Section 260.546

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT

Chapter 260

Effective - 28 Aug 2008, 2 histories   

  260.546.  Emergency assistance — cost, how paid — cost statement, contents — payment, when — amount, appeal procedure — state fund to pay cost but repayment required. — 1.  In the event that a hazardous substance release occurs for which a political subdivision or volunteer fire protection association as defined in section 320.300 provides emergency services, the person having control over a hazardous substance shall be liable for such reasonable and necessary costs incurred by the political subdivision or volunteer fire protection association while securing an emergency situation or cleaning up any hazardous substances.  Such liability includes the cost of materials and supplies actually used to secure the emergency situation.  The liability may also include the cost for contractual services which are not routinely provided by the department or political subdivision or volunteer fire protection association.  Such liability shall not include the cost of normal services which otherwise would have been provided.  Such liability shall not include budgeted administrative costs or the costs for duplicate services if multiple response teams are requested by the department or political subdivision unless, in the opinion of the department or political subdivision, duplication of service was required to protect the public health and environment.  No later than sixty days after the completion of the cleanup of the release of a hazardous substance, the political subdivision or volunteer fire protection association shall submit to the person having control of the spilled hazardous substance an itemized statement of costs provided by the political subdivision.  The statement of costs shall include but not be limited to an explanation of why the costs were reasonable and necessary.  The explanation shall describe how such costs were not duplicative, did not include costs for normal services that would otherwise have been provided, and why contractual services, if any, were utilized in the response to the emergency situation.  Response and cleanup costs are eligible for reimbursement if the initial response and assessment to a release of a hazardous substance was based on best practices and in a manner that any prudent political subdivision or volunteer fire protection association would respond to a release of a hazardous substance.  Such response and cleanup costs may also include the costs of contractual services which are not routinely provided by the department or political subdivision or volunteer fire protection association.  Such costs shall not include the costs of normal services which otherwise would have been provided.

  2.  Full payment shall be made within thirty days of receipt of the cost statement unless the person having control over the hazardous substance contests the amount of the costs pursuant to this section.  If the person having control over the hazardous substance elects to contest the payment of such costs, such person shall file an appeal with the director within thirty days of receipt of the cost statement.

  3.  Upon receipt of such an appeal, the director shall notify the parties involved of the appeal and collect such evidence from the parties involved as the director deems necessary to make a determination of reasonable cleanup costs.  The burden of proof shall be on the political subdivision or volunteer fire protection district to document and justify such costs allowed under subsection 1 of this section.  Within sixty days of notification of the appeal, the director shall notify the parties of his or her decision.  The director shall direct the person having control over a hazardous substance to pay those costs the director finds to be reasonable and appropriate.  The determination of the director shall become final thirty days after receipt of the notice by the parties involved unless prior to such date one of the involved parties files a petition for judicial review pursuant to chapter 536.

  4.  The political subdivision or volunteer fire protection association may apply to the department for reimbursement from the hazardous waste fund created in section 260.391 for the costs for which the person having control over a hazardous substance shall be liable if the political subdivision or volunteer fire protection association is able to demonstrate a need for immediate relief for such costs and believes it will not receive prompt payment from the person having control over a hazardous substance.  When the liability owed to the political subdivision or volunteer fire protection association by the person having control over a hazardous substance is paid, the political subdivision or volunteer fire protection association shall reimburse the department for any payment it has received from the hazardous waste fund.  Such reimbursement to a political subdivision or volunteer fire protection association by the department shall be paid back to the department by the political subdivision or volunteer fire protection association within that time limit imposed by the department notwithstanding failure of the person having control over a hazardous substance to reimburse the political subdivision or volunteer fire protection association within that time.

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(L. 1990 H.B. 1395 & 1448, A.L. 2000 S.B. 577, A.L. 2005 S.B. 225, A.L. 2008 S.B. 931)