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-.. • Page 41 34-32-122 subsection (3>, if the general assembly determines that funds in the emergency cash fund are inadequate to adequately respond to an emergency. (b) "Emergency" means any event to which the board is authorized to respond pursuant to section 34-32-124.5. (c) (I) The executive director is authorized to bring an action in the district court against any owner, operator, or permit holder whose actions the exec0'tive director reasonably believes necessitated the emergency response or caused the emergency. The purpose of any such action shall be to recover the funds expended from the emergency response cash fund from such owner, operator, or permit holder. (II) The burden of proof in any action brought pursuant to this paragraph (t) shall be on the state which shall demonstrate with competent evidence that: (A) An emergency existed; (B) The parties named necessitated the emergency response or caused the emergency; and (C) The response was reasonable under the circumstances known or reasonably thought to exist by the state. (III) Nothing this paragraph (c) shall be construed to prevent a named party from challenging the adequacy of the evidence or from presenting contrary evidence. (IV) If there is a conflict regarding costs incurred by the office pursuant to this subsection (3), the state shall bear the burden of proof. (d> The court may apportion responsibility for any award of reasonable emergency response costs to any party or parties in any proportion as may be equitable under the circumstances; except that liability shall be several and individual and not joint and collective. (4) If the board makes findings pursuant to section 34-32-124.5 (1) which justify an emergency response, it may: (a) Establish an emergency response team; (b) Enter the property and take remedial action necessary to bring the operation into compliance with the permit or remove an imminent threat to the public health and safety;