1. (1) The general assembly hereby authorizes the department of public health and environment to participate in federal implementation of the federal act and the OPA and, for such purpose, the department has the authority to participate in the selection and performance of responses and remedial actions and to enter into cooperative agreements with the federal government providing for remedial actions and responses. The department, with the consent of the governor, has the authority to decline to participate with the federal government on remedial actions which the department determines are not in the interest of the state. Any cooperative agreements entered into under this article may provide assurances acceptable to the federal government that:

   1. (a) The state will assure all future maintenance of the removal and remedial actions provided for the expected life of such actions;
   2. (b) The state will assure the availability of an acceptable hazardous waste disposal facility for any necessary off-site storage, destruction, treatment, or secure disposition of the hazardous substances.
2. (2) Any state matching payment required by a cooperative agreement entered into pursuant to this section must be approved by the general assembly acting by bill.

Source: L. 84: Entire article RC&RE, p. 785, § 1, effective April 12. L. 88: IP(1) amended, p. 1050, § 1, effective April 4. L. 94: IP(1) amended, p. 2792, § 534, effective July 1. L. 2016: IP(1) amended, (SB 16-092), ch. 53, p. 123, § 2, effective August 10.

Cross references: (1) For the approval by the general assembly of the state matching payment as required by subsection (2) of this section, see L. 85, p. 919, § 7.

(2) For the legislative declaration contained in the 1994 act amending the introductory portion to subsection (1), see section 1 of chapter 345, Session Laws of Colorado 1994.