AGO 86-11.
Case Date | August 27, 1986 |
Court | Colorado |
Colorado Attorney General Opinions
1986.
AGO 86-11.
August 27, 1986Department of Law
Attorney General Opinion FORMAL OPINION
of DUANE WOODARD
Attorney General Opinion No. 86-11
AG Alpha No. LW HW
AGAPL Robert A. Arnott,
Ph.D.
Assistant Director
Colorado Department
of Health
4210 East 11th Avenue
Denver, CO 80220
RE: Proper disposition of
moneys recovered on behalf of the state pursuant to the Comprehensive
Environmental, Response, Compensation, and Liability Act of 1980Dear Dr. Arnott:
This opinion letter responds to your inquiry about the proper
disposition of moneys which may be recovered on behalf of the state from
defendants through settlement or judgment in lawsuits pursuant to the
Comprehensive Environmental Response, Compensation, and Liability Act of 1980,
42 U.S.C. secs. 9601-57 (1982) (hereafter "CERCLA").
QUESTION PRESENTED AND CONCLUSION
Your request for an attorney general's opinion presents the
question:
Whether moneys recovered on behalf of the state from defendants
in CERCLA lawsuits through consent decrees or court ordered judgments must be
credited to the "CERCLA Recovery Fund," pursuant to section 25-16-201, C.R.S.
(1985 Supp.), or whether such moneys must be credited to the "Hazardous
Substance Response Fund," established by section 25-16-104.6, C.R.S. (1985
Supp.), and used by the Department of Health for the purposes designated in the
consent decree or judgment?
In my opinion the General Assembly intended different disposition
of moneys awarded pursuant to CERCLA depending upon the purpose of such awards.
Moneys awarded as reimbursement for the state's costs of responding to released
hazardous substances ("past response costs") must be credited to the Hazardous
Substance Response Fund and, if such past response costs came originally from
the general fund, the moneys must be used to reimburse the general fund. Moneys
awarded to cover the costs of the state's future response to released hazardous
substances ("future response costs") must be credited to the Hazardous
Substance Response Fund and used to accomplish such measures associated with
the site for which the award is made. Natural resource damage awards must be
credited to the CERCLA Recovery Fund and may be appropriated by the General
Assembly for any lawful purpose.
Nothing in this attorney general's opinion should be construed to
apply to response costs...
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