66-1529.02. Remedial actions by department; third-party claims; recovery of expenses.
(1) The department may undertake remedial actions in response to a release first reported after July 17, 1983, and on or before June 30, 2020, with money available in the fund if:
(a) The responsible person cannot be identified or located;
(b) An identified responsible person cannot or will not comply with the remedial action requirements; or
(c) Immediate remedial action is necessary, as determined by the Director of Environment and Energy, to protect human health or the environment.
(2) The department may pay the costs of a third-party claim meeting the requirements of subdivision (2)(f) of section 66-1525 with money available in the fund if the responsible person cannot or will not pay the third-party claim.
(3) Reimbursement for any damages caused by the department or a person acting at the department's direction while investigating or inspecting or during remedial action on property other than property on which a release or suspected release has occurred shall be considered as part of the cost of remedial action involving the site where the release or suspected release occurred. The costs shall be reimbursed from money available in the fund. If such reimbursement is deemed inadequate by the party claiming the damages, the party's claim for damages caused by the department shall be filed as provided in section 76-705.
(4) All expenses paid from the fund under this section, court costs, and attorney's fees may be recovered in a civil action in the district court of Lancaster County. The action may be brought by the county attorney or Attorney General at the request of the director against the responsible person. All recovered expenses shall be deposited into the fund.
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