75-10-411. Hazardous waste site inventory. (1) The department is authorized to conduct an inventory of sites and locations in the state where hazardous wastes have been stored or disposed of at any time.

(2) If the department determines that the presence of a hazardous waste or the release of the waste or any waste constituent may present a substantial hazard to the public health or the environment, it may issue an order requiring the owner or operator of the facility or site to conduct reasonable monitoring, testing, analysis, and reporting with respect to the site in order to ascertain the nature and extent of the hazard.

(3) In the case of any facility or site not in operation at the time that a determination is made under subsection (2) with respect to the facility or site, if the department finds that the owner of the facility or site could not reasonably be expected to have actual knowledge of the presence of hazardous waste at the facility or site and of its potential for release, it may issue an order requiring the most recent previous owner or operator of the facility or site who could reasonably be expected to have actual knowledge to carry out the actions referred to in subsection (2).

(4) An order issued under subsection (2) or (3) must require that the person to whom the order is issued submit to the department within 30 days a proposal for carrying out the required monitoring, testing, analysis, and reporting.

(5) If the department determines that the owner or operator referred to in subsection (2) or (3) is not able to conduct monitoring, testing, and analysis in a satisfactory manner, the department may conduct the activities.

(6) For the purposes of carrying out this section, the department may exercise the powers set forth in 75-10-410.

History: En. Sec. 18, Ch. 358, L. 1981; amd. Sec. 6, Ch. 384, L. 1989; amd. Sec. 4, Ch. 386, L. 1989; amd. Sec. 24, Ch. 112, L. 1997.