§128D-4  State response authorities;uses of fund.  (a)  Whenever any hazardous substance is released or thereis a substantial threat of such a release into the environment, or there is arelease or substantial threat of such release into the environment of anypollutant or contaminant that may present a substantial danger to the publichealth, welfare, or the environment, the director is authorized to act,consistent with the state contingency plan, to remove or arrange for theremoval of, and provide for remedial action relating to such hazardoussubstance, pollutant, or contaminant at any time, including its removal fromany contaminated natural resources, or take any other response measureconsistent with the state contingency plan which the director deems necessaryto protect the public health or welfare or the environment.  The director may:

(1)  Issue an administrative order or conduct anyother enforcement or compliance activities necessary to compel any knownresponsible party or parties to take appropriate removal or remedial actionnecessary to protect the public health and safety and the environment;

(2)  Upon determining that there may be an imminentand substantial endangerment to the public health or welfare or the environmentbecause of an actual or threatened release of a hazardous substance, issuewithout a hearing, such orders as may be necessary to protect the publichealth, welfare, and the environment;

(3)  Solicit the cooperation of responsible partiesprior to issuing an order to encourage voluntary cleanup efforts; and, ifnecessary, negotiate enforcement agreements with responsible parties to conductneeded response actions according to deadlines established in compliance ordersor settlement agreements;

(4)  Undertake those investigations, monitoring,surveys, testing, sampling, and other information gathering necessary toidentify the existence, source, nature, and extent of the hazardous substancesor pollutants or contaminants involved and the extent of danger to the publichealth or welfare or to the environment;

(5)  Perform any necessary removal or remedial actionsso as to abate any immediate danger to the public health or welfare or to theenvironment; and

(6)  Contract the services of appropriateorganizations to perform the actions set forth in paragraphs (1), (2), (3),(4), and (5).

(b)  For the purposes of determining orinvestigating an actual release or a suspected release, or choosing or takingany response action, or conducting any study, or enforcing this chapter, any personwho has or may have information relevant to any of the following, upon thereasonable and necessary request of any duly authorized representative of thedepartment, shall furnish information or documents in the person's possessionrelating to such matter:

(1)  The identification, nature, and quantity ofhazardous substances or pollutants or contaminants which have been or aregenerated, treated, or stored or disposed of at a facility or vessel ortransported to a facility or vessel.

(2)  The nature and extent of a release or threatenedrelease of a hazardous substance or pollutant or contaminant from a facility orvessel.

(3)  Information relating to the ability of a personto pay for or perform the cleanup.

In addition, upon reasonable notice, such personshall grant any such authorized representative of the department access at allreasonable times to any facility, vessel, establishment, site, place, property,or location to inspect same and to review and copy all documents or recordsrelating to such matters or shall copy and furnish the officer, employee, orrepresentative of the department all such documents or records, at the optionand expense of such person.

(c)  Moneys in the fund may be expended by thedirector for any of the following purposes:

(1)  Payment of all costs of removal or remedialactions incurred by the State or the counties in response to a release orthreatened release of a hazardous substance or pollutant or contaminant; or

(2)  Payment for the State's share of a removal or remedialaction pursuant to section 104(c)(3) of CERCLA;

(3)  Payment of all costs incurred by the State in therestoration, rehabilitation, or replacement or acquisition of the equivalent ofany natural resources injured, destroyed, or lost as a result of a release of ahazardous substance or pollutant or contaminant;

(4)  Payment of all costs of response action for arelease due to the legal application of a pesticide product registered underthe Federal Insecticide, Fungicide, and Rodenticide Act; or

(5)  Payment of all costs or remedial action for anyrelease permitted by any federal, state or local permit or other legalauthority.

(d)  No response actions taken pursuant to thischapter by the department shall duplicate federal response actions.

(e)  The governor may raise the legislativeceiling established in the environmental response revolving fund if, in thegovernor's determination, sufficient funds do not exist within the ceiling toconduct emergency response actions pursuant to this chapter. [L 1988, c 148, ptof §2; am L 1990, c 298, pt of §18; am L 1991, c 280, §5; am L 1997, c 260, §3]