2005 Idaho Code - 39-7205 — WORK PLANS

                                  TITLE  39
                              HEALTH AND SAFETY
                                  CHAPTER 72
                          IDAHO LAND REMEDIATION ACT
    39-7205.  WORK PLANS. (1) If the department determines an application is
eligible under this chapter, the person may submit a proposed voluntary
remediation work plan to the department. Before the department evaluates a
proposed voluntary remediation work plan, the person who submitted the work
plan and the department must enter into a voluntary remediation agreement that
sets forth the terms and conditions of the evaluation and the implementation
of the work plan.
    (a)  A voluntary remediation agreement must include the following:
         (i)   An estimation of costs the department may incur under this
         chapter;
         (ii)  A payment schedule of all reasonable costs estimated to be
         incurred by the department in the review and oversight of the work
         plan;
         (iii) A provision for the department's oversight including access to
         site and pertinent site records;
         (iv)  A timetable for the department to do the following:
              1.  reasonably review and evaluate the adequacy of the work
              plan, or
              2.  make a determination concerning the approval or rejection of
              the work plan;
         (v)   A provision to modify the voluntary remediation agreement and
         voluntary remediation work plan based upon unanticipated site
         conditions;
         (vi)  Any other conditions considered necessary by the department or
         the person concerning the effective and efficient implementation of
         this chapter.
    (b)  A proposed voluntary remediation work plan must include a proposed
    statement of work and schedule to accomplish the remediation in accordance
    with rules established by the board.
    (2)  If a voluntary remediation agreement is not reached between a person
and the department within a reasonable time after good faith negotiations have
begun, the person or the department may withdraw from the negotiations.