75-1-110. Environmental rehabilitation and response account.
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75-1-110 . Environmental rehabilitation and response account.
(1)There is an environmental rehabilitation and response account in the state special revenue fund provided for in 17-2-102 .
(2)There must be deposited in the account:
(a)fine and penalty money received pursuant to 75-10-1223 , 82-4-311 , and 82-4-424 and other funds or contributions designated for deposit to the account;
(b)reimbursements received pursuant to 75-10-1403 ;
(c)unclaimed or excess reclamation bond money received pursuant to 82-4-241 , 82-4-311 , and 82-4-424 ; and
(d)interest earned on the account.
(3)Money in the account is available to the department of environmental quality by appropriation and must be used to pay for:
(a)reclamation and revegetation of land affected by mining activities, research pertaining to the reclamation and revegetation of land, and the rehabilitation of water affected by mining activities;
(b)reclamation and revegetation of unreclaimed mine lands for which the department may not require reclamation by, or obtain costs of reclamation from, a legally responsible party;
(c)remediation of sites containing hazardous wastes as defined in 75-10-403 , hazardous or deleterious substances as defined in 75-10-701 , or solid waste as defined in 75-10-203 ; or
(d)response to an imminent threat of substantial harm to the environment, to public health, or to public safety for which no funding or insufficient funding is available pursuant to 75-1-1101 .
(4)Any unspent or unencumbered money in the account at the end of a fiscal year must remain in the account until spent or appropriated by the legislature.