(1) As used in this section, "imminent and substantial endangerment from solid waste" means: (a) Conditions involving landfill gases, groundwater contamination, landfill leachate, or discharges to surface water; and (b) Physical hazards originating from solid waste that present a threat to public health and safety or the environment. (2) (a) The department is authorized to expend moneys from the solid waste management fund created in section 30-20-118 to respond to and mitigate imminent and substantial endangerment from solid waste. (b) When expending any moneys pursuant to this section, the department shall give priority to mitigating the imminent nature of the endangerment instead of expending moneys for characterizing the endangerment. The department shall use its best efforts to minimize moneys expended for characterizing the endangerment. (3) The department shall not pursue an action under the "Comprehensive Environmental Response, Compensation, and Liability Act of 1980", 42 U.S.C. sec. 9601 to 9675, to seek recovery of its costs incurred pursuant to this section. (4) At any reasonable time, in order to implement this section, the department, upon consent or upon obtaining a search warrant, shall have free and unimpeded access to all property that is the site of the solid waste, including all buildings, yards, warehouses, and storage facilities on such property in which it is reasonably believed that an imminent and substantial endangerment from solid waste exists. (5) The provisions of this section do not apply to sites regulated by the energy and carbon management commission created in section 34-60-104.3 (1) or by the oil inspection section of the department of labor and employment pursuant to article 20 of title 8. (6) Nothing in this section shall be construed to constitute a waiver of immunity that is otherwise applicable to the department or its employees, agents, or representatives. (7) Repealed.
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