-24-22)
i. The applicant decides to terminate the
agreement rather than submit additional or corrected information to the
Department as provided in Section
39-7206(2)(b),
Idaho Code; or (3-24-22)
ii. The
work plan is modified or rejected as provided in Section
39-7206(5), Idaho
Code. (3-24-22)
b. The
termination of an agreement as provided in Section
39-7206, Idaho Code, does not
relieve the applicant from the obligation to comply with any applicable
authorities regarding the contamination at the site, and the Department may
initiate administrative or judicial action under applicable authorities.
(3-24-22)
