Section 68-212-404 - Rights of department(a) Nothing in this part is deemed to prohibit or limit the rights of the department to clean up sites or to obtain a lien on sites, pursuant to § 68-212-209.(b) Nothing in this part is deemed to prohibit or limit the rights of the department to direct the holder to take any emergency response actions, including closure of the site, vessel or facility necessary to prevent, contain or mitigate a continuing or new discharge that poses an immediate threat to the environment or the public health, safety or welfare.