House Bill (S)

Authored by

DIGEST

Voluntary remediation plans. Revises the law concerning the voluntary remediation of hazardous substances and petroleum. Authorizes the department of environmental management (department) to reject an application for participation in the voluntary remediation program if the applicant or an affiliate of the applicant was previously a party to a voluntary remediation agreement involving the same or substantially the same release or threatened release described in the application and the participation of the applicant or affiliate was terminated for one of the reasons for which termination is allowed. Requires an applicant to submit to the department: (1) a voluntary remediation investigation plan Voluntary remediation plans. Revises the law concerning the voluntary remediation of hazardous substances and petroleum. Authorizes the department of environmental management (department) to reject an application for participation in the voluntary remediation program if the applicant or an affiliate of the applicant was previously a party to a voluntary remediation agreement involving the same or substantially the same release or threatened release described in the application and the participation of the applicant or affiliate was terminated for one of the reasons for which termination is allowed. Requires an applicant to submit to the department: (1) a voluntary remediation investigation plan for either a proposed investigation or a completed investigation; and (2) a voluntary remediation work plan for either a proposed remediation project or a completed remediation project. Establishes requirements and deadlines for voluntary remediation investigation plans and voluntary remediation work plans. Provides that a voluntary remediation agreement between the department and an applicant must include: (1) a requirement that the applicant adequately determine the nature and extent of the actual or threatened release within a certain period; and (2) a requirement that the applicant submit to the department a proposed voluntary remediation work plan or a voluntary remediation work plan for a completed remediation project within a certain period. Provides for the extension of a deadline by mutual agreement of the department and the applicant, and requires the department to grant an extension to a deadline if the applicant demonstrates the need for an extension due to circumstances beyond the control of the applicant. Provides that if an applicant's voluntary remediation work plan is approved and the applicant proceeds with the work plan, the applicant is required to report to the commissioner on the remediation at least annually. Provides that a civil or administrative action against an applicant is not barred after the applicant and the department enter into a voluntary remediation agreement if: (1) the applicant withdraws from the agreement; (2) the commissioner withdraws from the agreement and the withdrawal is upheld in any appeal; or (3) the commissioner terminates the applicant's participation in the program and the termination is upheld in any appeal. Recognizes circumstances under which the commissioner may terminate an applicant's participation in the program, including the failure of the applicant to make reasonable progress to meet deadlines set forth in the work plan approval notification given by the department. ... View more