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House Journal: Page 1501: Monday, April 13, 1998

39   work.
40     b.  Obtain a lower fixed amount bid for the work
41   from another qualified person, other than a
42   governmental entity, and pay the amount of the claim
43   required in this section, based on the fixed amount in
44   this bid upon completion of the work.  The department
45   is not required to comply with section 18.6 in
46   implementing this section.
47     2A.  If a county provides cleanup of a condition
48   causing a clear, present, and impending danger to the
49   public health or environment, as provided in section
50   204.5, the county may make a claim against the fund to

Page   5

 1   pay cleanup costs incurred by the county, according to
 2   procedures and requirements established by rules
 3   adopted by the department.  The department shall
 4   determine if a claim is eligible to be satisfied under
 5   this subsection, and pay the amount of the claim
 6   required in this section.
 7     Sec. 7.  NEW SECTION.  204.4A  USE OF FUND FOR
 8   EMERGENCY CLEANUP.
 9     If the department provides cleanup of a condition
10   caused by a confinement feeding operation as provided
11   in section 204.5, the department may use moneys in the
12   fund for purposes of supporting the cleanup.  The
13   department shall reimburse the fund from moneys
14   recovered by the department as reimbursement for the
15   cleanup as provided in section 204.5.
16     Sec. 8.  Section 204.5, Code 1997, is amended to
17   read as follows:
18     204.5  SITE CLEANUP.
19     1.  a.  A county which that has acquired real
20   estate containing on which there is located a
21   confinement feeding operation structure, as defined in
22   section 455B.161, following the nonpayment of taxes
23   pursuant to section 446.19, may clean up the site
24   provide for cleanup, including removing and disposing
25   of manure at any time, remediating contamination which
26   originates from the confinement feeding operation, or
27   demolishing and disposing of structures relating to
28   the confinement feeding operation.  The county may
29   seek reimbursement including by bringing an action for
30   the costs of the removal and disposal cleanup from
the
31   person abandoning the real estate.
32     b.  If the confinement feeding operation has caused
33   a clear, present, and impending danger to the public
34   health or the environment, the department may clean up
35   the confinement feeding operation and remediate
36   contamination which originates from the confinement
37   feeding operation, pursuant to sections 455B.381
38   through 455B.399.  If the department fails to commence

© 1998 Cornell College and League of Women Voters of Iowa

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