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§ 166A-27. Action for the recovery of costs of hazardous materials emergency response.

§ 166A‑27.  Action forthe recovery of costs of hazardous materials emergency response.

(a)        A person who causesthe release of a hazardous material requiring the activation of a regionalresponse team shall be liable for all reasonable costs incurred by the regionalresponse team in responding to and mitigating the incident. The Secretary shallinvoice the person liable for the hazardous materials release, and, in theevent of nonpayment, may institute an action to recover those costs in thesuperior court of the county in which the release occurred.

(b)        A person who causesthe release of a hazardous material that results in the activation of one ormore State Medical Assistance Teams (SMATs) or the Epidemiology Section of theDivision of Public Health of the Department of Health and Human Services shallbe liable for all reasonable costs incurred by each team or the EpidemiologySection that responds to or mitigates the incident. The Secretary of Health andHuman Services shall invoice the person liable for the hazardous materialsrelease and, in the event of nonpayment, may institute an action to recoverthose costs in the superior court of the county in which the release occurred. (1993 (Reg. Sess., 1994), c.769, s. 22.4(b); 2007‑107, s. 3.1(a).)

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