Eligibility and exceptions -- Grounds for application rejection by executive director.
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(1) a treatment, storage, or disposal facility regulated under 42 U.S.C. 6901 et seq.;
(2) that portion of a site that is on the national priorities list; or
(3) that portion of a site for which a state or federal enforcement action is existing or pending against the applicant for remediation of the contaminants described in the application.