Bill Text: AZ HB2128 | 2025 | Fifty-seventh Legislature 1st Regular | Engrossed
Bill Title: Environmental remediation; liability; release
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed) 2025-03-04 - Senate read second time [HB2128 Detail]
Download: Arizona-2025-HB2128-Engrossed.html
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House Engrossed
environmental remediation; liability; release |
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State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025
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HOUSE BILL 2128 |
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An Act
amending sections 49-281, 49-282, 49-285.01, 49-289.03 and 49-292, Arizona Revised Statutes; relating to environmental remediation.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 49-281, Arizona Revised Statutes, is amended to read:
49-281. Definitions
In this article, unless the context otherwise requires:
1. "Applicant" means any individual, employee, officer, managing body, trust, firm, joint stock company, consortium, public or private corporation, including a government corporation, partnership or association, this state, a political subdivision of this state, or a commission of the United States government or a federal facility, an interstate body or any other entity that applies for a settlement under either section 49-292.01 or 49-292.02.
2. "Community" means the broad spectrum of persons determined by the director to be within an existing or proposed site placed on the registry pursuant to section 49-287.01.
3. "Community involvement area" means the geographical area that is within a site placed on the registry pursuant to section 49-287.01 and additional geographic areas as found appropriate in the director's discretion.
4. "Dispose" means the deposit, injection, dumping, spilling, leaking or placing of any pollutant into or on any land or water so that the pollutant or any constituent of the pollutant may enter the environment or be discharged into any waters, including aquifers.
5. "Eligible party" means a person who enters into a written agreement with the director to implement and complete a remedial investigation and feasibility study with respect to a site or portion of a site that was on the annual priority list on May 1, 1997 or any other person who incurs costs for a remedial action that is in substantial compliance with section 49-282.06 as determined by the director.
6. "Facility" means any land, building, installation, structure, equipment, device, conveyance, area, source, activity or practice.
7. "Fund" means the water quality assurance revolving fund established by section 49-282.
8. "Hazardous substance":
(a) Has the same meaning prescribed in section 49-201. but
(b) Does not include petroleum as defined in section 49-1001, except to the extent that a constituent of petroleum is subject to section 49-283.02.
9. "Nonrecoverable costs" means any costs incurred by the director after June 30, 1997:
(a) That consist of salaries and benefits paid to state employees, including direct and indirect costs, except as specifically provided in section 49-282.05, section 49-285, subsection B, section 49-285.01, section 49-287.01, section 49-287.06, subsection H and section 49-287.07 and for epidemiological studies conducted by the department of health services.
(b) For activities conducted pursuant to section 49-287.02.
(c) For water monitoring activities conducted pursuant to section 49-225.
(d) For well inspections, but not other remedial actions, to determine whether vertical cross-contamination is resulting from a well pursuant to section 45-605 or 49-282.04.
(e) For rulemaking.
10. "Orphan shares" means the shares of the cost of a remedial action that are allocated to an identified person who is determined to be a responsible party and that are not paid or otherwise satisfied by that responsible party due to any of the following:
(a) The party cannot be located or no longer exists.
(b) The party has entered into a qualified business settlement pursuant to this article.
(c) The party has entered into a settlement pursuant to this article for an amount that is less than its allocated share.
(d) The director has determined that the share allocated to the party is uncollectible.
11. "Prospective remediator" means a person that wishes to remediate a site but that does not wish to purchase the site.
12. "Prospective remediator agreement" means an AGREEMENT entered into between the department and a prospective remediator that meets the requirements of section 49-285.01.
11. 13. "Release" means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposing into the environment but excludes:
(a) Any release that results in exposure to persons solely within a workplace, with respect to a claim that such persons may assert against the employer of such persons.
(b) Emissions from the engine exhaust of any motor vehicle, rolling stock, aircraft, vessel or pipeline pumping station engine.
(c) Release of source material, by-product material or special nuclear material, as those terms are defined in section 30-651, resulting from the operation of a production or utilization facility as defined in the atomic energy act of 1954 (68 Stat. 919; 42 United States Code sections 2011 through 2297), which is subject to the regulatory authority of the United States nuclear regulatory commission as specified in that act, and the agreement, dated March 30, 1967, entered into between the governor of this state and the United States atomic energy commission pursuant to section 30-656 and section 274 of the atomic energy act of 1954, as amended.
(d) The normal application of fertilizer.
12. 14. "Remedial actions":
(a) Means those actions that are reasonable, necessary, cost-effective and technically feasible in the event of the release or threat of release of hazardous substances into the environment, such actions as may be necessary to investigate, monitor, assess and evaluate such release or threat of release, actions of remediation, removal or disposal of hazardous substances or taking such other actions as may be necessary to prevent, minimize or mitigate damage to the public health or welfare or to the environment that may otherwise result from a release or threat of release of a hazardous substance. Remedial actions include
(b) Includes the use of biostimulation with indigenous microbes and bioaugmentation using microbes that are nonpathogenic, that are nonopportunistic and that are naturally occurring. Remedial actions may include community information and participation costs and providing an alternative drinking water supply.
13. 15. "Remedy" means a remedial action selected in a record of decision issued pursuant to section 49-287.04.
14. 16. "Site" means the geographical areal extent of contamination.
15. 17. "Vertical cross-contamination" means the vertical migration of released hazardous substances in groundwater through a well from an aquifer or aquifer layer to another aquifer or aquifer layer.
Sec. 2. Section 49-282, Arizona Revised Statutes, is amended to read:
49-282. Water quality assurance revolving fund
A. The water quality assurance revolving fund is established to be administered by the director. The fund consists of monies from the following sources:
1. Monies appropriated by the legislature.
2. Fertilizer license fees allocated under section 3-272, subsection B, paragraph 2.
3. Pesticide registration fees allocated under section 3-351, subsection D, paragraph 2.
4. The tax on water use pursuant to section 42-5302.
5. Water quality assurance fees collected under section 45-616.
6. Industrial discharge registration fees collected under section 49-209.
7. Hazardous waste facility registration fees collected under section 49-929.
8. Hazardous waste resource recovery facility registration fees collected under section 49-930.
9. Monies recovered from responsible parties as remedial action costs.
10. Monies received as costs for a review of remedial actions at the request of a person other than this state.
11. Monies received from the collection of corporate income taxes under title 43, chapter 11, article 2 as prescribed by subsection B of this section.
12. Prospective purchaser or prospective remediator agreement fees collected under section 49-285.01.
B. The water quality assurance revolving fund shall be assured of an annual funding amount of $18,000,000. At the beginning of each fiscal year, the state treasurer shall transfer the sum of $15,000,000 to the water quality assurance revolving fund from the corporate income tax as collected pursuant to title 43, chapter 11, article 2. As custodian of the fund, the director shall certify to the governor, the state treasurer, the president of the senate and the speaker of the house of representatives at the end of that fiscal year the amount of monies deposited in the water quality assurance revolving fund pursuant to subsection A, paragraphs 1 through 8 of this section. At the end of the fiscal year the state treasurer shall adjust the $15,000,000 transfer of corporate income tax so that, when combined with monies deposited in the fund during that fiscal year pursuant to subsection A, paragraphs 1 through 8 of this section, the fund receives $18,000,000 each fiscal year. This adjustment shall occur as part of the year-end book closing process for that fiscal year. If sufficient monies from the corporate income tax are not available to make any necessary upward adjustments as part of the year-end book closing, the state treasurer shall transfer the monies necessary to achieve the $18,000,000 funding level from the transaction privilege and severance tax clearing account pursuant to section 42-5029, subsection D, paragraph 4, to the water quality assurance revolving fund. Any transfers prescribed by this subsection shall not be deducted from the net proceeds distributed pursuant to section 43-206.
C. At the beginning of each fiscal year, the director of environmental quality shall contract with the department of water resources for the transfer of up to $800,000 from the water quality assurance revolving fund to the Arizona water quality fund established by section 45-618 for support services for the water quality assurance revolving fund program. The support services provided for the water quality assurance revolving fund program shall be determined by the director of water resources in consultation with the director of environmental quality.
D. Monies in the fund are exempt from lapsing under section 35-190. Interest earned on monies in the fund shall be credited to the fund.
E. Monies from the water quality assurance revolving fund shall be used for the following purposes:
1. To provide state matching monies or to meet such other obligations as are prescribed by section 104 of CERCLA.
2. For all reasonable and necessary costs to implement this article, including:
(a) Taking remedial actions.
(b) Conducting investigations of an area to determine if a release or a threatened release of a hazardous substance exists.
(c) Conducting remedial investigations, feasibility studies, health effect studies and risk assessments.
(d) Identifying and investigating potentially responsible parties and allocating liability among the responsible parties.
(e) Funding orphan shares.
(f) Participating in the allocation process, administrative appeals and court actions.
(g) Funding the community advisory boards and other community involvement activities.
(h) Remediating pollutants if necessary to remediate a hazardous substance.
3. For the reasonable and necessary costs of monitoring, assessing, identifying, locating and evaluating the degradation, destruction, loss of or threat to the waters of the state resulting from a release of a hazardous substance to the environment.
4. For the reasonable and necessary costs of administering the fund.
5. For the reasonable and necessary costs of administering the industrial discharge registration program under section 49-209.
6. For the costs of the water quality monitoring program described in section 49-225.
7. For compliance monitoring, investigation and enforcement activities pertaining to generating, transporting, treating, storing and disposing of hazardous waste. The amount to be used pursuant to chapter 5 of this title is limited to the amount received in the prior fiscal year from the hazardous waste facility registration fee.
8. For emergency response use as prescribed in section 49-282.02.
9. For all reasonable and necessary costs of the preparation and execution of prospective purchaser agreements.
10. For all reasonable and necessary costs of the voluntary remediation program.
11. To reimburse a political subdivision of this state for its reasonable, necessary and cost-effective remedial action costs incurred in response to a release or threat of a release of a hazardous substance or pollutants that presents an immediate and substantial endangerment to the public health or the environment. The political subdivision is not eligible for reimbursement until it has taken all reasonable efforts to obtain reimbursement from the responsible party and the federal government. Not more than $250,000 may be spent from the fund for this purpose in any fiscal year.
12. For all reasonable and necessary costs incurred by the department pursuant to section 49-282.04 and the department of water resources pursuant to section 45-605 for well inspections, remedial actions and review and approval of well construction necessary to prevent vertical cross-contamination. The director of environmental quality and the director of water resources shall enter into an agreement for the transfer of these costs.
13. For actions that are taken pursuant to section 49-282.03 before the selection of a remedy.
14. For the reasonable and necessary costs of the conveyance, use or discharge of water remediated as part of a remedy under this article.
15. For the reasonable and necessary costs incurred by the department of health services at the request of the director of environmental quality to assess and evaluate the effect of a release or threatened release of hazardous substances to the public health or welfare and the environment. The director of environmental quality and the director of the department of health services shall enter into an agreement for the transfer of these costs. The assessment and evaluation by the department of health services may include:
(a) Performing health effect studies and risk assessments.
(b) Evaluating and calculating cleanup standards.
(c) Assisting in communicating health and risk issues to the public.
16. For the reasonable and necessary costs incurred by the department of law to provide legal services at the request of the director of environmental quality.
17. For the reasonable and necessary costs of contracting for the goods and services to enable the director to implement this article.
18. For remediation demonstration projects that use bioremediation or other alternative technologies. The department may not use more than $500,000 in a fiscal year pursuant to this paragraph.
F. Any political subdivision of this state that uses, used or may use waters of the state for drinking water purposes or any state agency, regardless of whether the political subdivision or state agency is a responsible party, may apply to the director for monies from the fund to be used for remedial action. An application to the fund for remedial action costs shall not be treated as an admission that a political subdivision or an agency of this state is a responsible party, but a political subdivision or a state agency that is a responsible party is liable for remedial action costs in the same manner, including reimbursement of the fund, as any other responsible party. The political subdivision shall commit a local matching amount at least equal to the amount sought from the fund.
G. The director of environmental quality shall prepare and submit a budget for the water quality assurance revolving fund program and the director of water resources shall prepare and submit a budget for the Arizona water quality fund with the departments' budgets that are required pursuant to section 35-111. The committees on appropriations of the house of representatives and the senate shall review the water quality assurance revolving fund budget and the Arizona water quality fund budget to ensure that the departments' expenditures are made in accordance with the legislature's intent and that the departments are making adequate progress toward accomplishing that intent.
Sec. 3. Section 49-285.01, Arizona Revised Statutes, is amended to read:
49-285.01. Prospective purchaser or prospective remediator agreements; assignment; notice; fees; rules
A. The department may provide, pursuant to section 49-292, to a prospective purchaser of a facility or a prospective remediator of a site a written release and a covenant not to sue and may also agree to seek an order of the court granting approval of a settlement that includes immunity from contribution claims for any potential liability for existing contamination under this article or CERCLA if all of the following conditions are met:
1. The facility is within a site identified on the registry maintained by the department pursuant to section 49-287.01 or the department has been provided sufficient information to reasonably identify the extent of the contamination at the facility.
2. The person is not currently liable for an existing or threatened release of a hazardous substance at the facility.
3. The proposed redevelopment or reuse of the facility will not contribute to or exacerbate existing known contamination or unreasonably interfere with remedial measures necessary at the facility or cause the contamination to present a substantial health risk to the public.
4. The agreement will provide a substantial public benefit that may include any of the following:
(a) An agreement by the prospective purchaser or prospective remediator to provide substantial funding or other resources to perform or facilitate remedial measures at the facility pursuant to this chapter.
(b) An agreement by the prospective purchaser or prospective remediator to perform substantial remedial measures at the facility pursuant to this chapter.
(c) Productive reuse of a vacant or abandoned industrial or commercial facility.
(d) Development of a facility by a governmental entity or nonprofit organization to address an important public purpose.
(e) Creation of conservation or recreation areas.
5. The department consults with local planning and zoning authorities with jurisdiction over the facility and considers reasonably anticipated future land uses at the facility and surrounding properties.
6. the DIRECTOR determines that the prospective remediator has the technical capability, financial capability and requisite ACCESS to the facility necessary to perform substantial remedial action at the facility.
6. the
DIRECTOR determines that the prospective remediator has the technical
capability, financial capability and requisite ACCESS to the access to the
facility necessary to perform substantial remedial action at the facility.
B. If the prospective purchaser or prospective remediator of a facility is affiliated with any other person who is a party responsible for the release or threatened release of a hazardous substance under this chapter, through any familial relationship or any corporate or contractual relationship other than a contract to protect a security interest, the director may refuse to provide a written release or covenant not to sue or may refuse to seek an order of the court granting immunity from contribution claims under this section.
C. An agreement between the department and a prospective purchaser or prospective remediator shall include provisions deemed necessary by the department and may include:
1. A representation by the prospective purchaser or prospective remediator that the purchaser or prospective remediator did not cause or contribute to the contamination or otherwise cause or contribute to a release or threatened release of a hazardous substance at the property before the purchaser acquired title.
2. If the prospective purchaser or prospective remediator does not undertake remedial action, a representation that the purchaser or prospective remediator will not exacerbate or contribute to the existing contamination.
3. An agreement that any activity that the prospective purchaser or prospective remediator may conduct or direct on the contaminated property will not unreasonably interfere with any ongoing remedial actions that are being performed by a responsible party or the department and that the purchaser or prospective remediator will cooperate with those activities.
4. An agreement to undertake those measures that constitute a public benefit as prescribed by subsection A, paragraph 4 of this section.
5. If remedial measures are to be performed under the agreement, an agreement to perform those measures in compliance with the applicable statutes and rules, including sections 49-151 and 49-152, and if pursuant to a consent judgment, under the department's supervision.
6. Unless the contamination was caused by this state, a waiver by the person of any claim or cause of action against this state that arises from contamination at the facility that exists as of the date of acquisition of ownership or operation of the facility or as of the date of the prospective remediator agreement.
7. A grant of an easement to the department and its authorized representatives for purposes of ensuring compliance with the agreement or for remedial measures authorized pursuant to this article in connection with contamination at the facility as of the date of acquisition of ownership or operation of the facility or as of the date of the prospective remediator agreement.
8. A reservation of rights as to any person who is not a party to the agreement.
9. The legal description of the property.
10. In any case in which the state conducts remedial actions and there are unrecovered response costs at a property for which the prospective purchaser is not liable, the state as a condition of the prospective purchaser agreement may impose a lien upon on that property for the unrecovered costs. The priority of the lien is as of the date the lien is recorded in the county where the property is located. The lien becomes due on the sale, assignment or transfer of the property by the prospective purchaser unless the new purchaser, assignee or transferor accepts and assumes the lien as a personal obligation with the department's prior written agreement.
11. a demonstration by the prospective
remediator that the prospective remediator has the technical
capability and financial capability to SUFFICIENTLY conduct
the REMEDIAL measures to be performed PURSUANT to the prospective remediator
agreement.[11. the
DIRECTOR determines that the prospective remediator has the technical
capability, financial capability and requisite ACCESS to the access to the
facility necessary to perform substantial remedial action at the facility.]
D. Subject to satisfactory performance of the obligations under the agreement, the prospective purchaser or prospective remediator is not liable to this state under this article for any release of a hazardous substance at the facility that exists on the date of acquisition of ownership or operation of the facility or on the date of the prospective remediator agreement. The person shall bear the burden of proving that any hazardous substance existed on the facility as a result of releases of the hazardous substance before the date of acquisition of ownership or operation of the facility or before the date of the prospective remediator agreement. This release from liability may be voided by the director if the person fails to perform any of the provisions of the prospective purchaser or prospective remediator agreement.
E. The purchaser or prospective remediator shall provide written notice to the department of any sale, assignment or other transfer of the property at least fifteen business days before the date of the transfer.
F. An agreement pursuant to this section is assignable if the assignee qualifies pursuant to subsections A and B of this section for a prospective purchaser or prospective remediator agreement under this section and notice is given to the department as prescribed by subsection E of this section. On assignment, the assignee assumes the obligations and the benefits of the agreement. Unless the assignor has breached the agreement, the assignor retains the benefits of the agreement.
G. The department shall provide notice of a prospective purchaser or prospective remediator agreement by publication in a newspaper of general circulation in the county in which the property is located at least fifteen business days before the execution of a prospective purchaser or prospective remediator agreement. The notice shall include a general description of the contents of the agreement. Any interested person may comment on the proposed agreement in writing to the director.
H. The department may charge a reasonable fee for the preparation and execution of a prospective purchaser or prospective remediator agreement. The director may adopt rules to implement this section.
Sec. 4. Section 49-289.03, Arizona Revised Statutes, is amended to read:
49-289.03. Community involvement plan; community advisory boards; rules
A. The public shall receive notice and be provided an opportunity to comment to the director regarding the following actions taken by the director:
1. The placement of a site on the registry as provided in section 49-287.01.
2. The selection of a remedy as provided in section 49-287.04.
3. Entering into a prospective purchaser or prospective remediator agreement with a person pursuant to section 49-285.01.
4. Entering into a settlement with a responsible party pursuant to section 49-292, 49-292.01 or 49-292.02.
B. The director shall adopt rules to implement this section and to govern providing information to communities and community involvement areas that include how to disseminate information, the location of public information repositories and notice requirements.
C. Before it implements a remedial investigation as provided in section 49-287.03, subsection D the department shall develop a community involvement plan for each site that does all of the following:
1. Establishes a community advisory board.
2. Designates a spokesperson to inform the public and to act as a liaison between the department, the local government and the responsible party.
3. Provides for newsletters with current information about the status of remedial action at the site and other pertinent information to be distributed to residents within the site.
4. Schedules community advisory board meetings.
D. A selection committee shall be established for each site that is required to have a community involvement plan pursuant to section 49-287.03, subsection D. The selection committee shall consist of the following members:
1. One representative of the department.
2. One representative of a potentially responsible party, an owner or operator of a facility within the site or an affected business or industry.
3. One local elected official.
4. Two community members who are not employees of any responsible party, the department or the local government.
E. Each community advisory board shall advise the department, the public and the responsible parties of issues, concerns and opportunities related to the expeditious cleanup of the site. Each community advisory board shall be composed of at least five but not more than twenty members. The members of the community advisory board shall be chosen to represent a diversified cross section of the community with an appropriate balance of interested parties and affected groups. Applications for membership on the community advisory board and the names of the applicants shall be publicly available. Community advisory board members may serve on more than one community advisory board and multiple sites may share a community advisory board to avoid unnecessary multiple boards.
F. Each community advisory board shall:
1. Within ninety days after appointment of members by the selection committee, elect cochairpersons and other officers if needed and shall develop a charter defining at a minimum operating procedures, membership terms and obligations, goals for developing issues, concerns and opportunities related to expeditious cleanup of the site, and any other anticipated activities of the board for identifying and improving the public's access and understanding of information regarding the remediation processes at the site.
2. In response to site activities or a request from a community advisory board member or a city, town or county in which the site is located, meet with the department and any identified responsible parties to receive site briefings, progress reports and other pertinent information.
3. Coordinate with the department to establish local repositories for the dissemination of information about the site.
G. Each community advisory board may:
1. Make site visits and participate in public meetings related to cleanup opportunities and remedy selection decisions.
2. Participate in an annual meeting held by the department in each county that has a site undergoing a remedial investigation and feasibility study under section 49-287.03 or in the process of selecting or implementing a remedy for the purpose of facilitating public involvement and identifying funding priorities for site cleanups.
Sec. 5. Section 49-292, Arizona Revised Statutes, is amended to read:
49-292. Settlement; authority and effect
A. The director shall consider any offer of settlement by a person who that is potentially liable for remedial action costs under this article and CERCLA. The director shall consider the factors in section 49-282.06 and section 49-285, subsections E and F in determining whether to settle any person's liability. In determining the settlement amount, the director shall take into account any past costs incurred for remedial actions at the site by the person. Costs of remedial actions that are incurred by an eligible party as defined in section 49-281, that are or have been approved by the director pursuant to section 49-285, subsection B and that are conducted under the oversight of the director shall be used as a credit against that eligible party's liability. Nothing in This section requires does not require the director to reimburse from the fund the orphan share of costs of approved remedial actions incurred by an eligible party before June 30, 1997. The director may enter into a settlement agreement or consent decree with a potentially responsible party or with a prospective purchaser or prospective remediator pursuant to section 49-285.01 without making an express finding in the settlement agreement or consent decree regarding an imminent and substantial endangerment to the public health or welfare, the waters of this state or the environment.
B. In any settlement agreement or consent decree entered into pursuant to subsection A of this section, the director may provide any potentially responsible party with a covenant not to sue concerning any liability to the this state under this article or under CERCLA, including future liability that may result from a release or threat of a release of a hazardous substance addressed by a remedial action, whether that action is on site or off site. A covenant not to sue takes effect when the settlement agreement or consent decree becomes final. A covenant not to sue with respect to future liability shall include an exception that allows the director to sue the responsible party concerning future liability from the release or threatened release that is the subject of the covenant if the liability arises out of conditions that are unknown to the director at the time the director enters into the covenant. A covenant not to sue does not preclude the director from suing the potentially responsible party for failure to comply with the terms of the settlement agreement or consent decree in which the covenant was included.
C. A potentially responsible party who that has resolved its liability to the this state that arises from this article or from CERCLA in a judicially approved consent decree is not liable for claims for contribution or cost recovery regarding matters addressed in the consent decree. Any such judicially approved consent decree does not discharge other potentially responsible parties unless its terms so provide, but such a settlement does reduce the potential liability of other potentially responsible parties by the amount of the settlement. If a potentially responsible party receives an allocation pursuant to section 49-287.06 or 49-287.07 that is less than the amount the potentially responsible party agreed to pay the this state pursuant to a settlement agreement or consent decree, the excess amount paid by the potentially responsible party shall be credited to the fund. Any payment by a potentially responsible party in excess of the allocation shall not reduce the proportionate liability of any other potentially responsible party.
D. If the this state has obtained less than complete relief from a potentially responsible party who that has resolved its liability to the this state, the this state may bring an action against any other potentially responsible party pursuant to section 49-287.07 who that has not so resolved its liability.
E. A potentially responsible party who that has resolved its liability to the this state may seek contribution for matters addressed in the settlement from any person who that is not a party to a settlement entered into under this section.
F. In any action under this section, the rights of any potentially responsible party who that has resolved its liability to the this state in a judicially approved consent decree or a settlement agreement are subordinate to the rights of the this state for matters addressed in the settlement agreement or consent decree, unless otherwise provided in the settlement agreement or consent decree. If a potentially responsible party who that has resolved its liability to the this state in a settlement agreement or a consent decree provides written notice to the department that it has initiated a lawsuit to recover some or all of its remedial action costs from other potentially responsible parties, the department within thirty days shall provide written notice to the party filing the lawsuit of the department's intent to assert any superior claims the department may have against the other potentially responsible parties. If practicable, the written notice shall include the anticipated dollar amount of the department's claims against each party.
G. The court shall not approve a consent decree entered into pursuant to this section for a period of thirty days after the date that notice of the terms of the consent decree is provided to the public to allow for public comment. Any comment shall be filed with the court and a copy shall be sent by mail to the director and to the settling party. After the expiration of the thirty day thirty-day public comment period, the director through the attorney general may petition the court for entry of the consent order.
H. A person's decision to enter into a settlement agreement pursuant to this article shall not be construed as is not an admission in any other judicial proceeding as to the fact or extent of that person's liability with respect to the releases or threatened releases that are covered by the settlement.
