§ 27A-2202. Legislative findings.  


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  • A.  The Legislature recognizes that historic lead and zinc mining operations have caused severe environmental degradation in areas of this state.  The Legislature further recognizes that this degradation has caused the United States Environmental Protection Agency to place large areas within the state, including entire municipalities, on its Superfund National Priorities List of the most seriously contaminated sites in the nation.

    B.  The Legislature finds that lead poses a unique threat to children six (6) years of age and younger.  During this period of their development children are particularly vulnerable to neurological damage caused by lead exposure.  The effects of this childhood exposure can continue throughout their lives.

    C.  The Legislature hereby finds and determines that, as shown by studies conducted by the State Department of Health and the United States Indian Health Service, children six (6) years of age and younger, living in the vicinity of these former mining areas, exhibit blood lead levels above the thresholds considered dangerous to human health, and continued exposure of such children to lead constitutes a significant danger to the health of such children in the future.  Further, the Legislature hereby determines a need exists to remedy the problem, by providing incentives for families with children six (6) years of age and younger to relocate outside the area of contamination.

    D.  The Legislature further recognizes that much of the damage caused by historic lead and zinc mining has resulted in a serious subsidence risk in the affected areas.  The United States Army Corps of Engineers has identified municipalities within those areas where the risk of subsidence poses an imminent risk to the public and the Legislature therefore finds that a need exists to remedy this problem by expanding the purpose of this act to provide incentives for those owning or leasing property in the affected areas to relocate to areas of greater safety.

Added by Laws 2004, c. 371, § 2.  Amended by Laws 2006, c. 226, § 1, emerg. eff. June 6, 2006.  Renumbered from § 7602 of Title 10 by Laws 2006, c. 226, § 6, emerg. eff. June 6, 2006.