(A) There is established a Solid Waste Emergency Fund to be administered by the department of Health and Environmental Control.

(1) Beginning the state fiscal year after the effective date of this section, the department shall transfer two and one-half percent of the funds remitted quarterly to the Solid Waste Management Trust Fund pursuant to Sections 44-96-160, 44-96-170, 44-96-180, and 44-96-200 to a special sub-fund designated as the Solid Waste Emergency Fund.

(2) The department shall deposit quarterly payments into the Solid Waste Emergency Fund until the unencumbered balance equals $1,500,000.

(3) When expenditures from the account occur, the department shall, on a quarterly basis, transfer funds in accordance with this section until such time as the unencumbered balance of the fund equals $1,500,000.

(B) The monies in the Solid Waste Emergency Fund may be expended by the department exclusively at the discretion of the director to address a substantial release or threat of substantial release into the environment of any pollutant or other circumstance which may present an imminent and substantial danger to human health and the environment from a solid waste facility regulated under this chapter. The director may authorize the department to take direct emergency actions or enter into a contract to perform emergency actions to protect human health and the environment at solid waste sites.

(C) This subsection does not apply to the release or discharge of a substance which is in compliance with a permit, license, approval, special order, waiver or variance issued under this chapter or under applicable federal statutes or regulations.

(D) The Solid Waste Emergency Fund may not be used to perform routine actions at solid waste sites such as operations, maintenance, monitoring, or remedial actions in which no imminent threat to human health and the environment exists. The department shall take all reasonable efforts to compel a permittee or other responsible party to address the threat before expending funds from the Solid Waste Management Trust Fund.

(E) The collection or expenditure of funds under this section are separate from any activities by the department or the federal environmental protection agency acting under the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S. Code 9601, et seq.

(F) The Attorney General or the department shall take all reasonable actions to recover costs for expenditures made from the Solid Waste Emergency Fund. The department may seek cost recovery from persons whose wilful disregard of this statute or regulations promulgated pursuant to this statute resulted in the need for emergency action. Funds recovered must be deposited into the Solid Waste Emergency Fund.

(G) An authorized representative or employee of the department may enter at all times onto any site, facility, property, and surrounding areas for the purpose of investigating or addressing emergency situations. Notice to the owner or occupant is not required if immediate action is necessary and the delay required to provide this notice may present an imminent and substantial hazard to human health, safety or to the environment.

HISTORY: 2018 Act No. 170 (H.4644), Section 1, eff May 3, 2018.