§128D-5  Recovery of costs.  (a)  Exceptfor costs incurred in responding to a release or threatened release of anypollutant or contaminant and except for costs incurred in accordance withsection 128D-4(c)(4), and (5), and except for costs incurred in accordance withsection 128D-4(c)(3) for natural resources damage occurring wholly prior toJuly 1990, any costs incurred and payable from the fund shall be recovered bythe attorney general, upon the request of the department, from the liableperson or persons.  The amount of any costs which may be recovered pursuant tothis section for a remedial or removal action paid from the fund shall includethe amount paid from the fund and legal interest.

(b)  Moneys recovered by the attorney generalpursuant to this section shall be deposited into the account of the fund.

(c)  Any action for recovery of response costsreferred to in section 128D-6(a)(4)(A) and (C) must be commenced within sixyears after the date of completion of all response actions.

(d)  Any action for recovery of naturalresource damages referred to in section 128D-6(a)(4)(B) must be commencedwithin three years after the later of the following:  (1) the date of thediscovery of the loss and its connection with the release in question; or (2) thedate on which the final regulations are promulgated under section 301(c) ofCERCLA. [L 1988, c 148, pt of §2; am L 1990, c 298, pt of §18; am L 1991, c280, §6]