TITLE 39

HEALTH AND SAFETY

CHAPTER 72

IDAHO LAND REMEDIATION ACT

39-7206.  Evaluation and review responsibilities. (1) Pursuant to the signed voluntary remediation agreement, the department or a person under contract with the department shall do the following:

(a)  Review and evaluate the site and the affected area surrounding the site;

(b)  Review and evaluate the proposed voluntary remediation work plan for protection of public health and the environment based on rules promulgated by the board.

(2)  At any time during the evaluation of a proposed voluntary remediation work plan, the department may request that a person submit additional or corrected information to the department. A person may:

(a)  Comply with the request; or

(b)  Withdraw the person’s proposed voluntary remediation work plan from consideration and terminate the voluntary remediation agreement.

(3)  Before the department approves a proposed voluntary remediation work plan under this section, the department must:

(a)  Notify local government units located in a county affected by the proposed voluntary remediation work plan of the work plan; and,

(b)  Provide that a copy of the proposed voluntary remediation work plan and a copy of the voluntary remediation agreement be placed in at least one (1) public library in a county affected by the work plan; and,

(c)  Notify by reasonable public notice potentially affected persons to request comments concerning the proposed voluntary remediation work plan; and,

(d)  Provide a comment period of at least thirty (30) days following publication of a notice under this section. During the comment period, interested potentially affected persons may do the following:

(i)  submit written comments to the department concerning the proposed voluntary remediation work plan,

(ii) request a public hearing concerning the proposed voluntary remediation work plan.

(4)  If the department receives a significant number of written requests from potentially affected persons, the department may hold a public hearing in the geographical area affected by the proposed voluntary remediation work plan on the question of whether to modify, approve or reject the work plan. All written comments and public testimony shall be considered by the department.

(5)  The department shall:

(a)  Approve;

(b)  Modify and approve; or

(c)  Reject the proposed voluntary remediation work plan.

(6)  If the department rejects a proposed voluntary remediation work plan under this section:

(a)  The department shall notify the person and specify the reasons for rejecting the work plan; and

(b)  The person may appeal the department’s decision under chapter 52, title 67, Idaho Code.

(7)  If the department approves, or modifies and approves, a proposed voluntary remediation work plan under this section, the department shall:

(a)  Notify the person in writing, under the applicable provisions set forth in this chapter, that the voluntary remediation work plan has been approved, or modified and approved;

(b)  Incorporate the approved voluntary remediation work plan into the voluntary remediation agreement.

History:

[39-7206, added 1996, ch. 252, sec. 1, p. 798.]