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



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



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



In those circumstances, the director shall avoid
actions in conflict with federal law.  A single release may be addressed either
by CERCLA or by this chapter, but not both, except in the case of a joint
enforcement.  Nothing in this chapter shall prevent the director from taking
action pursuant to the common law or other statutory provisions necessary to protect
the public health and welfare, safety, or the environment. [L 1991, c 280, pt
of §1]