49-178. Termination and withdrawal

A. An applicant may withdraw from the voluntary remediation program at any time.

B. After complying with subsection C of this section, the department may terminate an applicant’s participation in the voluntary remediation program if the applicant does any of the following:

1. Fails to submit a work plan pursuant to section 49-175 or a report pursuant to section 49-181 within a reasonable time period, whichever is applicable.

2. Fails to comply with the work plan requirements approved under section 49-177.

3. Fails to substantially comply with the schedule for completion submitted pursuant to section 49-175, subsection A, paragraphs 2 or 3 and approved pursuant to section 49-177.

4. Fails to reimburse the department for its costs as required by section 49-179.

5. Fails to modify the work plan pursuant to the department's request under section 49-180.

6. Fails to submit and obtain approval for phases of work or other tasks described in the work plan if such approval is a condition of the work plan.

7. Submits false information, misrepresents information or fails to disclose material information.

C. Before terminating an applicant’s participation in the voluntary remediation program for any reason pursuant to this section, the department shall send to the applicant a written notice of deficiency and shall provide the applicant a reasonable opportunity to correct the deficiency.  If the deficiency is not corrected within a reasonable time set by the department, the department may terminate an applicant’s participation in the program as provided in subsection B of this section.

D. If an approved application is terminated or withdrawn, the suspension of actions pursuant to section 49-177, subsection F is withdrawn.