(a) Application.--Notwithstanding the provisions of subsection 505(c) and section 507,¹ an identified and responsible owner or operator of a site with a release or threatened release of a hazardous substance or a contaminant shall not be subject to enforcement orders or the cost recovery provisions of this act, until the department has instituted administrative or judicial enforcement action against the owner or operator under other applicable environmental laws and the owner or operator has failed to comply with or is financially unable to comply with such administrative or judicial enforcement action. In the event of noncompliance with such administrative or judicial enforcement action, the provisions of this act may be applied by the department unless the owner or operator has obtained a supersedeas from the board or the court conducting any such judicial enforcement action. For the purposes of this subsection, such a supersedeas shall be based on whether there is a release or threatened release at the site which constitutes a danger to the public health and safety or the environment. An appeal of the department's enforcement action shall not serve as a bar that prevents the department from applying the provisions of this act to the owner or operator in the absence of the issuance of a supersedeas.

(b) Department action.--The department may not initiate enforcement orders nor apply the cost recovery provisions of this act against a responsible person for the release or threatened release of a hazardous substance or a contaminant at a site that is the subject of subsection (a), where the owner or operator of the site is financially able to comply with an administrative or judicial enforcement action instituted under subsection (a), and the owner or operator has undertaken appropriate action to abate the release or threatened release of the hazardous substance or contaminant, as required by the administrative or judicial enforcement action, or the owner or operator has obtained a supersedeas from the board or the court conducting any such judicial enforcement action. For the purposes of this subsection, such a supersedeas shall be based on whether there is a release or threatened release at the site which constitutes a danger to the public health and safety or the environment. An appeal of the department's enforcement action shall not serve as a bar that prevents the department from applying the provisions of this act to the responsible person in the absence of the issuance of a supersedeas to the owner or operator.

(c) Authority.--Nothing in this section shall affect the authority of the department or the Governor to implement an interim response or an emergency response.