§ 97-b. Hazardous waste remedial fund. 1. There is hereby established\nin the custody of the state comptroller a nonlapsing revolving fund to\nbe known as the "hazardous waste remedial fund", which shall consist of\na "site investigation and construction account", an "industry fee\ntransfer account", an "environmental restoration project account", a\n"hazardous waste cleanup account", and a "hazardous waste remediation\noversight and assistance account".\n 2. Such fund shall consist of all of the following:\n (a) moneys appropriated for transfer to the fund's site investigation\nand construction account; (b) all fines and other sums accumulated in\nthe fund prior to April first, nineteen hundred eighty-eight pursuant to\nsection 71-2725 of the environmental conservation law for deposit in the\nfund's site investigation and construction account; (c) all moneys\ncollected or received by the department of taxation and finance pursuant\nto section 27-0923 of the environmental conservation law for deposit in\nthe fund's industry fee transfer account; (d) all moneys paid into the\nfund pursuant to section 72-0201 of the environmental conservation law\nwhich shall be deposited in the fund's industry fee transfer account;\n(e) all moneys paid into the fund pursuant to paragraph (b) of\nsubdivision one of section one hundred eighty-six of the navigation law\nwhich shall be deposited in the fund's industry fee transfer account;\n(f) all moneys recovered under sections 56-0503, 56-0505 and 56-0507 of\nthe environmental conservation law into the fund's environmental\nrestoration project account; (g) all fees paid into the fund pursuant to\nsection 72-0402 of the environmental conservation law which shall be\ndeposited in the fund's industry fee transfer account; (h) payments\nreceived for all state costs incurred in negotiating and overseeing the\nimplementation of brownfield site cleanup agreements pursuant to title\nfourteen of article twenty-seven of the environmental conservation law\nshall be deposited in the hazardous waste remediation oversight and\nassistance account;(j) other moneys credited or transferred thereto from\nany other fund or source for deposit in the fund's site investigation\nand construction account.\n 3. Moneys of the hazardous waste remedial fund, except monies in the\nindustry fee transfer account, when allocated, shall be available to the\ndepartments of environmental conservation, health and law for the\nfollowing purposes:\n (a) inactive hazardous waste disposal site remedial programs pursuant\nto section 27-1313 of the environmental conservation law and section\nthirteen hundred eighty-nine-b of the public health law;\n (b) cleaning up or restoring to its original state any area where\nhazardous wastes were disposed of or possessed unlawfully in violation\nof article twenty-seven of the environmental conservation law. For the\npurposes of this section "the original state of the area" shall mean the\nreasonably ascertainable condition of the property immediately prior to\nthe unlawful disposal or, if it is impracticable to determine such\ncondition, then it is the reasonable environmentally sound condition of\nthe area;\n (c) inactive hazardous waste site identification, classification, and\ninvestigation actions including testing, analyses, record searches, and\nother expenditures necessary to develop the state inactive hazardous\nwaste disposal site remedial plan required pursuant to section 27-1305\nof the environmental conservation law;\n (d) financing the non-federal share of the cost of clean up and site\nremediation activities, as well as post-closure operation and\nmaintenance costs, pursuant to the federal Comprehensive Environmental\nResponse, Compensation and Liability Act of 1980;\n (e) emergency response action to clean up spills or abate other public\nhealth or environmental hazards involving hazardous wastes, except those\nprovided for under the New York state environmental protection
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