Text: H08856 Text: H08858 Text: H08800 - H08899 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Amend the amendment, H-8261, to Senate File 466, as
1 2 amended, passed, and reprinted by the Senate, as
1 3 follows:
1 4 #1. Page 1, by striking lines 3 through 33, and
1 5 inserting the following:
1 6 "# . Page 3, line 30, by striking the word
1 7 "eight" and inserting the following: "seven voting".
1 8 # . Page 3, by striking lines 32 and 33, and
1 9 inserting the following:
1 10 " . Two public members who shall include the
1 11 following:
1 12 ( ) The secretary of agriculture or the
1 13 secretary's designee.
1 14 ( ) The director of the department of natural
1 15 resources, or the director's designee."
1 16 # . Page 3, line 34, by striking the words "Six
1 17 voting" and inserting the following: "Five".
1 18 # . Page 4, line 5, by striking the words "Two
1 19 members who are" and inserting the following: "One
1 20 member who is".
1 21 # . Page 4, by striking lines 19 and 20.
1 22 # . Page 5, by inserting after line 15, the
1 23 following:
1 24 " . Execute remediation agreements with eligible
1 25 persons as provided in section 161.9."
1 26 # . Page 5, by striking lines 20 through 22, and
1 27 inserting the following: "five percent of the fund on
1 28 the day of the year of its greatest balance or one
1 29 hundred fifty thousand dollars, whichever is less."
1 30 # . Page 5, by striking lines 33 and 34.
1 31 # . Page 6, by inserting after line 1, the
1 32 following:
1 33 " . Approve any contract with a person for
1 34 assuring that remediation is performed in accordance
1 35 with the provisions of a remediation agreement as
1 36 provided in section 161.9."
1 37 # . Page 6, line 7, by inserting before the word
1 38 "In" the following: "The department shall establish
1 39 standards based, to every degree practicable, on rules
1 40 adopted by the department of natural resources
1 41 required to clean up sites from contamination under
1 42 chapter 455H."
1 43 # . By striking page 9, line 10 through page 10,
1 44 line 32.
1 45 # . Page 11, by striking line 7, and inserting
1 46 the following:
1 47 " . Moneys in the fund are appropriated
1 48 exclusively to support".
1 49 # . Page 11, by striking lines 28 through 31,
1 50 and inserting the following:
2 1 "Sec. NEW SECTION. 161.9 REMEDIATION
2 2 AGREEMENT.
2 3 1. A person is not required to comply with the
2 4 requirements of this chapter, including the
2 5 remediation of a site, unless the person is a
2 6 responsible person who executes a remediation
2 7 agreement with the board, as provided in this section.
2 8 The remediation agreement shall provide for all of the
2 9 following:
2 10 a. The terms and conditions required to perform
2 11 remediation under a plan of remediation as provided in
2 12 this section, and the payment of claims as provided in
2 13 section 161.10.
2 14 b. A plan for remediation of a site where
2 15 contamination has been discovered. The plan shall
2 16 provide procedures for a remediation of the
2 17 contaminated site, a schedule for providing for the
2 18 remediation of the site according to remediation
2 19 standards provided in section 161.5, and the
2 20 classification and prioritization of sites as provided
2 21 in section 161.6. The plan may be amended at any
2 22 time, if approved by the department, if the amendment
2 23 to the agreement is executed by the responsible person
2 24 and the board. The plan shall be developed by the
2 25 responsible person and approved by the department for
2 26 each site subject to the agreement. The plan shall
2 27 include all of the following:
2 28 (1) A determination as to the extent of the
2 29 existing soil, groundwater, or surface water
2 30 contamination.
2 31 (2) The proximity of the contamination and the
2 32 likelihood that the contamination will affect a
2 33 drinking water well.
2 34 (3) The characteristics of the site and the
2 35 potential for migration of the contamination.
2 36 (4) Whether the site is classified as a high,
2 37 medium, or low priority site, as provided in section
2 38 161.6.
2 39 The department may require that an initial plan of
2 40 remediation be submitted prior to execution of a
2 41 remediation agreement. The department may require
2 42 that the initial plan recommend whether a site be
2 43 classified as a high or medium priority site. The
2 44 department may require further investigation be
2 45 conducted to determine the extent of the remediation
2 46 which should be conducted on the site.
2 47 2. a. The department, upon approval of the board,
2 48 may contract with a person in order to do any of the
2 49 following:
2 50 (1) Consult with the department and the board in
3 1 reviewing a remediation agreement, including but not
3 2 limited to investigating a site or recommending
3 3 approval or denial of a plan for remediation.
3 4 (2) Ensure compliance with the plan for
3 5 remediation as provided in this section. The person
3 6 may be authorized to provide a statement to a
3 7 responsible person, stating that the person is
3 8 eligible for payment of a claim submitted from the
3 9 fund as provided in section 161.10.
3 10 b. The department may execute the contract with a
3 11 private individual or entity or a state and local
3 12 government as provided in chapter 28E.
3 13 3. a. A responsible person is eligible to execute
3 14 a remediation agreement under this section, if the
3 15 board".
3 16 # . Page 12, by striking lines 25 through 31.
3 17 # . Page 13, line 2, by striking the word
3 18 "established" and inserting the following: "contained
3 19 in a remediation agreement executed by the board and
3 20 the eligible person and rules adopted".
3 21 # . Page 13, line 3, by inserting after the
3 22 words "The person" the following: "who has executed a
3 23 remediation agreement with the board and is".
3 24 # . Page 13, line 18, by striking the word
3 25 "board" and inserting the following: "department".
3 26 # . Page 13, by striking lines 25 and 26.
3 27 # . Page 14, by inserting after line 10, the
3 28 following:
3 29 " . Withholding a portion of the payment as
3 30 provided in the remediation agreement, for final
3 31 payment when the department determines that the site
3 32 has been monitored for a period necessary to ensure
3 33 that remediation has been successful."
3 34 # . By striking page 15, line 25 through page
3 35 16, line 1.
3 36 # . Page 16, line 4, by striking the figure
3 37 "1999" and inserting the following: "2000".
3 38 # . Page 16, line 5, by striking the figure
3 39 "2000" and inserting the following: "2001".
3 40 # . Page 16, line 10, by striking the figure
3 41 "1999" and inserting the following: "2000".
3 42 # . Title page, line 2, by striking the words
3 43 "providing for fees,"."
3 44
3 45
3 46
3 47 KLEMME of Plymouth
3 48 SF 466.202 78
3 49 da/gg
Text: H08856 Text: H08858 Text: H08800 - H08899 Text: H Index Bills and Amendments: General Index Bill History: General Index
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