49-184. Reservation of rights
A. Nothing in this article may be construed to abridge or alter any right a person
may have to engage in remedial action pursuant to other provisions of this title or any
other provisions of statutory or common law.
B. Nothing in this article may be construed to abridge or alter the department's
authority to recover penalties or to take any action authorized by law for any violation
of this title, except that the department shall not take an action to compel remedial
action or corrective action that is the subject of an application approved pursuant to
this article unless the approval is withdrawn or terminated pursuant to section 49-178.
C. Unless a remedy is selected in accordance with the rules adopted pursuant to
section 49-282.06, the affirmative defense under section 49-262, subsection F applies
only to the site or portion of the site where remediation is or will be conducted
pursuant to a work plan approved pursuant to this article.
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