Text: H08856                            Text: H08858
Text: H08800 - H08899                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index



House Amendment 8857

Amendment Text

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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