[§128D-41]  Termination of voluntary response action.  (a)  An agreement under this part may be terminated by the requesting party at any time.

     (b)  The director may terminate an agreement pursuant to this section when:

     (1)  There is an imminent and substantial threat to public health, the environment, or natural resources;

     (2)  The requesting party is not acting in good faith;

     (3)  Inadequate funds remain in the site-specific account;

     (4)  An applicant becomes ineligible after initiating the action pursuant to sections [128D-33] and [128D-35];

     (5)  An applicant fails to comply with the terms of the agreement noted in section [128D-34(e)]; or

     (6)  The draft remedial action is inadequate.

     (c)  Termination of the agreement pursuant to this section does not affect any right the director may have under any law to recover costs or to take enforcement action.

     (d)  Nothing in this part prohibits the department from taking enforcement action prior to completion of the voluntary response action.  Furthermore, the director may, at any time, use the director's authority under section 128D-4 when it is deemed necessary. [L 1997, c 377, pt of §2]