53-2-105 - Hazardous materials emergency -- Recovery of expenses. - Utah Statutes

53-2-105. Hazardous materials emergency -- Recovery of expenses.
(1) (a) The director may recover from those persons whose negligent actions caused thehazardous materials emergency, expenses incurred by state agencies directly associated with aresponse to a hazardous materials emergency taken under authority of this part, Title 63K,Chapter 3, Emergency Management Act, or Title 63K, Chapter 2, Disaster Response andRecovery.
(b) The payment of expenses under this Subsection (1) does not constitute an admissionof liability or negligence in any legal action for damages.
(c) The director may obtain assistance from the attorney general or a county attorney ofthe affected jurisdiction to assist the director in recovering expenses and legal fees.
(d) Any recovered costs shall be deposited in the General Fund as dedicated credits to beused by the division to reimburse state and local government agencies for the costs they haveincurred.
(2) (a) If the cost directly associated with emergency response exceeds all available fundsof the division within a given fiscal year, the division, with approval from the governor, mayincur a deficit in its line item budget.
(b) The Legislature shall provide a supplemental appropriation in the following year tocover the deficit.
(c) The division shall deposit all costs associated with any emergency response that arecollected in subsequent fiscal years into the General Fund.
(3) Any political subdivision may enact local ordinances pursuant to existing statutory orconstitutional authority to provide for the recovery of expenses incurred by the politicalsubdivision.

Amended by Chapter 382, 2008 General Session