When the director, in performing activities pursuant to this article determines action,
not set forth in subsection (b), section three of this article, is necessary to prevent
or remediate any adverse effects of the landfill he or she shall notify the permittee
and make and enter an order directing the permittee to take corrective or remedial
action. The order shall contain findings of fact upon which the director based his or her
determination to make and enter such order. The director shall fix a time limit for the completion of such action.
The director shall cause a copy of any such order to be served by registered or certified
mail or by a law-enforcement officer upon such person.
If the corrective action is not taken within the time limit or the permittee notifies
the director that it is unable to comply with the order, the director may expend amounts,
as provided herein, to make the remediation.
The costs reasonably incurred in any remedial action taken by the director as provided
in this article may be paid for initially by amounts available to the director in
the fund created in subdivision (3), subsection (h), section eleven, article fifteen
of this chapter or, to the extent funds are available, from the fund created in section
twelve of this article, and such sums so expended, if not promptly repaid by the permittee
upon request of the director, may be recovered from the permittee by appropriate civil
action to be initiated by the attorney general upon request of the director. All funds so recovered shall be deposited in the fund from which said funds were
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