| (a) Before the Site Remediation Section evaluates any plan
or report detailing the cleanup goals and proposed response action methods,
the eligible applicant shall enter into a voluntary cleanup agreement with
the Commission that sets forth the terms and conditions of the evaluation
of the reports and the implementation of work plans.
(b) A voluntary cleanup agreement shall:
(1) include provisions by which the participant commits to
pay the Commission all reasonable costs:
(A) incurred by the Commission for review and oversight of
the participant's work plan and reports and for the Commission's field activities;
(B) attributable to the voluntary cleanup agreement including
direct and indirect costs of overhead, salaries, equipment, utilities, and
legal, management, and support costs; and
(C) that exceed the amount of the application fee submitted
to the Commission by the applicant as required by §4.415 of this title
(relating to Application to Participate in the Voluntary Cleanup Program);
(2) identify all statutes and rules with which the participant
shall comply;
(3) identify all state and federal standards, requirements,
criteria, or limitations to which the response action would otherwise be subject
if a state or federal permit were required;
(4) describe any work plan or report that the participant is
required to submit for review by the Commission, including a final report
that provides all information necessary to verify that all work contemplated
by the voluntary cleanup agreement has been completed;
(5) include a schedule for the participant to submit and for
the Site Remediation Section to review the information required by paragraph
(4) of this subsection;
(6) identify specific tasks, deliverables, and schedules for
conducting and completing the response action, including terms specifying
negotiating periods between reports and consequences for failure to meet deadlines
in the agreement;
(7) state the technical standards to be applied by the Site
Remediation Section in evaluating the work plans and reports with reference
to the proposed future land use to be achieved; and
(8) be signed by both the participant or the participant's
authorized representative and the Assistant Director.
(c) If the eligible applicant and the Commission do not reach
an agreement on or before the 30th day after good faith negotiations have
begun:
(1) either the eligible applicant or the Commission may withdraw
from the negotiations, in which event the Commission shall retain the application
fee; or
(2) the eligible applicant and the Commission may continue
negotiating.
(d) The Commission shall not initiate an enforcement action
against a participant who is in compliance with this section for the contamination
or release that is the subject of the voluntary cleanup agreement or for activity
that resulted in the contamination or release that is the subject of a voluntary
cleanup agreement.
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