TITLE 75. ENVIRONMENTAL PROTECTION

CHAPTER 10. WASTE AND LITTER CONTROL

Part 7. Remedial Action Upon Release of Hazardous Substance

Remedial Action Costs

75-10-728. Remedial action costs. (1) If a potentially liable person or assignee recovers remedial action costs at a particular site from a financially responsible party, reimbursement from the orphan share is proportionally reduced by the amount of remedial action costs recovered, less any litigation expenses, including attorney fees and costs.

(2) The department may, in defending the orphan share, initiate a court action against a potentially liable party, an affiliate, or another financially responsible party to recover the orphan's share.

History: En. Sec. 5, Ch. 437, L. 1999.