49-180. Modification of work plan

A. An applicant may propose a modification to a work plan at any time by submitting an amended work plan or portions of the work plan.  Sections 49-175 and 49-177, as applicable, govern the amended work plan.

B. Based upon the progress reports submitted by the applicant, the department may request an applicant to submit a proposed modification to the work plan pursuant to this section if the department determines that a modification is necessary in order to meet the remediation levels or objectives within the approved work plan and schedule, including any interim goals.  If the applicant objects to the requested modifications, the applicant may seek dispute resolution regarding the requested modifications pursuant to section 49-185, subsection B or C, or may withdraw from the program.  If the applicant does not make the modifications requested by the department, and if dispute resolution is not successful or if the applicant does not seek dispute resolution within the time period provided by section 49-185, subsection B or C, the department may terminate an applicant’s participation in the program pursuant to section 49-178.

C. Minor changes to the approved work plan that do not substantially change the scope, nature or duration of the work to be performed may be approved in writing by the department and are not subject to section 49-177. Minor changes include changes in the schedule for specific actions for good cause shown by the applicant as long as the overall duration of the tasks in the work plan are not substantially affected.