§128D-31  General provisions.  (a)  Except as otherwise provided in this part, all requirements of rules adopted pursuant to part I shall apply to voluntary response actions conducted pursuant to this part.  All voluntary response actions, where an exemption from liability may be granted by the department, shall follow the public participation requirements of the remedial process as described in rules adopted pursuant to part I.

     (b)  Additionally, within ten days of receiving an application and processing fee, the department shall:

     (1)  Post a sign at the site notifying the public of participation in the voluntary response program, the public's opportunity to comment, and how a copy of the application may be obtained; and

     (2)  Send a brief summary of the application to the office of planning and sustainable development for publication in the office's bulletin along with instructions for obtaining a copy of the application and commenting procedures to the department.

The comment period shall run concurrently with and shall not delay the application process.

     (c)  This part shall apply to any person who chooses to conduct a voluntary response action.  However, the exemption from liability in section 128D-40 shall only apply to prospective purchasers. [L 1997, c 377, pt of §2; am L 1998, c 233, §1; am L 2021, c 152, §16 and c 153, §9]