Text: H09040 Text: H09042 Text: H09000 - H09099 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend the House amendment, S-5398, to Senate File 1 2 466, as amended, passed, and reprinted by the Senate, 1 3 as follows: 1 4 #1. Page 1, by inserting after line 2, the 1 5 following: 1 6 "# . Page 1, by striking lines 5 through 14, and 1 7 inserting the following: 1 8 " . "Action level" means the same as defined in 1 9 section 455B.602. 1 10 . "Active site cleanup" means the same as 1 11 defined in section 455B.602." 1 12 # . Page 1, by striking lines 16 through 19. 1 13 # . Page 1, by striking lines 22 through 27, and 1 14 inserting the following: 1 15 " . "Contaminated site" means the same as 1 16 defined in section 455B.602. 1 17 . "Contamination" means the same as defined in 1 18 section 455B.602." 1 19 # . Page 2, by striking lines 6 through 11, and 1 20 inserting the following: 1 21 " . "Passive site cleanup" means the same as 1 22 defined in section 455B.602." 1 23 # . By striking page 2, line 20 through page 3, 1 24 line 19, and inserting the following: 1 25 " . "Prohibited release" means the same as 1 26 defined in section 455B.602. 1 27 . "Remediation" means the same as defined in 1 28 section 455B.602. 1 29 . "Responsible person" means the same as 1 30 defined in section 455B.602." 1 31 # . Page 3, by striking lines 21 through 26." 1 32 #2. Page 1, line 7, by striking the word "members" 1 33 and inserting the following: "officials". 1 34 #3. Page 1, by inserting after line 26, the 1 35 following: 1 36 "# . Page 5, by striking lines 23 and 24. 1 37 # . Page 5, by striking line 32." 1 38 #4. Page 1, by striking lines 23 and 24 and 1 39 inserting the following: 1 40 "# . Page 5, by striking lines 19 through 22 and 1 41 inserting the following: "the fund. Of the moneys 1 42 appropriated from the fund under section 161.8, for 1 43 each fiscal year the department may expend at least 1 44 sixty-five thousand dollars for purposes of 1 45 administering this chapter, including the support of a 1 46 full-time equivalent position as defined in section 1 47 8.36A. However, if more than sixty-five thousand 1 48 dollars is required in order to administer this 1 49 chapter, the total amount which the department may 1 50 expend from the fund during any fiscal year for 2 1 administering this chapter shall not exceed five 2 2 percent of the balance of the fund on". 2 3 #5. Page 1, by striking lines 34 through 39, and 2 4 inserting the following: 2 5 "# . Page 6, by striking lines 3 through 34 and 2 6 inserting the following: 2 7 "Remediation conducted pursuant to a plan of 2 8 remediation incorporated within a remediation 2 9 agreement as required in section 161.9 shall be 2 10 performed according to standards adopted by the 2 11 department of natural resources pursuant to section 2 12 455B.601."" 2 13 #6. Page 1, by inserting before line 40 the 2 14 following: 2 15 "# . Page 7, line 3, by inserting after the word 2 16 "discovered" the following: ", subject to a plan for 2 17 remediation as provided in section 161.9". 2 18 # . By striking page 7, line 29, through page 8, 2 19 line 15, and inserting the following: "lower 2 20 classification, as provided in a plan for remediation 2 21 pursuant to section 161.9. 2 22 . The remediation of a site classified under 2 23 this section shall be administered as". 2 24 # . Page 8, line 18, by striking the word 2 25 "remediation" and inserting the following: "site 2 26 cleanup". 2 27 # . Page 8, line 22, by striking the word 2 28 "remediation" and inserting the following: "site 2 29 cleanup". 2 30 # . Page 8, by striking line 28, and inserting 2 31 the following: "active site cleanup, if the site 2 32 cleanup would be more". 2 33 # . Page 8, lines 29 and 30, by striking the 2 34 words "soil remediation" and inserting the following: 2 35 "site cleanup for soil". 2 36 # . Page 8, line 31, by striking the word "soil 2 37 remediation" and inserting the following: "site 2 38 cleanup for soil". 2 39 # . Page 9, line 4, by striking the word 2 40 "section" and inserting the following: "chapter"." 2 41 #7. Page 3, by inserting after line 36, the 2 42 following: 2 43 "# . Page 16, by striking line 2, and inserting 2 44 the following: 2 45 "Sec. . Section 455B.601, subsection 1, 2 46 paragraph a, Code 1999, is amended by striking the 2 47 paragraph. 2 48 Sec. . Section 455B.601, subsection 1, 2 49 paragraph d, Code 1999, is amended to read as follows: 2 50 d.The corrective action response requirementsA 3 1 responsible person shall remediate a contaminated site 3 2 according to standards established by rules adopted 3 3 pursuant to chapter 17A. Remediation for high, 3 4 medium, or low priority sites shall be administered in 3 5 accordance with the following: 3 6 (1) Soils and groundwaters on a high priority site 3 7 shall beactively remediatedsubject to active 3 8 cleanup, where technically feasible, until such time 3 9 as the groundwater contamination levels are below 3 10 action levels. 3 11 (2) Remediation on a medium priority site shall 3 12 include either monitoring or active or passive 3 13remediation and shall besite cleanup as determined by 3 14 the department on a site-by-site basis based upon the 3 15 findings of the site plan. Remediation on a medium 3 16 priority site shall include at least that which would 3 17 be required on a low priority site. 3 18 (3) (a) Active site cleanup for soilremediation3 19 shall be required on a low priority site if 3 20 remediation would be more practical and cost-effective 3 21 than monitoring. 3 22 (b) If active site cleanup for soilremediationon 3 23 a low priority site is undertaken, no further action 3 24 shall be required on the site. 3 25 (c) If activesoilsite remediation for soil is 3 26 not undertaken on a low priority site,athe site 3 27 shall be monitored, for a specified period of time as 3 28 determined by the department. 3 29 Sec. . Section 455B.601, subsection 2, Code 3 30 1999, is amended to read as follows: 3 31 2. This section is applicable toall sitesa site 3 32 upon which contamination has been discovered, unless 3 33corrective actionone of the following applies: 3 34 a. Remediation onathe site has already been 3 35 approved by the department and implemented. 3 36 b. A responsible person has executed a remediation 3 37 agreement with the remediation reimbursement board and 3 38 the responsible person is remediating or has 3 39 remediated the site pursuant to a plan of remediation 3 40 as provided in chapter 161. 3 41 Sec. . NEW SECTION. 455B.602 DEFINITIONS. 3 42 As used in this division: 3 43 1. "Action level" means action level as provided 3 44 in 567 IAC ch. 133 or 137. 3 45 2. "Active site cleanup" means treating, 3 46 dispersing, removing, or disposing of contamination 3 47 located in soil or water, including, but not limited 3 48 to, excavating soil or installing institutional or 3 49 technological controls to water quality. 3 50 3. "Background levels" means concentrations of a 4 1 contaminant generally present in the environment in 4 2 the vicinity of a site or an affected area and not the 4 3 result of release. 4 4 4. "Contaminated site" means a site upon which 4 5 contamination has been discovered. 4 6 5. "Contamination" means the presence of one or 4 7 more pesticides, as defined in section 206.2, or the 4 8 presence of fertilizer, as defined in section 200.3, 4 9 in soil or groundwater at levels above those that 4 10 would result at normal field application rates or 4 11 above background levels. 4 12 6. "Passive site cleanup" means the removal or 4 13 treatment of a contaminant in soil or water through 4 14 management practices or the construction of barriers, 4 15 trenches, and other similar facilities for prevention 4 16 of contamination, as well as the use of natural 4 17 processes such as groundwater recharge, natural decay, 4 18 and chemical or biological decomposition. 4 19 7. "Remediation" means a process used to protect 4 20 the public health and safety or the environment from 4 21 contamination, including by doing all of the 4 22 following: 4 23 a. Controlling, containing, or stabilizing the 4 24 effects caused by a prohibited release. 4 25 b. Investigating, identifying, or analyzing a 4 26 contaminant or a contamination source; collecting 4 27 samples, including soil and water samples; assessing 4 28 the condition of a site; monitoring a contaminated 4 29 site; providing for structural testing; or providing 4 30 for engineering services. 4 31 c. Providing for site cleanup. 4 32 8. a. "Responsible person" means a person who is 4 33 legally liable for the contamination or who is legally 4 34 responsible for abating contamination under any 4 35 applicable law, including chapters 455B and 455E, and 4 36 the common law. This may include a person causing, 4 37 allowing, or otherwise participating in the activities 4 38 or events which cause the contamination, persons who 4 39 have failed to conduct their activities so as to 4 40 prevent the release of contaminants into groundwater, 4 41 persons who are obligated to abate a condition, or 4 42 persons responsible for or a successor to such 4 43 persons. 4 44 b. "Responsible person" does not include a person 4 45 who caused contamination by acting in a manner 4 46 unauthorized by the owner of the pesticide or 4 47 fertilizer, including a person who trespasses upon a 4 48 site. 4 49 9. "Site cleanup" means measures used to contain, 4 50 reduce, or eliminate contamination present at a site 5 1 including by using active site cleanup or passive site 5 2 cleanup measures, or complying with a correction 5 3 action required or recommended by the department of 5 4 natural resources or the United States environmental 5 5 protection agency."" 5 6 #8. Page 3, by striking lines 43 and 44, and 5 7 inserting the following: 5 8 "# . Title page, by striking lines 2 and 3, and 5 9 inserting the following: "and establishing a fund."" 5 10 #9. By renumbering as necessary. 5 11 SF 466S 5 12 da/cc/26
Text: H09040 Text: H09042 Text: H09000 - H09099 Text: H Index Bills and Amendments: General Index Bill History: General Index
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