(a) The department may recover against a person the department's direct and indirect costs, including administrative costs, incurred through the regulation of coal combustion residuals disposal units as provided by rules adopted by the board pursuant to this part.
(b) Board rules providing for cost recovery under this section must establish an annual cap and may include costs associated with permitting, oversight, supervision, investigation, regulation, and remediation activities relative to coal combustion residuals disposal units.
(c) The department shall not assess fees for coal combustion residuals disposal units under title 68, chapter 203, if the department seeks recovery of its costs pursuant to this section.