(1) (a) If the executive director has reason to believe any hazardous materials release that occurred after March 18, 1985, is presenting a direct and immediate threat to public health or the environment, the executive director may: (i) issue an order requiring the owner or operator of the facility to take abatement action within the time specified in the order; or (ii) bring suit on behalf of the state in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, to require the owner or operator to take immediate abatement action. (b) If the executive director determines the owner or operator cannot be located or is unwilling or unable to take abatement action, the executive director may: (i) reach an agreement with one or more potentially responsible parties to take abatement action; or (ii) use fund money to investigate the release and take abatement action. (2) The executive director may use money from the fund created in Section 19-6-307: (a) for abatement action even if an adjudicative proceeding or judicial review challenging an order or a decision to take abatement action is pending; and (b) to investigate a suspected hazardous materials release if the executive director has reason to believe the release may present a direct and immediate threat to public health. (3) This section takes precedence over any conflicting provision in this part.
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