Colorado § 25-11-303 - Authorization to participate - implementation.

§ 25-11-303. Authorization to participate - implementation.

(1) The general assembly hereby authorizes the department of public health and environment to participate in federal implementation of the "Uranium Mill Tailings Radiation Control Act of 1978", and for such purpose the department has the authority to:

(a) Enter into cooperative agreements with the secretary of energy to perform remedial actions at processing sites designated by the secretary;

(b) Obtain written consent from the record owner of a designated processing site to perform remedial actions at such site;

(c) Provide for reimbursement for the actual cost of any remedial action in accordance with the terms of Public Law 95-604;

(d) Repealed.

(e) Participate in the selection and performance of remedial actions in which the state pays a portion of the cost;

(f) Participate in the following activities for which the state may pay any portion or all of the costs:

(I) Land annotation and information gathering, identification, removal, and disposal of tailing deposits associated with mill sites designated for cleanup pursuant to public law 95-604 that remain outside of the disposal cells constructed for remedial purposes pursuant to the federal "Uranium Mill Tailings Radiation Control Act of 1978"; and

(II) The groundwater restoration phase of the federal "Uranium Mill Tailings Radiation Control Act of 1978".

Source: L. 79: Entire part added, p. 1069, § 1, effective January 1, 1980. L. 86: (1)(d) R&RE, p. 980, § 1, effective May 16. L. 94: IP(1) amended, p. 2791, § 528, effective July 1. L. 97: (1)(f) added, p. 337, § 3, effective April 16. L. 2013: (1)(d)(IV) repealed, (HB 13-1300), ch. 316, p. 1689, § 79, effective August 7. L. 2015: (1)(d) repealed, (HB 15-1145), ch. 79, p. 228, § 9, effective August 5.

Cross references: 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.

ANNOTATION

Although the policies specified in § 24-56-117 apply to condemnation of property under this section, such policies are modified by the policies for state land acquisition included in the federal Uranium Mill Tailings Radiation Control Act. The Mill v. State, Dept. of Health, 868 P.2d 1099 (Colo. App. 1993).

Notwithstanding the rule against consideration of enhanced value in determining fair value in condemnation proceedings, determination of the fair value of property that is condemned under the federal Uranium Mill Tailings Radiation Control Act may include evidence of the value of the property if it were uncontaminated. The Mill v. State, Dept. of Health, 868 P.2d 1099 (Colo. App. 1993).