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House Journal: Page 2101: Friday, April 28, 1995

18     4.  Page 2, line 31, by striking the word
19   "reclassifying" and inserting the following:
20   "classifying".
21     5.  Page 4, by inserting after line 20 the
22   following:
23     "(g)  Remediation shall not be required on a site
24   that does not present an increased cancer risk at the
25   point of exposure of one in one million for
26   residential areas or one in ten thousand for
27   nonresidential areas."
28     6.  Page 6, line 19, by striking the figures and
29   word "455G.11, and 455G.13," and inserting the
30   following:  "and 455G.11, and 455G.13,".
31     7.  Page 7, by inserting after line 30 the
32   following:
33     "Sec. 100.  Section 455G.8, subsection 5, Code
34   1995, is amended to read as follows:
35     5.  COST RECOVERY ENFORCEMENT.  Cost recovery
36   enforcement net proceeds as provided by section
37   455G.13 shall be allocated among the fund's accounts
38   as directed by the board to the innocent landowners
39   fund created under section 455G.21, subsection 2,
40   paragraph "a".  When federal cleanup funds are
41   recovered, the funds are to be deposited to the
42   remedial account of the fund and used solely for the
43   purpose of future cleanup activities."
44     8.  Page 11, by inserting after line 17 the
45   following:
46     "Sec. 101.  Section 455G.13, subsection 1, Code
47   1995, is amended to read as follows:
48     1.  FULL RECOVERY SOUGHT FROM OWNER.  The board
49   shall may seek full recovery from the owner,
operator,
50   or other potentially responsible party liable for the

Page 2  

 1   released petroleum which is the subject of a
 2   corrective action, for which the fund expends moneys
 3   from the remedial account for corrective action or
 4   third-party liability, and for all other costs,
 5   including reasonable and necessary attorney fees and
 6   costs of litigation for which moneys are expended by
 7   the fund in connection with the release.  The
 8   liability of the owner, operator or other potentially
 9   responsible party is limited to that percentage of the
10   released petroleum which was the subject of the
11   corrective action and which the board by a
12   preponderance of the evidence, demonstrates was
13   released by the owner, operator, or other potentially
14   responsible party.  When federal cleanup funds are
15   recovered, the funds are to be deposited to the
16   remedial account of the fund and used solely for the
17   purpose of future cleanup activities."
18     9.  Page 13, by inserting after line 8 the

Iowa General Assembly

Index: House Journal (76th General Assembly: Session 1)

© 1995 Cornell College and League of Women Voters of Iowa

Comments? hjourn@legis.iowa.gov.

Last update: Sun Jan 14 21:05:02 CST 1996
URL: /DOCS/GA/76GA/Session.1/HJournal/02100/02101.html
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