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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