49-282.02. Water quality assurance revolving fund; emergency response use; definitions

A. Notwithstanding any other statute, monies from the water quality assurance revolving fund may be used for all reasonable costs incurred in remedial actions taken in response to a release or threat of a release of a hazardous substance or pollutant that presents an emergency to the public health or the environment. Within ten days of the date that the first remedial action costs are incurred, the director shall make a written determination that an emergency exists or that an emergency existed at the time the remedial action costs were incurred. A remedial action funded as an emergency response shall be completed within one year of the director's written determination that an emergency exists.

B. Any reasonable, necessary and cost-effective remedial action costs incurred by the director pursuant to this section in response to a release or a threat of a release of a hazardous substance that presents an imminent and substantial endangerment to the public health or the environment may be recovered in a civil action brought by the attorney general against any responsible party as prescribed by section 49-285, subsection A. This subsection does not preclude the department from initiating actions under other provisions of state or federal law. With respect to any reasonable, necessary and cost-effective remedial action costs incurred by the director pursuant to this section in responding to a release or a threat of a release of a pollutant, the attorney general may recover those costs in a civil action against a person only to the extent otherwise permitted by statute or the common law and not pursuant to this article.

C. For purposes of this section:

1. " Imminent and substantial endangerment to the public health or the environment" means, for purposes of cost recovery, an immediate and significant risk of harm to the public health or the environment as a result of a release of a hazardous substance.

2. " Remedial actions" means those actions necessary to prevent, minimize or mitigate significant damage to public health or the environment that may result from a release or a threat of release, based on an evaluation of the factors prescribed in 40 Code of Federal Regulations section 300.415(b)(2) as amended as of January 1, 1992. Remedial actions include those actions consistent with appropriate removal action prescribed by 40 Code of Federal Regulations section 300.415(d) as amended as of January 1, 1992.