(a) The costs of remedial action pursued in accordance with the provisions of section 22a-133e may be paid from (1) available appropriations, or (2) any account authorized under subsection (a) of section 29 of special act 87-77 or subdivision (5) of subsection (e) of section 2 of special act 86-54. The costs may be paid from such funds and accounts provided the commissioner determines that the threat to the environment and public health from the site is unacceptable and (A) the commissioner is unable to determine the responsible party for the disposal or cleanup of the hazardous waste, (B) the responsible party is not in timely compliance with orders issued by the commissioner to provide remedial action, or (C) the commissioner has not issued a final decision on an order to a responsible party to provide remedial action because of (i) a request for a hearing made pursuant to section 22a-436 or sections 4-177 to 4-182, inclusive, or (ii) an order issued pursuant to said section 22a-436 is subject to an appeal pending before the Superior Court pursuant to section 22a-437 or sections 4-183 and 4-184.

(b) The commissioner shall adopt regulations in accordance with chapter 54, setting forth priorities for the use of such funds and accounts. In setting such priorities the commissioner shall consider any factor he deems appropriate, including the score developed pursuant to section 22a-133d.

(P.A. 87-561, S. 6, 13; P.A. 95-208, S. 9, 13; June Sp. Sess. P.A. 09-3, S. 403.)

History: P.A. 95-208 amended Subsec. (a) to replace reference to Emergency Spill Response Fund with reference to emergency spill response account, effective July 1, 1995; June Sp. Sess. P.A. 09-3 amended Subsec. (a) to replace provision re payment of costs from emergency spill response account with provision re payment of costs from available appropriations in Subdiv. (1) and to make a technical change.