Text: S05397                            Text: S05399
Text: S05300 - S05399                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index



Senate Amendment 5398

Amendment Text

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

Text: S05397                            Text: S05399
Text: S05300 - S05399                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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