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.