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) unclaimed or excess reclamation bond money received pursuant to 82-4-241, 82-4-311, 82-4-424, and 82-4-426; and
(c) 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 or hazardous substances for which the department may not recover costs from a legally responsible party; 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.
(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) unclaimed or excess reclamation bond money reimbursements received pursuant to 82-4-241, 82-4-311, 82-4-424, and 82-4-426; and 75-10-1403;
(c) interest earned on the account. 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, or hazardous hazardous or deleterious substances for which the department may not recover costs from a legally responsible party; 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.
Environmental rehabilitation and response account
| EnactedEn. SectionSec. 1, ChapterCh. 338, Laws ofL. 2001 (SB 449 - Tester, Jon (D) SD 45) |