§ 75-1-110 — Environmental Rehabilitation And Response Account

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.

Legislative History

En. Sec. 1, Ch. 338, L. 2001; amd. Sec. 98, Ch. 2, L. 2009; amd. Sec. 1, Ch. 107, L. 2009; amd. Sec. 8, Ch. 200, L. 2009.