49-1015. Underground storage tank revolving
fund; regulatory account; use; purpose
A. An underground storage tank revolving fund is established and shall be
administered by the director. Monies in the fund are exempt from lapsing under section
35-190. The fund shall be divided into three separate accounts designated as the
regulatory account, the assurance account and the grant account. The monies in the
assurance account and the grant account shall be divided into two portions. Monies
generated and collected from a county with a population in excess of one million two
hundred thousand persons according to the most recent United States decennial census
shall be segregated from the monies generated and collected from any other county and
shall be placed in an area A, as defined in section 49-541, account. On notice from the
director, the state treasurer shall invest and divest monies in each separate account as
provided by section 35-313, and monies earned from investment shall be credited to the
respective account. The regulatory account shall be used according to this section. The
assurance account and grant account shall be used according to articles 3 and 4 of this
chapter.
B. The regulatory account consists of monies appropriated by the legislature,
monies which are expenses, costs and judgments recovered pursuant to this chapter, monies
obtained from the fees imposed by this chapter and the rules adopted under this chapter
and gifts.
C. Monies from the regulatory account may be used for the following:
1. To provide state matching monies and to meet other obligations as prescribed by
section 9003(h)(7)(B) of the federal solid waste disposal act.
2. For all the reasonable and necessary costs incurred in taking corrective actions
pursuant to section 49-1017.
3. For the costs of recovering the expenses of corrective actions pursuant to
section 49-1017.
4. For the costs incurred in administering the regulatory requirements of this
chapter.
5. For the costs of administering the regulatory account. The reasonable costs of
the department to administer the regulatory account shall be reimbursed by the regulatory
account, but the regulatory account shall not be charged with any other costs incurred by
the department in administering this chapter.
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