2005 Idaho Code - 39-7206 — EVALUATION AND REVIEW RESPONSIBILITIES

                                  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.