49-287.02. Responsible party search

A. If the director determines that a remedial investigation at a site or portion of the site may be necessary and the director determines that cost recovery may be appropriate, the department shall conduct an investigation to identify any person who may be liable under this article. The department shall use its best efforts to identify all persons who may be liable under this article for the release or threatened release at the site or portion of the site.

B. During the investigation, any person may provide the director with information regarding the identification and potential liability of any person or regarding any facility within the site from which a release of a hazardous substance may have occurred. If the director receives sufficient information, the director shall investigate the facts relating to the person's potential liability, including its share of liability under this article, without regard to the financial ability of the person. If the director receives sufficient information regarding a release of a hazardous substance from a facility within the site to indicate that it has contributed to contaminants of concern at the site or portion of the site being investigated pursuant to this section, the director shall investigate the release of the hazardous substance and the potential liability of persons under this article. If the director declines to investigate a person or facility, the director shall notify the person who provided the information of the director's decision not to investigate.

C. If the director declines to investigate a person or facility, any person who conducts an investigation and provides the results of the investigation to the director shall receive a credit for the reasonable and necessary cost of the investigation as an offset against any liability to the fund or to the state under this article if the investigation results in a settlement or a finding by the director, the allocator or the court that this additional identified person is liable under this article with respect to the site or portion of the site being investigated pursuant to this section.