34A-12-1. Definition of terms. Terms used in §§23A-27-25, 34A-1-39, 34A-12-1 to 34A-12-15, inclusive, 38-20A-9, 45-6B-70, 45-6C-45, 45-6D-60, and 45-9-68 mean: (1)”Corrective action,” any action taken to minimize, contain, eliminate, remediate, mitigate, and clean up a discharge, including any necessary emergency remedial action; (2)”Corrective action cost,” any cost incurred by the department in the investigation of […]
34A-12-10. Order to take corrective action–Injunctive action–Cease and desist order. If a discharge in violation of §34A-12-8 has occurred, or the department has reason to believe that a discharge in violation of §34A-12-8 has occurred, the department shall order the responsible person to take corrective action concerning the discharge within a specified time. If the […]
34A-12-11. Injunctive action for emergency remedial efforts. The department may file an action in circuit court for preliminary and permanent injunctive relief whenever the secretary determines emergency remedial efforts are necessary to prevent, contain, control, or mitigate a discharge. Source: SL 1988, ch 291, §12.
34A-12-12. Strict liability for costs of corrective action. Any person who has caused a discharge of a regulated substance in violation of §34A-12-8 is strictly liable for the corrective action costs expended by the department pursuant to §§23A-27-25, 34A-1-39, 34A-12-1 to 34A-12-15, inclusive, 45-6B-70, 45-6C-45, 45-6D-60, and 45-9-68. Source: SL 1988, ch 291, §13.
34A-12-13. Corrective action costs as lien–Filing of notice of lien–Contents–Attachment–Priority. All corrective action costs expended pursuant to §§23A-27-25, 34A-1-39, 34A-2-75, 34A-6-1.4, 34A-6-1.31, 34A-11-9, 34A-11-10, 34A-11-12, 34A-11-14, 34A-12-1 to 34A-12-15, inclusive, 45-6B-70, 45-6C-45, 45-6D-60, and 45-9-68 shall constitute a lien on all property owned by the responsible person when a notice of lien is filed with […]
34A-12-13.1. Authority to establish and enforce remediation requirements. Nothing in this chapter limits the authority of the department to establish environmental standards for remediation of air, soil, or water pollution pursuant to Title 34A, or to enforce site specific environmental remediation requirements in particular cases. This section does not limit the fund’s authority to determine […]
34A-12-14. Additional remedies. Nothing in §§23A-27-25, 34A-1-39, 34A-2-75, 34A-6-1.4, 34A-6-1.31, 34A-11-9, 34A-11-10, 34A-11-12, 34A-11-14, 34A-12-1 to 34A-12-15, inclusive, 38-20A-9, 45-6B-70, 45-6C-45, 45-6D-60, and 45-9-68 precludes the pursuit of any other administrative, civil, injunctive, or criminal remedies by the department or any other person. Administrative remedies need not be exhausted in order to proceed under §§23A-27-25, […]
34A-12-15. Deposit of certain moneys in response fund. All money collected by the department in the enforcement of the provisions of Titles 34A and 45, or in any other action, proceeding or settlement based upon damage to the environment or a violation of the state’s environmental laws, excluding criminal proceedings for criminal fines, shall be […]
34A-12-16. Determination of person responsible for discharge. If the department has determined that a discharge has occurred, the department shall conduct an investigation to determine the responsible person. The investigation may include a title search of the affected property and shall attempt to designate as the responsible person the person deemed to be the most […]
34A-12-3. Regulated substance response fund established–Purpose–Source of funds–Continuous appropriation–Informational budget–Annual legislative review. There is hereby established in the state treasury an operating fund to be known as the regulated substance response fund for the purpose of providing funds for the clean up of regulated substance discharges. Funds from the following sources shall be deposited into […]
34A-12-3.1. Subfund created–Disbursement and use of funds. A subfund of the regulated substances response fund is hereby created for recovered leaking underground storage tank trust fund moneys. The subfund shall be separately maintained and administered in the manner required by the Superfund Amendments and Reauthorization Act of 1986 as amended as of January 1, 2011. […]
34A-12-4. Expenditure of funds by secretary–Grounds for expenditures. When necessary in the performance of the secretary’s duties under §§23A-27-25, 34A-1-39, 34A-2-75, 34A-6-1.4, 34A-6-1.31, 34A-11-9, 34A-11-10, 34A-11-12, 34A-11-14, 34A-12-1 to 34A-12-15, inclusive, 45-6B-70, 45-6C-45, 45-6D-60, and 45-9-68 and Title 34A relative to discharges, the secretary may expend funds from the response fund to provide for the […]
34A-12-5. Department to perform administrative functions and corrective actions–Disbursements. The department shall perform all administrative functions relative to the response fund and corrective actions funded by it. Disbursements from the response fund shall be on warrants drawn by the state auditor pursuant to vouchers approved by the secretary. Source: SL 1988, ch 291, §6.
34A-12-6. Civil action by department for corrective action costs–Recovery of other costs. The department may bring an action in circuit court against the responsible person to obtain reimbursement for corrective action costs expended from the response fund pursuant to §§23A-27-25, 34A-1-39, 34A-2-75, 34A-6-1.4, 34A-6-1.31, 34A-11-9, 34A-11-10, 34A-11-12, 34A-11-14, 34A-12-1 to 34A-12-15, inclusive, 45-6B-70, 45-6C-45, 45-6D-60, […]
34A-12-7. Promulgation of rules–List of regulated substances. The secretary shall promulgate rules pursuant to chapter 1-26 to provide for a list of regulated substances whose discharge harms, or threatens harm to, the public health, safety, welfare, or natural resources of the state. Source: SL 1988, ch 291, §8.
34A-12-8. Discharge of regulated substance prohibited–Exception. The discharge of a regulated substance is prohibited. This section does not apply to discharges of regulated substances pursuant to and in compliance with the conditions of a federal or state permit. Source: SL 1988, ch 291, §9.
34A-12-9. Report of discharge–Rules for reporting. Any person who has caused a discharge of a regulated substance shall immediately report the discharge to the department. The department may promulgate rules pursuant to chapter 1-26 to provide for the procedures to be followed in reporting a discharge. Source: SL 1988, ch 291, §10.
