§128D-33  Eligibility.  (a)  This part shall apply to all releases or threats of releases to which the director is authorized to respond under section 128D-4, except:

     (1)  A site listed or proposed to be listed on the National Priorities List (NPL) pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA);

     (2)  Those sites with respect to which an order or other enforcement actions has been issued or entered under CERCLA and is still in effect;

     (3)  A site where the United States Coast Guard has issued a federal Letter of Interest;

     (4)  A site that is subject to corrective action under Subtitle C of the Resource Conservation and Recovery Act (RCRA) or chapter 342J; and

     (5)  A site that poses an imminent and substantial threat to human health, the environment, or natural resources as determined by the director.

     (b)  The requesting party shall provide the department with written consent from the property owner to conduct the voluntary response action including any restrictions of property rights.

     (c)  The requesting party shall pay a nonrefundable processing fee of $1,000 with each application to be eligible for a voluntary response action. [L 1997, c 377, pt of §2; am L 1998, c 233, §2]