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House Journal: Page 2127: Monday, May 1, 1995

IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that House File 572 be immediately messaged to the Senate.
SENATE AMENDMENTS CONSIDERED
Gipp of Winneshiek called up for consideration House File 508, a
bill for an act relating to underground storage tanks by
increasing the environmental protection charge, providing for
the use of risk-based corrective action standards, expanding
property transfer insurance and loan guarantees, extending the
compliance date for upgrade requirements, relating to cost
recovery, creating marketability and innocent landowner funds
and providing benefits, requiring certification of groundwater
professionals and creating a penalty, requiring a study, and
providing for repeals, and implementation, effective date, and
retroactive applicability provisions, amended by the Senate
amendment H-4177 as follows:
H-4177
 1     Amend House File 508, as amended, passed, and
 2   reprinted by the House, as follows:
 3     1.  Page 2, by striking lines 5 through 16 and
 4   inserting the following:
 5     "2.  "Corrective action" means an action taken to
 6   reduce, minimize, eliminate, clean up, control, or
 7   monitor a release to protect the public health and
 8   safety or the environment.  Corrective action includes
 9   both passive and active systems:
10     a.  Passive systems include only soil monitoring,
11   groundwater monitoring, natural attenuation, natural
12   biodegradation, and site management practices.  A
13   passive system must be conducted under the direction
14   of a registered groundwater professional.
15     b.  Active systems include, but are not limited to,
16   excavation of an underground storage tank for purposes
17   of repairing a leak or removal of a tank, removal of
18   contaminated soil, disposal or processing of
19   contaminated soil, cleansing of groundwaters or
20   surface waters, enhanced bioremediation, and
21   institutional controls.  An active system must be
22   conducted under the direction of a professional
23   engineer registered under chapter 542B.
24     Corrective action does not include replacement of
25   an underground storage tank.  Corrective action
26   specifically excludes third-party liability."
27     2.  Page 8, by inserting after line 7 the
28   following:
29     "Sec. ___.  Section 455G.9, subsection 4, paragraph
30   a, Code 1995, is amended to read as follows:
31     a.  An owner or operator who reports a release to

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