[§128D-22]  Exemption from duplicativeregulation.  When there has been a response to a release pursuant to anorder issued under federal law, the director may use this chapter to addressthe same release provided that:

(1)  The release creates an imminent and substantialharm to the public health or welfare; and

(2)  The federal law has not provided a remedyconsistent with the state contingency plan.

In those circumstances, the director shall avoidactions in conflict with federal law.  A single release may be addressed eitherby CERCLA or by this chapter, but not both, except in the case of a jointenforcement.  Nothing in this chapter shall prevent the director from takingaction pursuant to the common law or other statutory provisions necessary to protectthe public health and welfare, safety, or the environment. [L 1991, c 280, ptof §1]