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.
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