§128D-5 Recovery of costs.

245 words·~1 min read·/hi/128d-5

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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]