49-172. Applicability
A. Except as provided in subsection B of this section, any person may request the department to review and approve work to be performed or already performed that addresses or has addressed a release of a contaminant to the environment by submitting an application to participate in the voluntary remediation program established by this article.
B. This article shall not apply to any of the following activities:
1. Corrective action at or closure of a facility that has qualified for interim status or to which a permit has been issued pursuant to section 49-922.
2. Corrective action pursuant to section 49-1005, unless the person waives any right to reimbursement of costs from the state assurance fund.
3. Remedial actions required by the terms of any of the following:
(a) A written agreement between the applicant and the director entered into before the date of an application under this article.
(b) A judicial judgment or decree.
(c) An administrative order issued before the date of an application under this article.
4. Remedial actions sought to be required in the complaint in a judicial action filed and served by the state before the date of the application under this article.
5. Remedial actions at a site or portion of a site listed on the registry maintained pursuant to section 49-287.01, subsection D that address a contaminant of concern at that site, except that the department may accept an application under this article for remediation of a site or a portion of a site for which a preliminary investigation has been commenced or completed pursuant to section 49-287.01 but that has not been listed on the registry maintained pursuant to section 49-287.01, subsection D.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.