45-14-27 - Liability for state coordination of decontamination of radiation accidents or perpetual maintenance and custody of radioactive materials.
§ 45-14-27. Liability for state coordination of decontamination of radiation accidents or perpetual maintenance and custody of radioactive materials.
(1) Upon completion of any project or activity regarding emergency response to and coordination of decontamination of radiation accidents or perpetual maintenance and custody of radioactive materials, each agency of the state that has participated by furnishing personnel, equipment or material shall deliver to the agency record of the expenses incurred by that agency. The amount of incurred expenses shall be disbursed by the secretary and executive officer of the state board of health to each agency from funds available therefor. Upon completion of such project or activity, the agency shall prepare a statement of all expenses and costs for the project or activity expended by the state and shall make demand for payment upon the person having control over the radioactive materials or the release thereof which necessitated said project or activity. Any person having control over the radioactive materials or the release thereof and any other person causing or contributing to an incident necessitating such project or activity stated in this subsection shall be directly liable to the state for the necessary expenses incurred thereby and the state shall have a cause of action to recover from any or all such persons. If the person having control over the radioactive materials or the release thereof shall fail or refuse to pay the sum expended by the state, the agency shall refer the matter to the attorney general of Mississippi who shall institute an action in the name of the state in the chancery court of the county in which the project or activity was undertaken by the state to recover such cost and expenses.
(2) In any action instituted by the attorney general under this chapter, a verified and itemized statement of the expenses incurred by the state in any project or activity stated in subsection (1) of this section, shall be filed with the complaint and shall constitute a prima facie case, and the state shall be entitled to a judgment thereon in the absence of allegation and proof on the part of the defendant or defendants that:
(a) the statement of expenses incurred by the state is not correct because of an error in the calculation of the amount due; or
(b) the statement of the amount due is not correct because of an error in not properly crediting the account with any cash payment, or payments, or other satisfaction, which may have been made thereon.
Sources: Laws, 1976, ch. 469, § 14, eff from and after passage (approved May 25, 1976).