49-294
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49-294. Use of monies obtained through consent decrees or litigation A. All monies obtained by the director as the result of a settlement entered into pursuant to this article or through filing an action in state or federal court under this article or under CERCLA shall be deposited, pursuant to sections 35-146 and 35-147. Monies recovered pursuant to this section for the department's remedial action costs that are incurred before the date of a settlement or a court judgment shall be deposited, pursuant to sections 35-146 and 35-147, in the water quality assurance revolving fund. Monies recovered pursuant to this section for the department's remedial action costs that are to be incurred after the date of a settlement or court judgment may be deposited in separate accounts, and any interest earned on monies in these accounts shall be credited to those accounts for use for remedial action at the specific site or facility from which the monies were generated, including reasonable and necessary costs, and legal costs for administration of the account for that site or facility. If a specific site's or facility's account contains monies at the completion of the remedial action, the director may use these excess monies in the manner and for the purposes prescribed in section 49-282. B. This section and sections 49-292, 49-295 and 49-296 shall not be construed to limit the authority of the director to take any action under federal law or under other provisions of this title. |