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Text: SF00038                           Text: SF00040
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Senate File 39

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 455G.11, subsection 3, paragraph c,
  1  2 Code 1995, is amended to read as follows:
  1  3    c.  The applicant certifies in writing to the board that
  1  4 the tank to be insured will be brought into compliance with
  1  5 either paragraph "a" or "b", on or before January 1, 1995
  1  6 1998, provided that prior to the provision of insurance
  1  7 account coverage, the tank site tests release free.  An owner
  1  8 or operator who fails to comply as certified to the board on
  1  9 or before January 1, 1995 1998, shall not insure that tank
  1 10 through the insurance account unless and until the tank
  1 11 satisfies the requirements of paragraph "a" or "b".  An owner
  1 12 or operator who fails to comply with either paragraph "a" or
  1 13 "b" by October 26, 1993, or who fails to enter into a contract
  1 14 on or before October 26, 1993, which, upon completion, will
  1 15 bring the owner or operator into compliance with either
  1 16 paragraph "a" or "b" by January 1, 1995 1998, shall pay an
  1 17 additional surcharge of four hundred dollars per tank, per
  1 18 insured time period.
  1 19    Sec. 2.  This Act, being deemed of immediate importance,
  1 20 takes effect upon enactment and applies retroactively to
  1 21 January 1, 1995.  
  1 22                           EXPLANATION
  1 23    This bill extends the date by which owners or operators of
  1 24 underground storage tanks are required to have upgrades in
  1 25 place from January 1, 1995, to the federally mandated upgrade
  1 26 date of January 1, 1998, codified in 40 C.F.R. } 280.21.
  1 27 Currently, an owner or operator was to have upgraded a tank by
  1 28 January 1, 1995, in order to continue to be eligible to
  1 29 receive insurance issued by the state underground storage tank
  1 30 insurance program.  This bill allows an owner or operator to
  1 31 maintain state insurance with an additional $400 per tank
  1 32 surcharge, if the tank is upgraded by January 1, 1998.
  1 33 Because the state insurance policies provide a 60-day
  1 34 cancellation clause, owners or operators have at least until
  1 35 March 1, 1995, before the state insurance will be canceled for
  2  1 failure to upgrade.  Owners or operators who receive the
  2  2 insurance cancellation notice have the following three options
  2  3 in order to maintain remedial benefits under the remedial
  2  4 fund: upgrade the tank, pull the tank, or temporarily abandon
  2  5 the tank.
  2  6    This bill is effective upon enactment and is retroactive to
  2  7 January 1, 1995.  
  2  8 LSB 1656SS 76
  2  9 js/sc/14
     

Text: SF00038                           Text: SF00040
Text: SF00000 - SF00099                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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