65-6203. Discharges detrimental to water or soil; allocation of responsibility.
65-6203
65-6203. Discharges detrimental to water or soil; allocation ofresponsibility.(a) It shall be the duty of any person responsible for anaccidental release or discharge of materials detrimental tothe quality of the waters or soil of the state to: (1) Compensate theowner of the property where the release or discharge occurred for actualdamages incurred as the result of the release or discharge, or as the result ofcorrective action taken or access to take corrective action, if the release ordischarge occurred without any contribution to the contamination and withoutany causal connection to the release or discharge by any action of the owner orowner-permitted occupant of the property; and (2) comply with all existingrules and regulations and requirements of the secretary of health andenvironment designed to ensure the prompt correction of any such release ordischarge for the protection of the public health and environment.
(b) Any owner or subsequent purchaser of land, upon which there hasoccurred an accidental release or discharge of materials detrimental to thequality of the waters or soil of the state, which occurredwithout any contribution to the contamination and without any causal connectionto the release or discharge by any action of the owner or the owner-permittedoccupant of the property, shall not be liable for any costs of subsequentremedial action required as a result of changes in standards adopted after thetime of such accident, if such owner or purchaser can demonstrate that: (1) Thepersons responsible for the correction of the release or discharge were allowedtimely and adequate access to perform the duty imposed by subsection (a)(2),upon reasonable prior assurance that any actual damages incurred as the resultof allowing access will be promptly reimbursed, and the secretary of health andenvironment, or the secretary's agents, were allowed timely and adequate accessto oversee the corrective action; and (2) the secretary of health andenvironment has approved the corrective action andcertified that the action taken has metall requirements and rules and regulations of thesecretary, or conditions of administrative orders or agreements which were ineffect at the time of the accidental release ordischarge.The provisions of this sectionshall apply to both releases and discharges and remedial actions taken prior tothe effective date of this act and releases and discharges and remedial actionstaken hereafter.
(c) The secretary of health and environment is hereby authorized toadopt rules and regulations necessary for the administration of the provisionsof this section.
(d) Neither the state, nor any officer, employee or department of the state,shall incur any liability by reason of approval of any corrective action planor any certification pursuant to this section.
(e) The provisions of this section shall not apply to any release ordischarge under the jurisdiction of the state corporation commission.
History: L. 1996, ch. 189, § 2; Jan. 1, 1997.