The Pollution Emergency Fund, created pursuant to Miss

The Pollution Emergency Fund, created pursuant to Miss. Code Ann. § 49-17-68, may be used by the commission for the purpose of mitigation, abatement, clean-up, or other remedial actions and related technical investigations involving the introduction of pollutants upon or into the land, air or waters of this state and for related purposes. When funds from the Pollution Emergency Fund are used for such purposes, Responsible Parties are required to reimburse such costs to the Pollution Emergency Fund in accordance with the following statutory authority. The Mississippi Air and Water Pollution Control Law, Miss. Code Ann. §§ 49-17-1 through 49-17- 43, provides a mechanism for ensuring that immediate remedial or clean-up action be completed when a party causes pollution requiring immediate remedial or clean-up action. Miss. Code Ann. § 49-17-43 (4) states the following: Any person who owns or operates facilities which, through misadventure, happenstance or otherwise, cause pollution necessitating immediate remedial or clean-up action shall be liable for the cost of such remedial or clean-up action and the commission may recover the cost of same by a civil action brought in the circuit court of the county in which venue may lie. This penalty may be recovered in lieu of or in addition to the penalties provided in subsections (1), (2) and (3) of this section. In the event of the necessity for immediate remedial or clean-up action, the commission may contract for same and advance funds from the Pollution Emergency Fund to pay the costs thereof, such advancements to be repaid to the Pollution Emergency Fund upon recovery by the commission as provided above.