§128D-5  Recovery of costs.  (a)  Except
for costs incurred in responding to a release or threatened release of any
pollutant or contaminant and except for costs incurred in accordance with
section 128D-4(c)(4), and (5), and except for costs incurred in accordance with
section 128D-4(c)(3) for natural resources damage occurring wholly prior to
July 1990, any costs incurred and payable from the fund shall be recovered by
the attorney general, upon the request of the department, from the liable
person or persons.  The amount of any costs which may be recovered pursuant to
this section for a remedial or removal action paid from the fund shall include
the amount paid from the fund and legal interest.



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



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



(d)  Any action for recovery of natural
resource damages referred to in section 128D-6(a)(4)(B) must be commenced
within three years after the later of the following:  (1) the date of the
discovery of the loss and its connection with the release in question; or (2) the
date on which the final regulations are promulgated under section 301(c) of
CERCLA. [L 1988, c 148, pt of §2; am L 1990, c 298, pt of §18; am L 1991, c
280, §6]