Current through Reg. 50, No. 13; March 28, 2025
(a)
Before the Site Remediation Section evaluates any plan or report detailing the
cleanup goals and proposed response action methods, the eligible applicant
shall enter into a voluntary cleanup agreement with the Commission that sets
forth the terms and conditions of the evaluation of the reports and the
implementation of work plans.
(b) A
voluntary cleanup agreement shall:
(1)
include provisions by which the participant commits to pay the Commission all
reasonable costs:
(A) incurred by the
Commission for review and oversight of the participant's work plan and reports
and for the Commission's field activities;
(B) attributable to the voluntary cleanup
agreement including direct and indirect costs of overhead, salaries, equipment,
utilities, and legal, management, and support costs; and
(C) that exceed the amount of the application
fee submitted to the Commission by the applicant as required by §
4.415 of this title (relating to
Application to Participate in the Voluntary Cleanup Program);
(2) identify all statutes and
rules with which the participant shall comply;
(3) identify all state and federal standards,
requirements, criteria, or limitations to which the response action would
otherwise be subject if a state or federal permit were required;
(4) describe any work plan or report that the
participant is required to submit for review by the Commission, including a
final report that provides all information necessary to verify that all work
contemplated by the voluntary cleanup agreement has been completed;
(5) include a schedule for the participant to
submit and for the Site Remediation Section to review the information required
by paragraph (4) of this subsection;
(6) identify specific tasks, deliverables,
and schedules for conducting and completing the response action, including
terms specifying negotiating periods between reports and consequences for
failure to meet deadlines in the agreement;
(7) state the technical standards to be
applied by the Site Remediation Section in evaluating the work plans and
reports with reference to the proposed future land use to be achieved;
and
(8) be signed by both the
participant or the participant's authorized representative and the Assistant
Director.
(c) If the
eligible applicant and the Commission do not reach an agreement on or before
the 30th day after good faith negotiations have begun:
(1) either the eligible applicant or the
Commission may withdraw from the negotiations, in which event the Commission
shall retain the application fee; or
(2) the eligible applicant and the Commission
may continue negotiating.
(d) The Commission shall not initiate an
enforcement action against a participant who is in compliance with this section
for the contamination or release that is the subject of the voluntary cleanup
agreement or for activity that resulted in the contamination or release that is
the subject of a voluntary cleanup agreement.
