R311-600-9. Denial of Application

(a) The Executive Director may reject or deny the issuance of an enforceable written assurance for any reason.

(b) The Executive Director will deny or reject the issuance of an enforceable written assurance for the following reasons:

(1) If the application is not complete, or;

(2) The applicant does not provide sufficient evidence for the Executive Director to acknowledge that:

(A) The applicant has demonstrated compliance with the Enforceable Assurance Evaluation Principles in R311-600-3, or;

(B) The applicant is a bona fide prospective purchaser, an innocent landowner, or a contiguous property owner based upon the applicant's representations, or;

(3) If information obtained subsequent to filing demonstrates that:

(A) The applicant has not demonstrated compliance with the Enforceable Assurance Evaluation Principles in R311-600-3, or;

(B) That the applicant is not a bona fide prospective purchaser, an innocent landowner, or a contiguous property owner, or;

(4) The applicant does not:

(A) Demonstrate the ability and willingness to exercise appropriate care with respect to the contamination at the facility, including taking reasonable steps to:

(i) Stop any continuing release;

(ii) Prevent any threatened future release; and

(iii) Prevent or limit human, environmental, or natural resource exposure to any previously released hazardous substance or hazardous material or;

(B) Grant and ensure reasonable access, or;

(C) Demonstrate willingness to:

(i) Comply with any land use restrictions established or relied on in connection with the response action, and;

(ii) Not impede the effectiveness or integrity of any institutional control or environmental covenant employed in connection with a response action, and;

(iii) Record at the request of the Executive Director an Environmental Covenant for any land use restrictions established or relied on in connection with the response action.