Title 19 Environmental Quality Code Chapter 1 General Provisions Section 108 Creation of Environmental Quality Restricted Account -- Purpose of restricted account -- Sources of funds -- Uses of funds.
19-1-108.Creation of Environmental Quality Restricted Account -- Purpose of
restricted account -- Sources of funds -- Uses of funds.
(1) There is created the Environmental Quality Restricted Account.
(2) The sources of monies for the restricted account are:
(a) radioactive waste disposal fees collected under Sections 19-3-106 and 19-3-106.4 and
other fees collected under Subsection 19-3-104(5);
(b) hazardous waste disposal fees collected under Section 19-6-118;
(c) PCB waste disposal fees collected under Section 19-6-118.5;
(d) nonhazardous solid waste disposal fees collected under Section 19-6-119; and
(e) all investment income derived from money in the restricted account created in this
section.
(3) In each fiscal year, the first $400,000 collected from all waste disposal fees listed in
Subsection (2), collectively, shall be deposited in the General Fund as free revenue. The balance
shall be deposited in the restricted account created in this section.
(4) The Legislature may annually appropriate monies from the Environmental Quality
Restricted Account to:
(a) the department for the costs of administering radiation control programs;
(b) the department for the costs of administering solid and hazardous waste programs;
and
(c) the Hazardous Substances Mitigation Fund, up to $400,000, for purposes set forth in
Title 19, Chapter 6, Part 3, Hazardous Substances Mitigation Act.
(5) In order to stabilize funding for the radiation control program and the solid and
hazardous waste program, the Legislature shall in years of excess revenues reserve in the
restricted account sufficient monies to meet departmental needs in years of projected shortages.
(6) The Legislature may not appropriate money from the General Fund to the department
as a supplemental appropriation to cover the costs of the radiation control program and the solid
and hazardous waste program in an amount exceeding 25% of the amount of waste disposal fees
collected during the most recent prior fiscal year.
(7) The Legislature may annually appropriate not more than $200,000 from this account
to the Department of Public Safety, created in Section 53-1-103, to be used by that department
solely for hazardous materials:
(a) management training; and
(b) response preparation and emergency response training.
(8) All funds appropriated under this part that are not expended at the end of the fiscal
year lapse into the account created in Subsection (1).
Amended by Chapter 251, 2006 General Session
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