49-177. Work plan review and approval

A. After receipt of a work plan submitted pursuant to section 49-175, the department shall expeditiously review, approve, deny or request modifications to the work plan.  The department shall notify the applicant in writing of any deficiencies in the work plan or modifications necessary for approval.

B. The department shall approve a work plan if, after considering the information in the work plan and any public comments the director finds that:

1. If characterization has not been completed, that characterization will be completed in a timely manner.

2. If characterization has been completed, that the proposed remediation is reasonably likely to achieve the remediation levels or controls established pursuant to section 49-175, subsection B in a timely manner.

3. The proposed community involvement meets the requirements of section 49-176.

4. The work to be performed complies with any applicable corrective or remedial action requirements of any applicable permit required under this title.  If proposed remediation under this article requires a permit, a solid waste facility plan approval pursuant to section 49-762.03, or a modification, the permit, plan approval, or modification shall be obtained through the applicable program.

5. The proposed remediation is consistent with title 45, chapter 2.

6. The work to be performed complies with any otherwise applicable laws and rules.

C. The department may deny a work plan if the applicant fails or refuses to correct deficiencies or make modifications required for approval, if the proposed remediation would interfere with or substantially increase the cost of a remedial action that the department may conduct to address waters of the state pursuant to chapter 2, article 5 of this title, or if the director determines that the applicant is not financially capable of conducting the work proposed in the work plan.

D. If approved, the work proposed in the work plan, including the community involvement requirements, shall be performed according to the requirements and schedule set forth in the work plan.  Any permits or permit modifications needed to implement an approved plan shall be obtained as required through the applicable program.  The approval suspends any remedial action by the director at the site or portion of the site described in the approved work plan, including the issuance of any order or the filing of any action to compel the work approved in the work plan, to the extent determined by the director to be appropriate.  The actions to be suspended shall be specifically stated in the director's approval.

E. The department may inspect sites approved under this section at reasonable times and require reporting.  The department may also request modifications pursuant to section 49-180.

F. After approval of the work plan, the department shall not take any action against the applicant that has been suspended unless the applicant notifies the department that it is withdrawing from the voluntary remediation program or the department terminates an applicant’s participation in the program pursuant to section 49-178.

G. Approval of a work plan under this section that includes the withdrawal of groundwater qualifies the applicant for remediated groundwater incentives set forth in Laws 1997, chapter 287, sections 51 and 52 only if the remedial action is designed primarily to address a release of a contaminant that is a hazardous substance.

H. If the department denies the work plan, the applicant may initiate dispute resolution under section 49-185, subsection B or C.