(a) The county legislative body or the county emergency management agency (or other body authorized by the county legislative body) is authorized to take such steps as necessary to remove or abate any discharge of hazardous substances associated with a transportation incident or an emergency spill within the county, or to contract with a private entity for removal of the same; and, further, have the authority to recover costs from any person or persons responsible for causing a discharge of hazardous substances that requires emergency action. This section does not apply to a person, as defined in § 68-212-104, or a liable party, as defined in § 68-212-202, operating under a permit or an order issued by the department of environment and conservation.

(b) For the purposes of this section:

(1)

(A) “Costs” means those necessary and reasonable costs incurred by the county legislative body or emergency management agency or its authorized agents in connection with removing or abating hazardous substance discharges; provided, that to the extent criteria and methods for response actions prescribed under 40 CFR 300, as amended, may be applied to the type of material involved and the conditions of the spill, release or discharge, such costs shall only apply if those criteria were employed in the county's response;

(B) “Costs” also includes reasonable attorney's fees if the county legislative body, the county emergency management agency, or other body authorized by the county legislative body prevails in an action to recover its expenses from any person or persons responsible for causing a discharge of hazardous substances that requires emergency action; and

(2) “Hazardous substance” means any substance as defined in § 68-131-102.