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23-31 Environmental Emergency Costs

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CHAPTER 23-31ENVIRONMENTAL EMERGENCY COSTS23-31-01. Environmental emergency cost recovery. Except as provided in section23-20.3-11, the state department of health may recover from the parties responsible for an<br>environmental emergency the reasonable and necessary state costs incurred in assessment,<br>removal, corrective action, or monitoring as a result of an environmental emergency in violation<br>of chapter 23-20.1, 23-20.3, 23-25, 23-29, 61-28, or 61-28.1.As used in this chapter,&quot;environmental emergency&quot; means a release into the environment of a substance requiring an<br>immediate response to protect public health or welfare or the environment from an imminent and<br>substantial endangerment and which is in violation of chapter 23-20.1, 23-20.3, 23-25, 23-29,<br>61-28, or 61-28.1, and &quot;reasonable and necessary costs&quot; means those costs incurred by the<br>department as a result of the failure of the parties responsible for the environmental emergency<br>to implement appropriate assessment and corrective action after receipt of written notice from the<br>department. If assessment, removal, monitoring, or corrective action must be initiated prior to<br>identification of the responsible parties, the department may assess those prior costs to the<br>responsible parties at the time they are identified.23-31-02.Environmental quality restoration fund.There is established anenvironmental quality restoration fund into which the funds recovered in this chapter may be<br>deposited. The fund is to be administered by the state department of health and may be used by<br>the state department of health for costs of environmental assessment, removal, corrective action,<br>or monitoring as determined on a case-by-case basis.23-31-03.Rules adoption.The state department of health may adopt rules toimplement this chapter.Page No. 1Document Outlinechapter 23-31 environmental emergency costs