§1366. Abatement, clean up and mitigation costs

Whenever possible and practical, the commissioner shall make use of resources available under the Superfund program or other federal programs to evaluate and investigate uncontrolled sites and to abate, clean up or mitigate threats or hazards posed or potentially posed by uncontrolled sites.   [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §269 (AMD).]

In the case of a site at which federal resources may be or are being used, proceeds from the sale of bonds for the evaluation and investigation of sites and for implementation of plans to abate, clean up or mitigate hazards or threats posed or potentially posed by an uncontrolled site may be used:   [PL 1983, c. 569, §1 (NEW).]

1.  Privately owned sites.  In the case of a site that was privately owned at the time of disposal of any hazardous substances, for the state's share of remedial action costs; and

[PL 1983, c. 569, §1 (NEW).]

2.  Sites owned by state or political subdivision.  In the case of a site which was owned at the time of disposal of any hazardous substances by the state or a political subdivision thereof, for the state's share of response costs.

[PL 1983, c. 569, §1 (NEW).]

In the case of a site where federal resources are not used, the commissioner shall notify the Governor in writing. The Governor may authorize the commissioner to proceed under this chapter without those resources. In the event the State proceeds at its own expense with work eligible for federal funding, the commissioner shall present the United States Environmental Protection Agency with a demand for reimbursement.   [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §269 (AMD).]

SECTION HISTORY

PL 1983, c. 569, §1 (NEW). PL 1987, c. 192, §30 (AMD). PL 1989, c. 890, §§A40,B269 (AMD).