Section 49-172 - ApplicabilityA. Except as provided in subsection B of this section, any person may request the department to review and approve work to be performed or already performed that addresses or has addressed a release of a contaminant to the environment by submitting an application to participate in the voluntary remediation program established by this article.B. This article shall not apply to any of the following activities:1. Corrective action at or closure of a facility that has qualified for interim status or to which a permit has been issued pursuant to section 49-922.2. Corrective action pursuant to section 49-1005, unless the person waives any right to reimbursement of costs from the state assurance fund.3. Remedial actions required by the terms of any of the following:(a) A written agreement between the applicant and the director entered into before the date of an application under this article.(b) A judicial judgment or decree.(c) An administrative order issued before the date of an application under this article.4. Remedial actions sought to be required in the complaint in a judicial action filed and served by the state before the date of the application under this article.5. Remedial actions at a site or portion of a site listed on the registry maintained pursuant to section 49-287.01, subsection D that address a contaminant of concern at that site, except that the department may accept an application under this article for remediation of a site or a portion of a site for which a preliminary investigation has been commenced or completed pursuant to section 49-287.01 but that has not been listed on the registry maintained pursuant to section 49-287.01, subsection D.