Termination and withdrawal

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49-178. Termination and withdrawal

A. An applicant may withdraw from the voluntary remediation program at any time.

B. After complying with subsection C of this section, the department may terminate an applicant s participation in the voluntary remediation program if the applicant does any of the following:

1. Fails to submit a work plan pursuant to section 49-175 or a report pursuant to section 49-181 within a reasonable time period, whichever is applicable.

2. Fails to comply with the work plan requirements approved under section 49-177.

3. Fails to substantially comply with the schedule for completion submitted pursuant to section 49-175, subsection A, paragraphs 2 or 3 and approved pursuant to section 49-177.

4. Fails to reimburse the department for its costs as required by section 49-179.

5. Fails to modify the work plan pursuant to the department's request under section 49-180.

6. Fails to submit and obtain approval for phases of work or other tasks described in the work plan if such approval is a condition of the work plan.

7. Submits false information, misrepresents information or fails to disclose material information.

C. Before terminating an applicant s participation in the voluntary remediation program for any reason pursuant to this section, the department shall send to the applicant a written notice of deficiency and shall provide the applicant a reasonable opportunity to correct the deficiency. If the deficiency is not corrected within a reasonable time set by the department, the department may terminate an applicant s participation in the program as provided in subsection B of this section.

D. If an approved application is terminated or withdrawn, the suspension of actions pursuant to section 49-177, subsection F is withdrawn.


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