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House Amendment 4177

Amendment Text

PAG LIN
  1  1    Amend House File 508, as amended, passed, and
  1  2 reprinted by the House, as follows:
  1  3    #1.  Page 2, by striking lines 5 through 16 and
  1  4 inserting the following:
  1  5    "2.  "Corrective action" means an action taken to
  1  6 reduce, minimize, eliminate, clean up, control, or
  1  7 monitor a release to protect the public health and
  1  8 safety or the environment.  Corrective action includes
  1  9 both passive and active systems:
  1 10    a.  Passive systems include only soil monitoring,
  1 11 groundwater monitoring, natural attenuation, natural
  1 12 biodegradation, and site management practices.  A
  1 13 passive system must be conducted under the direction
  1 14 of a registered groundwater professional.
  1 15    b.  Active systems include, but are not limited to,
  1 16 excavation of an underground storage tank for purposes
  1 17 of repairing a leak or removal of a tank, removal of
  1 18 contaminated soil, disposal or processing of
  1 19 contaminated soil, cleansing of groundwaters or
  1 20 surface waters, enhanced bioremediation, and
  1 21 institutional controls.  An active system must be
  1 22 conducted under the direction of a professional
  1 23 engineer registered under chapter 542B.
  1 24    Corrective action does not include replacement of
  1 25 an underground storage tank.  Corrective action
  1 26 specifically excludes third-party liability."
  1 27    #2.  Page 8, by inserting after line 7 the
  1 28 following:
  1 29    "Sec.    .  Section 455G.9, subsection 4, paragraph
  1 30 a, Code 1995, is amended to read as follows:
  1 31    a.  An owner or operator who reports a release to
  1 32 the department of natural resources after May 5, 1989,
  1 33 and on or before October 26, 1990, shall be required
  1 34 to pay the following copayment amounts:
  1 35    (1)  If the owner or operator has a net worth of
  1 36 one hundred thousand dollars or less and owns no more
  1 37 than one site, the owner or operator shall pay no more
  1 38 than eighteen percent of the total costs of corrective
  1 39 action for that release.  For purposes of this
  1 40 subparagraph, "net worth" means the fair market value
  1 41 of the site, which shall include an adjustment for
  1 42 anticipated benefits under this section.
  1 43    (1) (2)  If a site's total anticipated expenses are
  1 44 not reserved for more than, or actual expenses do not
  1 45 exceed, eighty thousand dollars, the owner or operator
  1 46 shall pay the greater of five thousand dollars or
  1 47 eighteen percent of the total costs of corrective
  1 48 action for that release.
  1 49    (2) (3)  If a site's total anticipated expenses are
  1 50 reserved for more than, or actual expenses exceed,
  2  1 eighty thousand dollars, the owner or operator shall
  2  2 pay the amount as designated in subparagraph (1) (2)
  2  3 plus thirty-five percent of the total costs of the
  2  4 corrective action for that release which exceed eighty
  2  5 thousand dollars."
  2  6    #3.  By renumbering, relettering, or redesignating
  2  7 and correcting internal references as necessary.  
  2  8 HF 508S
  2  9 js/pk/25
  2 10 js/cc/26
     

Text: H04176                            Text: H04178
Text: H04100 - H04199                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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