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.
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