§128D-4  State response authorities;

uses of fund.  (a)  Whenever any hazardous substance is released or there

is a substantial threat of such a release into the environment, or there is a

release or substantial threat of such release into the environment of any

pollutant or contaminant that may present a substantial danger to the public

health, welfare, or the environment, the director is authorized to act,

consistent with the state contingency plan, to remove or arrange for the

removal of, and provide for remedial action relating to such hazardous

substance, pollutant, or contaminant at any time, including its removal from

any contaminated natural resources, or take any other response measure

consistent with the state contingency plan which the director deems necessary

to protect the public health or welfare or the environment.  The director may:

     (1)  Issue an administrative order or conduct any

other enforcement or compliance activities necessary to compel any known

responsible party or parties to take appropriate removal or remedial action

necessary to protect the public health and safety and the environment;

     (2)  Upon determining that there may be an imminent

and substantial endangerment to the public health or welfare or the environment

because of an actual or threatened release of a hazardous substance, issue

without a hearing, such orders as may be necessary to protect the public

health, welfare, and the environment;

     (3)  Solicit the cooperation of responsible parties

prior to issuing an order to encourage voluntary cleanup efforts; and, if

necessary, negotiate enforcement agreements with responsible parties to conduct

needed response actions according to deadlines established in compliance orders

or settlement agreements;

     (4)  Undertake those investigations, monitoring,

surveys, testing, sampling, and other information gathering necessary to

identify the existence, source, nature, and extent of the hazardous substances

or pollutants or contaminants involved and the extent of danger to the public

health or welfare or to the environment;

     (5)  Perform any necessary removal or remedial actions

so as to abate any immediate danger to the public health or welfare or to the

environment; and

     (6)  Contract the services of appropriate

organizations to perform the actions set forth in paragraphs (1), (2), (3),

(4), and (5).

     (b)  For the purposes of determining or

investigating an actual release or a suspected release, or choosing or taking

any response action, or conducting any study, or enforcing this chapter, any person

who has or may have information relevant to any of the following, upon the

reasonable and necessary request of any duly authorized representative of the

department, shall furnish information or documents in the person's possession

relating to such matter:

     (1)  The identification, nature, and quantity of

hazardous substances or pollutants or contaminants which have been or are

generated, treated, or stored or disposed of at a facility or vessel or

transported to a facility or vessel.

     (2)  The nature and extent of a release or threatened

release of a hazardous substance or pollutant or contaminant from a facility or

vessel.

     (3)  Information relating to the ability of a person

to pay for or perform the cleanup.

In addition, upon reasonable notice, such person

shall grant any such authorized representative of the department access at all

reasonable times to any facility, vessel, establishment, site, place, property,

or location to inspect same and to review and copy all documents or records

relating to such matters or shall copy and furnish the officer, employee, or

representative of the department all such documents or records, at the option

and expense of such person.

     (c)  Moneys in the fund may be expended by the

director for any of the following purposes:

     (1)  Payment of all costs of removal or remedial

actions incurred by the State or the counties in response to a release or

threatened release of a hazardous substance or pollutant or contaminant; or

     (2)  Payment for the State's share of a removal or remedial

action pursuant to section 104(c)(3) of CERCLA;

     (3)  Payment of all costs incurred by the State in the

restoration, rehabilitation, or replacement or acquisition of the equivalent of

any natural resources injured, destroyed, or lost as a result of a release of a

hazardous substance or pollutant or contaminant;

     (4)  Payment of all costs of response action for a

release due to the legal application of a pesticide product registered under

the Federal Insecticide, Fungicide, and Rodenticide Act; or

     (5)  Payment of all costs or remedial action for any

release permitted by any federal, state or local permit or other legal

authority.

     (d)  No response actions taken pursuant to this

chapter by the department shall duplicate federal response actions.

     (e)  The governor may raise the legislative

ceiling established in the environmental response revolving fund if, in the

governor's determination, sufficient funds do not exist within the ceiling to

conduct emergency response actions pursuant to this chapter. [L 1988, c 148, pt

of §2; am L 1990, c 298, pt of §18; am L 1991, c 280, §5; am L 1997, c 260, §3]