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§ 25-16-101. Legislative Declaration

The general assembly hereby finds and declares that the existence of facilities subject to the federal “Comprehensive Environmental Response, Compensation, and Liability Act of 1980”, including old radium mill residue deposits, poses a potential and significant health hazard. This article is therefore enacted to protect the public health, safety, and welfare by cooperating with the […]

§ 25-16-102. Definitions

As used in this article, unless the context otherwise requires: “Attended solid waste disposal site” means a site established pursuant to part 1 of article 20 of title 30, C.R.S., at which an attendant is present during the normal hours of operation on or after December 31, 1984. This term shall not include any site […]

§ 25-16-103. Authorization to Participate – Implementation

The general assembly hereby authorizes the department of public health and environment to participate in federal implementation of the federal act and the OPA and, for such purpose, the department has the authority to participate in the selection and performance of responses and remedial actions and to enter into cooperative agreements with the federal government […]

§ 25-16-104. Financial Participation

Subject to the provisions of section 25-16-103, the general assembly accepts the provisions of section 104 (c)(3)(C) of the federal act requiring the state to pay or assure payment of the necessary state share of response costs, as appropriated by the general assembly, including all future operation and maintenance costs. Any remedial action requiring state […]

§ 25-16-104.6. Fund Established – Administration – Revenue Sources – Use

There is hereby established in the state treasury the hazardous substance response fund. The fund is composed of money that the general assembly may choose to appropriate from the general fund, money derived from the fee imposed pursuant to section 25-16-104.5, and any interest derived therefrom; money recovered from responsible parties pursuant to the federal […]

§ 25-16-104.7. Natural Resource Damage Recoveries – Fund Created

Except as provided in subsection (3) of this section, money recovered through litigation by the state acting as trustee of natural resources pursuant to the federal act or the OPA, and any interest derived therefrom, are credited to the natural resource damage recovery fund, which fund is hereby created. The department may expend the custodial […]