Idaho Admin. Code r. 58.01.18.021

Current through September 2, 2024

Section 58.01.18.021 - VOLUNTARY REMEDIATION AGREEMENTS

01.Negotiation of Agreement. If the Department accepts an application pursuant to Section 39-7204, Idaho Code, the applicant may enter into an agreement with the Department. The Department will not evaluate a voluntary remediation work plan (work plan) until the agreement is signed by the applicant and the Director.

02.Contents. The agreement must include the information in Section 39-7205, Idaho Code, and the following:

a. A mechanism and schedule for the payment of all actual reasonable costs incurred by the Department in the review and oversight of the work plan; and

b. A provision that the applicant must comply with any applicable zoning authorities or other local, state, or federal law, in implementing the work plan.

03.Reimbursement of Costs Included in Agreement.

a. The agreement will include a provision for the payment and accounting of reasonable oversight costs incurred by the Department in connection with the person's application and participation in the voluntary remediation program.

b. Costs incurred by the Department for oversight of voluntary remediation actions will be reimbursed in the following manner, which is specified in the agreement.

i. The applicant must deposit two thousand five hundred dollars ($2,500) with the Department.

ii. The unused portion of the deposit will be returned to the applicant within sixty (60) days of Department issuance of a certificate of completion.

iii. If funding is required for costs incurred in excess of the initial two thousand five hundred dollars ($2,500) deposit, the Department will, in advance, notify the applicant of necessary successive deposits in the amount of two thousand five hundred dollars ($2,500).

04.Oversight Costs. Oversight costs will include the following:

a. The review, processing, and negotiation of the agreement;

b. The review, processing, and negotiation of the work plan;

c. Conducting public hearing and dissemination of public notices;

d. Oversight of work performed in accordance with the work plan;

e. Issuance of the certificate of completion;

f. Issuance of a covenant not to sue; and

g. Administrative expenses associated with cost recovery activities.

05.Enforceability. Upon signing of the agreement by the Department and the applicant, the agreement will constitute a contract between the Department and the applicant enforceable in accordance with its terms, subject to:

a. The Department's right to rescind the agreement as provided in Section 39-7208, Idaho Code; and

b. The applicant's right to terminate the agreement under Subsection 021.06.

06.Termination of Agreement.

a. An applicant may terminate the agreement for any of the following reasons:

i. The applicant decides to terminate the agreement rather than submit additional or corrected information to the Department as provided in Section 39-7206(2)(b), Idaho Code; or

ii. The work plan is modified or rejected as provided in Section 39-7206(5), Idaho Code.

b. The termination of an agreement as provided in Section 39-7206, Idaho Code, does not relieve the applicant from the obligation to comply with any applicable authorities regarding the contamination at the site, and the Department may initiate administrative or judicial action under applicable authorities.

Idaho Admin. Code r. 58.01.18.021

Effective March 24, 2022