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