A. The institutional and engineering control fund is established to be administered by the director. The fund consists of monies from the following sources:

Terms Used In Arizona Laws 49-159

  • Director: means the director of environmental quality who is also the director of the department. See Arizona Laws 49-101
  • Engineering control: means a remediation method such as a barrier or cap that is used to prevent or minimize exposure to contaminants and that includes technologies that reduce the mobility or migration of contaminants. See Arizona Laws 49-151

1. Fees collected pursuant to section 49-152, subsection K.

2. Fees collected pursuant to section 49-158, subsection G.

3. Costs of restoring engineering controls that are recovered pursuant to Section 49-152.01.

4. Costs of restoring engineering controls that are recovered pursuant to section 49-158, subsection I.

5. Monies paid into the fund pursuant to Section 49-152.01, subsection B.

6. Gifts, grants and donations.

7. Legislative appropriations.

B. Monies in the institutional and engineering control fund are continuously appropriated and are exempt from the provisions of section 35-190 relating to lapsing of appropriations. On notice from the director, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund.

C. Monies in the institutional and engineering control fund shall be used for the following purposes:

1. For all reasonable and necessary costs to implement section 49-152, subsections B through O and sections 49-152.01, 49-152.02 and 49-158.

2. For the reasonable and necessary costs to administer the fund.