39-7205. WORK PLANS. (1) If the department determines an application is eligible under this chapter, the person may submit a proposed voluntary remediation work plan to the department. Before the department evaluates a proposed voluntary remediation work plan, the person who submitted the work plan and the department must enter into a voluntary remediation agreement that sets forth the terms and conditions of the evaluation and the implementation of the work plan.

(a) A voluntary remediation agreement must include the following:

(i) An estimation of costs the department may incur under this chapter;

(ii) A payment schedule of all reasonable costs estimated to be incurred by the department in the review and oversight of the work plan;

(iii) A provision for the department’s oversight including access to site and pertinent site records;

(iv) A timetable for the department to do the following:

1. Reasonably review and evaluate the adequacy of the work plan; or

2. Make a determination concerning the approval or rejection of the work plan;

(v) A provision to modify the voluntary remediation agreement and voluntary remediation work plan based upon unanticipated site conditions;

(vi) Any other conditions considered necessary by the department or the person concerning the effective and efficient implementation of this chapter.

(b) A proposed voluntary remediation work plan must include a proposed statement of work and schedule to accomplish the remediation in accordance with rules established by the board. Any institutional control proposed as part of a work plan that requires activity and/or use limitations shall comply with the uniform environmental covenants act, chapter 30, title 55, Idaho Code.

(2) If a voluntary remediation agreement is not reached between a person and the department within a reasonable time after good faith negotiations have begun, the person or the department may withdraw from the negotiations.

History:

[39-7205, added 1996, ch. 252, sec. 1, p. 798; am. 2010, ch. 99, sec. 1, p. 191.]