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1 1 Section 1. NEW SECTION. 200.8A AGRICHEMICAL REMEDIATION
1 2 FEES.
1 3 A person licensed to sell or distribute commercial
1 4 fertilizers and soil conditioners who is required to pay an
1 5 inspection fee under section 200.8 shall pay an agrichemical
1 6 remediation fee as required pursuant to section 455L.7.
1 7 Sec. 2. NEW SECTION. 206.13A AGRICHEMICAL REMEDIATION
1 8 FEES.
1 9 A person required to register a pesticide for agricultural
1 10 or horticultural use in this state under section 206.12 shall
1 11 pay an agrichemical remediation fee as required pursuant to
1 12 section 455L.7.
1 13 Sec. 3. NEW SECTION. 455L.1 TITLE.
1 14 This section shall be known and may be cited as the "Iowa
1 15 Agrichemical Remediation Act".
1 16 Sec. 4. NEW SECTION. 455L.2 DEFINITIONS.
1 17 1. "Action level" means the level of contamination that
1 18 causes a risk of adverse health effects based on sources
1 19 determined to be credible by the department, including the
1 20 United States environmental protection agency or current
1 21 toxicological information.
1 22 2. "Active site cleanup" means treating, dispersing,
1 23 removing, or disposing of contamination located in soil or
1 24 water, including, but not limited to, excavating soil or,
1 25 installing institutional or technological controls to protect
1 26 water quality.
1 27 3. "Agrichemical" means a fertilizer or pesticide.
1 28 4. "Background levels" mean concentrations of a
1 29 contaminant generally present in the environment in the
1 30 vicinity of a site or an affected area and not the result of
1 31 release.
1 32 5. "Board" means the agrichemical remediation
1 33 reimbursement board created under section 455L.3.
1 34 6. "Contaminated site" means a site where contamination
1 35 has been discovered.
2 1 7. "Contamination" means the presence of pesticide or
2 2 fertilizer in soil or groundwater at levels above levels that
2 3 would result from normal field application rates or above
2 4 background levels.
2 5 8. "Department" means the department of agriculture and
2 6 land stewardship.
2 7 9. "Fertilizer" means a fertilizer or soil conditioner as
2 8 defined in section 200.3.
2 9 10. "Fertilizer site" means a location where one or more
2 10 containers are used for the storage of fertilizer, if there is
2 11 one or more nonmobile containers at the location which have a
2 12 total capacity to hold more than five thousand gallons of
2 13 fertilizer.
2 14 11. "Fund" means the agrichemical remediation fund created
2 15 under section 455L.8.
2 16 12. "Passive cleanup" means the removal or treatment of a
2 17 contaminant in soil or water through management practices or
2 18 the construction of barriers, trenches, and other similar
2 19 facilities for prevention of contamination, as well as the use
2 20 of natural processes such as groundwater recharge, natural
2 21 decay, and chemical or biological decomposition.
2 22 13. "Pesticide" means a pesticide as defined in section
2 23 206.2.
2 24 14. "Pesticide site" means a location where one or more
2 25 containers are used for the storage and mixing of pesticides,
2 26 if all of the following apply:
2 27 a. The location is a site used for the storage and
2 28 distribution of pesticides.
2 29 b. Pesticides are at the location thirty or more
2 30 consecutive days.
2 31 c. Three hundred or more gallons of liquid pesticides or
2 32 three hundred or more pounds of dry pesticides are mixed,
2 33 repackaged, or transferred from one container to another
2 34 container within thirty consecutive days.
2 35 15. "Prohibited release" means spilling, leaking, pumping,
3 1 pouring, emitting, emptying, discharging, injecting, escaping,
3 2 leaching, dumping, or disposing an agrichemical into the
3 3 environment from a site, if the spill, emission, or discharge
3 4 is in an amount or manner that causes contamination.
3 5 16. "Protected groundwater source" means a saturated bed,
3 6 formation, or group of formations which has a hydraulic
3 7 conductivity of at least forty-four-hundredths meters per day
3 8 and a total dissolved solids concentration of less than two
3 9 thousand five hundred milligrams per liter.
3 10 17. "Remediation" means a process used to protect the
3 11 public health and the safety or the environment from
3 12 contamination, including by doing all of the following:
3 13 a. Controlling, containing, or stabilizing the effects
3 14 caused by a prohibited release.
3 15 b. Investigating, identifying, or analyzing a contaminant
3 16 or a contamination source; collecting samples, including soil
3 17 and water samples; assessing the condition of a site;
3 18 monitoring a contaminated site; providing for structural
3 19 testing; or providing for engineering services.
3 20 c. Providing for site cleanup.
3 21 18. a. "Responsible person" means a person who is legally
3 22 liable for the contamination or who is legally responsible for
3 23 abating contamination under any applicable law, including
3 24 chapters 455B and 455E, and the common law. This may include
3 25 a person causing, allowing, or otherwise participating in the
3 26 activities or events which cause the contamination, persons
3 27 who have failed to conduct their activities so as to prevent
3 28 the release of contaminants into groundwater, responsible
3 29 persons who are obligated to abate a condition, or persons
3 30 responsible for or successor to such persons.
3 31 b. "Responsible person" does not include a person who
3 32 caused contamination by acting in a manner unauthorized by the
3 33 responsible person of the site or the pesticide or fertilizer,
3 34 including a person who trespasses upon the site.
3 35 19. "Site" means a fertilizer site or a pesticide site.
4 1 20. "Site cleanup" means measures used to contain, reduce,
4 2 or eliminate contamination present at a site including by
4 3 using active site cleanup or passive site cleanup measures, or
4 4 complying with a correction action required or recommended by
4 5 the department of natural resources or the United States
4 6 environmental protection agency.
4 7 Sec. 5. NEW SECTION. 455L.3 AGRICHEMICAL REMEDIATION
4 8 BOARD.
4 9 1. An agrichemical remediation board is established within
4 10 the department consisting of seven members.
4 11 2. The members shall include all of the following:
4 12 a. Five voting members appointed by the secretary of
4 13 agriculture. The members shall include all of the following:
4 14 (1) One member who is actively engaged in selling
4 15 agricultural products on a retail basis, or who represents an
4 16 association of members actively engaged in selling such
4 17 products.
4 18 (2) One member who is actively engaged in producing an
4 19 agricultural commodity or who represents an association of
4 20 producers of an agricultural commodity.
4 21 (3) One member who is actively engaged in the distribution
4 22 of agrichemicals or who is a representative of an association
4 23 of members actively engaged in the distribution of
4 24 agrichemicals.
4 25 (4) One person who is actively engaged in the manufacture
4 26 or distribution of fertilizers or who is a representative of
4 27 an association of members actively engaged in the manufacture
4 28 or distribution of fertilizers.
4 29 (5) One person who is a pesticide registrant actively
4 30 engaged in the manufacture and distribution of pesticides as
4 31 provided in section 206.12 or who represents an association of
4 32 members licensed as pesticide registrants.
4 33 b. The following two members who shall be ex officio
4 34 nonvoting members of the board:
4 35 (1) The secretary of agriculture or the secretary's
5 1 designee.
5 2 (2) The director of the department of natural resources or
5 3 the director's designee.
5 4 3. a. The five voting members are subject to confirmation
5 5 by the senate pursuant to section 2.32.
5 6 b. The voting members shall serve terms of three years
5 7 beginning and ending as provided in section 69.19. However,
5 8 the secretary shall appoint initial members to serve for less
5 9 than three years to ensure members serve staggered terms.
5 10 Appointments to the board shall be based upon the training,
5 11 experience and capacity of the appointees, and not upon
5 12 political considerations, other than as provided in sections
5 13 69.16 and 69.16A.
5 14 c. A vacancy on the board shall be filled in the same
5 15 manner as an original appointment. A person appointed to fill
5 16 a vacancy shall serve only for the unexpired portion of the
5 17 term. An appointed member is eligible for reappointment.
5 18 d. An appointed member may be removed from office by the
5 19 secretary for misfeasance, malfeasance, willful neglect of
5 20 duty, or other just cause, after notice and hearing, unless
5 21 the notice and hearing is expressly waived in writing.
5 22 5. The appointed members shall receive a per diem as
5 23 specified in section 7E.6 for each day spent in performance of
5 24 duties as members, and shall be reimbursed for all actual and
5 25 necessary expenses incurred in the performance of duties as
5 26 members.
5 27 6. The board shall elect a chairperson each year. The
5 28 board shall meet on a regular basis and at the call of the
5 29 chairperson or upon the written request to the chairperson of
5 30 two or more members.
5 31 7. The department shall staff the board.
5 32 Sec. 6. NEW SECTION. 455L.4 BOARD POWERS AND DUTIES.
5 33 The board shall have all powers necessary to carry out the
5 34 functions and duties specified for the board as provided in
5 35 this chapter. The board shall do all of the following:
6 1 1. Review and determine the eligibility of responsible
6 2 persons under section 455L.9 and claims under section 455L.10,
6 3 and approve administrative costs of the department paid from
6 4 the fund.
6 5 2. Consult with the department regarding remediation
6 6 standards adopted by the department pursuant to section
6 7 455L.5.
6 8 3. Approve rules proposed by the department for the
6 9 administration of this chapter. The rules of the department
6 10 shall contain the rules of the board adopted for its
6 11 organization, procedures, programs, and requirements as
6 12 required in this chapter. The rules shall provide for all of
6 13 the following:
6 14 a. The board's organization and parliamentary procedures.
6 15 b. Standards for remediation as provided in section
6 16 455L.5.
6 17 c. The administration of agrichemical remediation fees as
6 18 provided in section 455L.7.
6 19 d. Procedures for paying claims as provided in section
6 20 455L.10.
6 21 Sec. 7. NEW SECTION. 455L.5 REMEDIATION STANDARDS.
6 22 l. The department shall establish remediation standards
6 23 after consultation with the board. The standards must provide
6 24 for the protection of the public health and safety and the
6 25 environment.
6 26 2. In establishing these standards, all of the following
6 27 shall be considered:
6 28 a. Separate standards shall be established for
6 29 contaminants in soil, in groundwater which is a protected
6 30 groundwater source, and in groundwater which is not a
6 31 protected groundwater source.
6 32 b. In groundwater which is a protected groundwater source,
6 33 the standards shall be no more protective than the least
6 34 restrictive of the maximum contaminant levels established
6 35 pursuant to the department of natural resources' drinking
7 1 water standards, a standard reflecting an increased cancer
7 2 risk of one in one million, or a standard reflecting a
7 3 noncancer health risk of one. An affected area shall not be
7 4 required to be cleaned up to concentration levels below or
7 5 more restrictive than background levels.
7 6 c. In groundwater which is not a protected groundwater
7 7 source, the standards shall be no more protective than the
7 8 least restrictive of a standard reflecting an increased cancer
7 9 risk of one in ten thousand or a standard reflecting a
7 10 noncancer health risk of one. An affected area shall not be
7 11 required to be cleaned up to levels below or more restrictive
7 12 than background levels.
7 13 d. In soil, the standards shall be no more protective than
7 14 the least restrictive of a standard reflecting an increased
7 15 cancer risk of one in one million or a standard reflecting a
7 16 noncancer health risk of one. An affected area shall not be
7 17 required to be cleaned up to concentration levels below or
7 18 more restrictive than background levels.
7 19 Sec. 8. NEW SECTION. 455L.6 PRIORITIZATION.
7 20 1. The board shall adopt rules to establish criteria for
7 21 the classification and prioritization of sites upon which
7 22 contamination has been discovered.
7 23 2. A contaminated site shall be classified as either high,
7 24 medium, or low priority.
7 25 a. A site shall be considered high priority under any of
7 26 the following conditions:
7 27 (1) Groundwater contamination exceeds action levels and is
7 28 affecting or likely to affect groundwater used as a drinking
7 29 water source.
7 30 (2) Contamination is affecting or likely to affect surface
7 31 water bodies to a level which exceeds surface water quality
7 32 standards under section 455B.173.
7 33 (3) Contamination is discovered in an ecologically
7 34 sensitive area. An ecologically sensitive area is one which
7 35 is designated by the department.
8 1 b. A site shall be considered medium priority if
8 2 contamination of groundwater exceeds action levels, but does
8 3 not meet the criteria for classification as a high priority
8 4 site.
8 5 c. A site shall be considered low priority under any of
8 6 the following conditions:
8 7 (1) If soil contamination exists at the site, but no
8 8 groundwater contamination exists at the site.
8 9 (2) If soil contamination exists and groundwater
8 10 contamination has been discovered, but is below action levels.
8 11 3. A site shall be reclassified as a site with a higher or
8 12 lower classification when the site falls within a higher or
8 13 lower classification as established under this section.
8 14 4. This section is applicable to all sites upon which
8 15 contamination has been discovered, unless corrective action on
8 16 a site has already been approved by the department and
8 17 implemented.
8 18 5. An initial plan of remediation shall be developed by
8 19 the responsible person and approved by the department for each
8 20 site upon which contamination has been discovered. The plan
8 21 of remediation shall include all of the following:
8 22 a. A determination as to the extent of the existing soil,
8 23 groundwater, or surface water contamination.
8 24 b. The proximity of the contamination and the likelihood
8 25 that the contamination will affect a drinking water well.
8 26 c. The characteristics of the site and the potential for
8 27 migration of the contamination.
8 28 d. A recommendation as to whether the site should be
8 29 classified as a high, medium, or low priority site.
8 30 e. If a site is classified as a high or medium priority
8 31 site, further investigation shall be conducted to determine
8 32 the extent of the remediation which should be conducted on the
8 33 site.
8 34 6. The corrective action response shall be administered as
8 35 follows:
9 1 a. For a high priority site, soils and groundwater
9 2 remediation shall include active remediation where technically
9 3 feasible, until such time as the groundwater contamination
9 4 levels are below action levels.
9 5 b. For a medium priority site, the remediation shall
9 6 include either monitoring or active or passive remediation as
9 7 determined by the department on a site-by-site basis upon
9 8 considering the findings of the plan of remediation. However,
9 9 the remediation shall at least be the same remediation
9 10 required if the site were classified as a low priority site.
9 11 c. For a low priority site, the remediation shall include
9 12 active soil remediation, if remediation would be more
9 13 practical and cost-effective than monitoring. If active soil
9 14 remediation is undertaken, no further action shall be required
9 15 on the site. If active soil remediation is not undertaken,
9 16 the site shall be monitored, for a specified period of time as
9 17 determined by the department.
9 18 7. Contaminated groundwater and soil shall be applied on
9 19 land in accordance with rules adopted by the department. The
9 20 application rate shall not exceed a level which precludes the
9 21 resumption of normal farming practices within a two-year
9 22 period.
9 23 8. This section does not affect the ability of the
9 24 department or the United States environmental protection
9 25 agency to require monitoring or remediation on sites that are
9 26 placed on the national priorities list pursuant to the federal
9 27 Comprehensive Environmental Response, Compensation and
9 28 Liability Act.
9 29 Sec. 9. NEW SECTION. 455L.7 AGRICHEMICAL REMEDIATION
9 30 FEES.
9 31 1. The department shall establish an agrichemical
9 32 remediation fee. The department shall set the fee as follows:
9 33 a. A person required to register a pesticide for
9 34 agricultural or horticultural use in this state shall pay an
9 35 agrichemical remediation fee. The fee shall be paid and
10 1 collected in the same manner as a fee provided pursuant to
10 2 section 206.12.
10 3 (1) For registrants required to pay the minimum fee under
10 4 section 206.12, the agrichemical remediation fee shall not
10 5 exceed fifteen dollars.
10 6 (2) For registrants who are required to pay more than the
10 7 minimum fee but less than the maximum fee under section
10 8 206.12, the agrichemical remediation fee shall not exceed
10 9 three hundred fifty dollars.
10 10 (3) For registrants who are required to pay the maximum
10 11 fee under section 206.12, the agrichemical remediation fee
10 12 shall not exceed five thousand dollars.
10 13 b. A person licensed to sell or distribute commercial
10 14 fertilizers and soil conditioners who is required to pay an
10 15 inspection fee under section 200.8 shall pay an agrichemical
10 16 remediation fee. The fee shall be paid and collected in the
10 17 same manner as a fee provided pursuant to section 200.8. The
10 18 amount of the fee shall not be more than seventeen cents per
10 19 ton of fertilizers and soil conditioners.
10 20 2. a. Each year the department shall adjust the
10 21 agrichemical remediation fees necessary to ensure that the
10 22 unobligated and unencumbered balance of the fund, less any
10 23 pending or unsettled claims, at the end of the following year
10 24 is more than two million dollars but not more than six million
10 25 dollars. The department shall make any adjustments in the
10 26 fees by rule adopted pursuant to chapter 17A.
10 27 b. The board shall recommend to the department any
10 28 adjustments in the agrichemical fees that are necessary to
10 29 maintain the fund within the limits established under this
10 30 subsection. During its review, the board shall determine the
10 31 unobligated and unencumbered balance of the fund and the
10 32 expected debits of and credits to the fund for the following
10 33 year in which an agrichemical remediation fee is to be paid
10 34 pursuant to this section, including the amount of fees
10 35 expected to be collected during the following year and any
11 1 expected, pending, or unsettled claims. The board shall make
11 2 its recommendations at least thirty days before the
11 3 adjustments to the fees become effective. Adjustments in the
11 4 fees shall become effective for the next filing of a statement
11 5 for commercial fertilizers or soil conditioners as provided in
11 6 section 200.8 and the next registration of pesticides as
11 7 provided in section 206.12.
11 8 3. If, at the end of any three-month period, the
11 9 unobligated or unencumbered balance of the fund exceeds nine
11 10 million dollars, less any pending or unsettled claims, the
11 11 department, after consultation with the board, shall waive the
11 12 fees which shall not be assessable or owing. The department
11 13 after consultation with the board shall reinstate the fees if
11 14 the unobligated or unencumbered balance of the fund, less any
11 15 pending or unsettled claims, is two million dollars or less.
11 16 Sec. 10. NEW SECTION. 455L.8 AGRICHEMICAL REMEDIATION
11 17 FUND.
11 18 1. An agrichemical remediation fund is created within the
11 19 state treasury under the control of the department.
11 20 2. The fund shall consist of any moneys appropriated by
11 21 the general assembly for placement in the fund, and moneys
11 22 available to and obtained or accepted by the department from
11 23 the federal government or private sources for placement in the
11 24 fund.
11 25 3. The fund shall be used exclusively to support
11 26 agrichemical remediation as provided in this chapter,
11 27 including the payment of claims under section 455L.10 and the
11 28 administration of this chapter by the board and the
11 29 department.
11 30 4. The treasurer of state shall act as custodian of the
11 31 fund and disburse amounts contained in the fund as directed by
11 32 the department, in consultation with the board. The treasurer
11 33 of state is authorized to invest the moneys deposited in the
11 34 fund. The income from such investment shall be credited to
11 35 and deposited in the fund. Notwithstanding section 8.33,
12 1 moneys in the fund are not subject to reversion to the general
12 2 fund of the state. The fund shall be administered by the
12 3 department which shall make expenditures from the fund
12 4 consistent with the purposes set out in this chapter. The
12 5 moneys in the fund shall be disbursed upon warrants drawn by
12 6 the director of revenue and finance pursuant to the order of
12 7 the department. The finances of the fund shall be calculated
12 8 on an accrual basis in accordance with generally accepted
12 9 accounting principles. The auditor of state shall regularly
12 10 perform audits of the fund.
12 11 Sec. 11. NEW SECTION. 455L.9 ELIGIBILITY OF RESPONSIBLE
12 12 PERSONS.
12 13 1. A responsible person is eligible to submit a claim to
12 14 the board for reimbursement from the fund, if the board
12 15 determines that all of the following apply:
12 16 a. The responsible person is not subject to any of the
12 17 following:
12 18 (1) A pending criminal adjudication against the
12 19 responsible person relating to the contamination.
12 20 (2) Criminal sanctions imposed against the responsible
12 21 person relating to the contamination.
12 22 b. Any of the following:
12 23 (1) The responsible person performed reasonable measures
12 24 necessary for the immediate abatement of any prohibited
12 25 release.
12 26 (2) The responsible person has complied or is in the
12 27 process of complying in a timely manner with orders issued by
12 28 the state or federal government for remediation of the
12 29 contaminated site.
12 30 2. Unless the department has cause to believe that the
12 31 responsible person is not eligible, the department shall
12 32 provide a statement to the responsible person upon request.
12 33 The statement shall be printed on forms prescribed by the
12 34 board. The statement shall verify that to the extent of the
12 35 department's knowledge, the responsible person is eligible
13 1 under this section. The board may use the statement as
13 2 evidence of eligibility. The board shall provide the
13 3 statement with any weight determined appropriate by the board.
13 4 3. The state, a state agency, a political subdivision of
13 5 the state, or federal government, or an agency of the federal
13 6 government, is not eligible to submit a claim to the board for
13 7 reimbursement from the fund.
13 8 4. A responsible person shall not be eligible to receive a
13 9 payment from the fund, unless the responsible person submits a
13 10 remediation plan to the department which is approved by the
13 11 board. The plan shall provide procedures for a remediation of
13 12 the contaminated site, a schedule for providing for the
13 13 remediation of the site, or the installation of passive site
13 14 cleanup.
13 15 Sec. 12. NEW SECTION. 455L.10 PAYMENT OF CLAIMS.
13 16 1. The board shall approve a claim against the fund to pay
13 17 for remediation of a contaminated site, if all of the
13 18 following apply:
13 19 a. The claim is made in a manner and according to
13 20 procedures established by the board.
13 21 b. The person filing the claim is a responsible person
13 22 eligible under section 455L.9.
13 23 c. The claim includes all of the following:
13 24 (1) Evidence of the contamination, including affidavits of
13 25 experts, photographs, or documentation by federal or state
13 26 agencies including the department of natural resources.
13 27 (2) The total amount required to pay for all costs related
13 28 to remediating the site as performed by a qualified person
13 29 according to a business invoice. The business invoice shall
13 30 be accompanied by supporting evidence.
13 31 (3) Information about any insurance policy required to
13 32 indemnify the responsible person for costs associated with
13 33 remediating the contaminated site, including a copy of the
13 34 policy.
13 35 (4) The site has been remediated according to a plan of
14 1 remediation approved by the board as provided in section
14 2 455L.9.
14 3 (5) The claim is complete and accurate, and contains no
14 4 false or misleading statements.
14 5 (6) The approval by the department, in consultation with
14 6 the board, of a comprehensive plan by the responsible person
14 7 for the prevention of future contamination at the site.
14 8 d. The responsible person submits a remediation plan to
14 9 the department which is approved by the board.
14 10 2. If the board approves a claim, the board shall
14 11 reimburse the responsible person by doing any of the
14 12 following:
14 13 a. Providing for the immediate payment of a claim, if the
14 14 board determines that the contamination causes a clear,
14 15 present, and impending danger to the public health or the
14 16 natural environment.
14 17 b. Providing for the ordinary payment of a claim as
14 18 follows:
14 19 (1) The board may pay the amount of the claim based on a
14 20 final statement submitted by a responsible person. The
14 21 department, in consultation with the board, may establish
14 22 guidelines for reasonable and customary charges for specific
14 23 remediation procedures. Payment shall not exceed these
14 24 reasonable and customary charges without prior approval of the
14 25 board.
14 26 (2) Upon a determination that the claim is eligible for
14 27 payment, the department shall provide for payment of the claim
14 28 as provided in this subsection.
14 29 c. The amount of the claim shall be the total amount
14 30 required to remediate the site subject to all of the following
14 31 deductions:
14 32 (1) Five thousand dollars.
14 33 (2) The amount of any insurance payments owed to or
14 34 received by the responsible person for indemnification of
14 35 remediation costs. The amount of the insurance payments shall
15 1 be applied first to satisfy the five thousand dollar deduction
15 2 required in subparagraph (1).
15 3 (3) The amount of the claim shall not be more than two
15 4 hundred fifty thousand dollars to pay the costs of remediating
15 5 a contaminated site.
15 6 3. The board shall not provide payments from the fund
15 7 until the board determines that the claim is reasonable and
15 8 that the claimant has submitted all evidence necessary in
15 9 order to support the claim and any expenditure of moneys from
15 10 the fund. The board shall place conditions or requirements
15 11 upon the payment of moneys from the fund in order to ensure
15 12 that the moneys are used to provide remediation in compliance
15 13 with a remediation plan required pursuant to section 455L.9.
15 14 4. If at any time the department determines that there are
15 15 insufficient moneys in the fund to make payment of all claims,
15 16 the department shall pay claims according to the date that the
15 17 claims are received by the department. To the extent that a
15 18 claim cannot be fully satisfied, the department shall order
15 19 that the unpaid portion of the payment be deferred until the
15 20 claim can be satisfied. However, the department shall not
15 21 satisfy claims from moneys dedicated for the administration of
15 22 the fund.
15 23 5. The department shall have a claim on behalf of the fund
15 24 against any responsible person who files a claim in violation
15 25 of this chapter for the amount paid for remediation. The
15 26 responsible person shall be liable for damages. The moneys
15 27 collected by the department under this subsection shall be
15 28 deposited into the fund.
15 29 Sec. 13. NEW SECTION. 455L.11 REPORT.
15 30 The department in cooperation with the board shall submit a
15 31 report to the general assembly by January 10 of each odd-
15 32 numbered year. The report shall provide a summary and a
15 33 detailed accounting of the fund's financial condition,
15 34 including expected revenue and expenses during the following
15 35 two years.
16 1 Sec. 14. APPROPRIATION. There is appropriated from the
16 2 general fund of the state to the department of agriculture and
16 3 land stewardship for the fiscal year beginning July 1, 1999,
16 4 and ending June 30, 2000, the following amount, or so much
16 5 thereof as is necessary, to be used for the purposes
16 6 designated:
16 7 For deposit in the agrichemical remediation fund as created
16 8 pursuant to section 455L.8:
16 9 .................................................. $ 1,035,000
16 10 EXPLANATION
16 11 This bill creates a new Code chapter 455L which is referred
16 12 to as the "Iowa Agrichemical Remediation Act". The bill
16 13 provides for the remediation of sites where there has been
16 14 contamination because of a release of pesticides or
16 15 fertilizers. The bill establishes an agrichemical remediation
16 16 board within the department of agriculture and land
16 17 stewardship. The board includes a farmer, and persons
16 18 involved in the distribution and manufacture of fertilizers
16 19 and pesticides. The bill provides that the board has all the
16 20 powers and duties to carry out the functions and duties as
16 21 specified in the bill. The bill requires the department to
16 22 establish remediation standards after consultation with the
16 23 board. The standards must provide for the protection of the
16 24 public health and safety and the environment. The bill
16 25 requires that separate standards shall be established for
16 26 contaminants in soil, in groundwater which is a protected
16 27 groundwater source, and in groundwater which is not a
16 28 protected groundwater source.
16 29 The bill provides for the prioritization of sites for
16 30 cleanup. The bill's provision is based closely on Code
16 31 section 455B.601. The bill provides that a contaminated site
16 32 must be cleaned up based on a low, medium, or high priority
16 33 status. The bill requires a person to file a plan of
16 34 remediation with the board and institute remediation as
16 35 provided according to the site's priority.
17 1 The bill requires the department to establish an
17 2 agrichemical remediation fee. The fee is imposed in the same
17 3 way as the fee for registration of pesticides and the
17 4 inspection fee on fertilizers and soil conditioners. Under
17 5 the bill, a person required to register a pesticide for
17 6 agricultural or horticultural use must pay a fee. The bill
17 7 provides that a person licensed to sell or distribute
17 8 commercial fertilizers and soil conditioners who is required
17 9 to pay an inspection fee under Code section 200.8 must also
17 10 pay a fee. The bill establishes an agrichemical remediation
17 11 fund. The bill provides that the fund must be used
17 12 exclusively to support agrichemical remediation, including the
17 13 payment of claims and the administration of this chapter by
17 14 the board and the department.
17 15 The bill provides for the payment of claims to eligible
17 16 persons. A person is eligible, if the person is not subject
17 17 to criminal charges, the person performed reasonable measures
17 18 necessary for the immediate abatement of any prohibited
17 19 release, the person is complying with administrative orders,
17 20 and the person submits a remediation plan approved by the
17 21 board. The bill provides procedures for the payment of
17 22 claims, including emergency or ordinary payments. The bill
17 23 provides limits on the amount of reimbursement, including a
17 24 deductible. The bill provides that the amount of the claim
17 25 shall not be more than $250,000 to pay the costs of
17 26 remediating a contaminated site.
17 27 The bill requires the department in cooperation with the
17 28 board to submit a report to the general assembly by January 10
17 29 of each odd-numbered year.
17 30 The bill appropriates $1,035,000 from the general fund of
17 31 the state to the agrichemical remediation fund in order to
17 32 support remediation efforts.
17 33 LSB 1158SS 78
17 34 da/cf/24.1
Text: SF00298 Text: SF00300 Text: SF00200 - SF00299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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