Section 27-1413. Alternatives analysis

1.  For  sites  proposed  to  be  remediated under Track 1 pursuant to
  section 27-1415 of this title, the applicant shall develop and  evaluate
  at least one remedial alternative.
    2.  For  all  other sites, the applicant shall develop and evaluate at
  least two remedial alternatives, one of which would achieve  a  Track  1
  cleanup.  The  department  shall  have  the  discretion  to  require the
  evaluation of additional alternatives at a site that has been determined
  to  pose  a  significant  threat.  The  applicant   shall   submit   the
  alternatives  analysis  as  a  part  of  the  remedial  work plan to the
  department for review, approval, modification or rejection.
    3. Unless the applicant has elected to remediate the site to Track  1,
  the  department  may require the applicant, as a condition of continuing
  under this program, to develop and evaluate a Track 2  cleanup  pursuant
  to  section  27-1415  of this title for such non-significant threat site
  upon due consideration of the following factors:
    (a) the degree to which the remedy selection criteria would be  better
  satisfied by a Track 2 cleanup;
    (b)  the  degree  of  impact  a  Track  2  cleanup  would  have on the
  applicant's  ability  to  successfully  cleanup  and/or  redevelop   the
  property;
    (c)  the  benefit to the environment to be realized by the expeditious
  remediation of the property; and
    (d)  the  economic  benefit  to  the  state  to  be  realized  by  the
  expeditious remediation of the property.
    4.   For  sites  that  the  department  has  determined  constitute  a
  significant threat, the  department  shall  select  the  remedy  from  a
  department-approved alternatives analysis prepared by the applicant.
    5.  For  sites  that the department has determined do not constitute a
  significant  threat,  the  applicant  may  select  the  remedy  from   a
  department-approved  alternatives analysis, which analysis shall contain
  at least two remedial alternatives as set forth in  subdivision  two  of
  this  section. Provided, however, that where the department has required
  the applicant to develop and evaluate a Track  2 cleanup, the department
  shall have the discretion to, as a condition of  continuing  under  this
  program, require the applicant to implement such remedy.