TITLE 39

HEALTH AND SAFETY

CHAPTER 71

HAZARDOUS SUBSTANCE EMERGENCY RESPONSE ACT

39-7110.  Deficiency warrants for reimbursement of response costs. (1) The military division shall review all claims for reimbursement and make recommendations as to payment or nonpayment of the claims to the board of examiners within one hundred twenty (120) days after termination of the hazardous substance incident. The board of examiners may authorize the issuance of deficiency warrants for the purpose of reimbursing reasonable and documented costs associated with emergency response actions taken pursuant to this chapter. The costs associated with routine firefighting procedures shall not be reimbursable costs under this chapter.

(2)  Deficiency warrants authorized by the board of examiners shall not exceed the sum of one hundred thousand dollars ($100,000) for reimbursement of all claims made as a result of a single hazardous substance incident. In the event all claims for reimbursement for a single hazardous substance incident exceed the sum of one hundred thousand dollars ($100,000), the board of examiners shall determine an appropriate and equitable basis of payment of reimbursements.

(3)  Upon authorization of deficiency warrants by the board of examiners in accordance with the provisions of this section, the state controller shall draw deficiency warrants in the authorized amounts against the general fund.

(4)  Nothing contained in this section shall be construed to change or impair any right of recovery or subrogation arising under any other provisions of law.

History:

[39-7110, added 1991, ch. 242, sec. 1, p. 589; am. 1994, ch. 180, sec. 75, p. 476; am. 1997, ch. 121, sec. 7, p. 363; am. 2003, ch. 32, sec. 21, p. 129.]