34A-12-4 Expenditure of funds by secretary--Grounds for expenditures.
Expenditure of funds by secretary--Grounds for expenditures.
When necessary in
the performance of the secretary's duties under §§ 23A-27-25, 34A-1-39, 34A-2-75, 34A-6-1.4, 34A-6-1.31, 34A-11-9, 34A-11-10, 34A-11-12, 34A-11-14, 34A-12-1 to 34A-12-15, inclusive, 45-6B-70,
45-6C-45, 45-6D-60, and 45-9-68 and Title 34A relative to discharges, the secretary may expend
funds from the response fund to provide for the costs of investigations, emergency remedial efforts,
corrective actions, and managerial or administrative activities associated with such activities. The
secretary's use of the response fund shall be based upon the following:
In the case of an investigation, when the secretary determines that a discharge requiring
an emergency remedial effort may have occurred and that the general operating budget
of the department for such purposes is not adequate to cover the costs of the necessary
In the case of an emergency remedial effort, when the secretary determines that a
discharge has occurred and that corrective actions shall be immediately undertaken to
protect an imminent threat to the public health or safety or to contain a discharge which,
if not immediately contained, shall in time pose a significantly greater threat to public
health or safety or to the environment of this state than if such action is not immediately
In the case of a discharge not of an emergency nature when the secretary determines that
a discharge has occurred, that a responsible party or liability fund capable of performing
the corrective actions either cannot be identified or refuses to undertake corrective actions,
and that corrective actions shall be undertaken to protect the public health, safety, welfare,
or environment of the state.
SL 1988, ch 291, § 5; SL 1992, ch 158, § 55A; SL 1999, ch 182, § 3.