CHAPTER 23-31ENVIRONMENTAL EMERGENCY COSTS23-31-01. Environmental emergency cost recovery. Except as provided in section23-20.3-11, the state department of health may recover from the parties responsible for an environmental emergency the reasonable and necessary state costs incurred in assessment, removal, corrective action, or monitoring as a result of an environmental emergency in violation of chapter 23-20.1, 23-20.3, 23-25, 23-29, 61-28, or 61-28.1.As used in this chapter,"environmental emergency" means a release into the environment of a substance requiring an immediate response to protect public health or welfare or the environment from an imminent and substantial endangerment and which is in violation of chapter 23-20.1, 23-20.3, 23-25, 23-29, 61-28, or 61-28.1, and "reasonable and necessary costs" means those costs incurred by the department as a result of the failure of the parties responsible for the environmental emergency to implement appropriate assessment and corrective action after receipt of written notice from the department. If assessment, removal, monitoring, or corrective action must be initiated prior to identification of the responsible parties, the department may assess those prior costs to the responsible parties at the time they are identified.23-31-02.Environmental quality restoration fund.There is established anenvironmental quality restoration fund into which the funds recovered in this chapter may be deposited. The fund is to be administered by the state department of health and may be used by the state department of health for costs of environmental assessment, removal, corrective action, or monitoring as determined on a case-by-case basis.23-31-03.Rules adoption.The state department of health may adopt rules toimplement this chapter.Page No. 1Document Outlinechapter 23-31 environmental emergency costs
CHAPTER 23-31ENVIRONMENTAL EMERGENCY COSTS23-31-01. Environmental emergency cost recovery. Except as provided in section23-20.3-11, the state department of health may recover from the parties responsible for an environmental emergency the reasonable and necessary state costs incurred in assessment, removal, corrective action, or monitoring as a result of an environmental emergency in violation of chapter 23-20.1, 23-20.3, 23-25, 23-29, 61-28, or 61-28.1.As used in this chapter,"environmental emergency" means a release into the environment of a substance requiring an immediate response to protect public health or welfare or the environment from an imminent and substantial endangerment and which is in violation of chapter 23-20.1, 23-20.3, 23-25, 23-29, 61-28, or 61-28.1, and "reasonable and necessary costs" means those costs incurred by the department as a result of the failure of the parties responsible for the environmental emergency to implement appropriate assessment and corrective action after receipt of written notice from the department. If assessment, removal, monitoring, or corrective action must be initiated prior to identification of the responsible parties, the department may assess those prior costs to the responsible parties at the time they are identified.23-31-02.Environmental quality restoration fund.There is established anenvironmental quality restoration fund into which the funds recovered in this chapter may be deposited. The fund is to be administered by the state department of health and may be used by the state department of health for costs of environmental assessment, removal, corrective action, or monitoring as determined on a case-by-case basis.23-31-03.Rules adoption.The state department of health may adopt rules toimplement this chapter.Page No. 1Document Outlinechapter 23-31 environmental emergency costs
CHAPTER 23-31ENVIRONMENTAL EMERGENCY COSTS23-31-01. Environmental emergency cost recovery. Except as provided in section23-20.3-11, the state department of health may recover from the parties responsible for an environmental emergency the reasonable and necessary state costs incurred in assessment, removal, corrective action, or monitoring as a result of an environmental emergency in violation of chapter 23-20.1, 23-20.3, 23-25, 23-29, 61-28, or 61-28.1.As used in this chapter,"environmental emergency" means a release into the environment of a substance requiring an immediate response to protect public health or welfare or the environment from an imminent and substantial endangerment and which is in violation of chapter 23-20.1, 23-20.3, 23-25, 23-29, 61-28, or 61-28.1, and "reasonable and necessary costs" means those costs incurred by the department as a result of the failure of the parties responsible for the environmental emergency to implement appropriate assessment and corrective action after receipt of written notice from the department. If assessment, removal, monitoring, or corrective action must be initiated prior to identification of the responsible parties, the department may assess those prior costs to the responsible parties at the time they are identified.23-31-02.Environmental quality restoration fund.There is established anenvironmental quality restoration fund into which the funds recovered in this chapter may be deposited. The fund is to be administered by the state department of health and may be used by the state department of health for costs of environmental assessment, removal, corrective action, or monitoring as determined on a case-by-case basis.23-31-03.Rules adoption.The state department of health may adopt rules toimplement this chapter.Page No. 1Document Outlinechapter 23-31 environmental emergency costs