11 MAC Pt. 9, R. 1.5

If the Responsible Party (“RP”) is available at the site of a pollution event, or if MDEQ is able to communicate via telephone with the RP, then the RP shall make arrangements to pay the response contractor directly for necessary remedial or clean-up actions. If the RP is not available and if MDEQ is unable to contact the RP during the remedial or clean-up actions, then MDEQ will contract with the response contractor and advance funds from the Pollution Emergency Fund to pay the costs thereof. The RP shall pay the costs of the remedial or clean-up actions to MDEQ within 30 days of being invoiced for such remedial or clean-up actions by MDEQ. Upon receipt of such reimbursed funds from the RP, MDEQ will deposit the funds back into the Pollution Emergency Fund. If the RP is unwilling to assume responsibility for the pollution event and will not pay the invoice(s), MDEQ may seek cost recovery, penalties and an additional amount for the death of wildlife, if applicable, consistent with Miss. Code Ann. §§ 17-17-29 (3) and (4) and 49-17-43 (3) and (4) and the above Rule 1.3 and Rule 1.4. MDEQ may seek injunctive relief pursuant to Miss. Code Ann. §§ 17-17-29(1), 49-17-27 and 49-17-43(2).