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Senate File 466

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  NEW SECTION.  161.1  TITLE.
  1  2    This section shall be known and may be cited as the "Iowa
  1  3 Agrichemical Remediation Act".
  1  4    Sec. 2.  NEW SECTION.  161.2  DEFINITIONS.
  1  5    1.  "Action level" means the same as defined in section
  1  6 455B.602.
  1  7    2.  "Active site cleanup" means the same as defined in
  1  8 section 455B.602.
  1  9    3.  "Agrichemical" means a fertilizer or pesticide.
  1 10    4.  "Board" means the agrichemical remediation
  1 11 reimbursement board created under section 161.3.
  1 12    5.  "Contaminated site" means the same as defined in
  1 13 section 455B.602.
  1 14    6.  "Contamination" means the same as defined in section
  1 15 455B.602.
  1 16    7.  "Department" means the department of agriculture and
  1 17 land stewardship.
  1 18    8.  "Fertilizer" means a fertilizer or soil conditioner as
  1 19 defined in section 200.3.
  1 20    9.  "Fertilizer site" means a place where containers used
  1 21 for storing or mixing a fertilizer, if any of the following
  1 22 applies:
  1 23    a.  The container holds one thousand gallons or more of a
  1 24 liquid fertilizer or one thousand pounds or more of a dry
  1 25 fertilizer.
  1 26    b.  The container is in the process of being transported.
  1 27    10.  "Fund" means the agrichemical remediation fund created
  1 28 under section 161.8.
  1 29    11.  "Passive site cleanup" means the same as defined in
  1 30 section 455B.602.
  1 31    12.  "Pesticide" means a pesticide as defined in section
  1 32 206.2.
  1 33    13.  "Pesticide site" means a place where a container used
  1 34 for storing or mixing a pesticide is located, if any of the
  1 35 following applies:
  2  1    a.  The container holds fifty gallons or more of a liquid
  2  2 pesticide or two hundred pounds or more of a dry pesticide.
  2  3    b.  The container is in the process of being transported.
  2  4    14.  "Prohibited release" means the same as defined in
  2  5 section 455B.602.
  2  6    15.  "Remediation" means the same as defined in section
  2  7 455B.602.
  2  8    16.  "Responsible person" means the same as defined in
  2  9 section 455B.602.
  2 10    17.  "Site" means a fertilizer site or a pesticide site.
  2 11    Sec. 3.  NEW SECTION.  161.3  AGRICHEMICAL REMEDIATION
  2 12 BOARD.
  2 13    1.  An agrichemical remediation board is established within
  2 14 the department consisting of seven voting members.
  2 15    2.  The members shall include all of the following:
  2 16    a.  Two public officials who shall include the following:
  2 17    (1)  The secretary of agriculture or the secretary's
  2 18 designee.
  2 19    (2)  The director of the department of natural resources,
  2 20 or the director's designee.
  2 21    b.  Five members appointed by the secretary of agriculture.
  2 22 The members shall include all of the following:
  2 23    (1)  One member who is actively engaged in selling
  2 24 agricultural products on a retail basis, or who represents an
  2 25 association of members actively engaged in selling such
  2 26 products.
  2 27    (2)  One member who is actively engaged in producing
  2 28 agricultural crops.
  2 29    (3)  One member who is actively engaged in the distribution
  2 30 of agrichemicals or who is a representative of an association
  2 31 of members actively engaged in the distribution of
  2 32 agrichemicals.
  2 33    (4)  One person who is actively engaged in the manufacture
  2 34 or distribution of fertilizers or who is a representative of
  2 35 an association of members actively engaged in the manufacture
  3  1 or distribution of fertilizers.
  3  2    (5)  One person who is a pesticide registrant actively
  3  3 engaged in the manufacture and distribution of pesticides as
  3  4 provided in section 206.12 or who represents an association of
  3  5 members licensed as pesticide registrants.
  3  6    3.  The appointed members shall serve terms of three years
  3  7 beginning and ending as provided in section 69.19.  However,
  3  8 the secretary shall appoint initial members to serve for less
  3  9 than three years to ensure members serve staggered terms.
  3 10 Appointments to the board shall be based upon the training,
  3 11 experience and capacity of the appointees, and not upon
  3 12 political considerations, other than as provided in sections
  3 13 69.16 and 69.16A.
  3 14    a.  A vacancy on the board shall be filled in the same
  3 15 manner as an original appointment.  A person appointed to fill
  3 16 a vacancy shall serve only for the unexpired portion of the
  3 17 term.  An appointed member is eligible for reappointment.
  3 18    b.  An appointed member may be removed from office by the
  3 19 secretary for misfeasance, malfeasance, willful neglect of
  3 20 duty, or other just cause, after notice and hearing, unless
  3 21 the notice and hearing is expressly waived in writing.
  3 22    c.  The appointed members shall receive a per diem as
  3 23 specified in section 7E.6 for each day spent in performance of
  3 24 duties as members, and shall be reimbursed for all actual and
  3 25 necessary expenses incurred in the performance of duties as
  3 26 members.
  3 27    4.  The board shall elect a chairperson each year.  The
  3 28 board shall meet on a regular basis and at the call of the
  3 29 chairperson or upon the written request to the chairperson of
  3 30 two or more members.
  3 31    5.  The department shall staff the board.
  3 32    Sec. 4.  NEW SECTION.  161.4  BOARD POWERS AND DUTIES.
  3 33    The board shall have all powers necessary to carry out the
  3 34 functions and duties specified for the board as provided in
  3 35 this chapter.  The board shall do all of the following:
  4  1    1.  Execute remediation agreements with eligible persons as
  4  2 provided in section 161.9.
  4  3    2.  Review and determine the eligibility of responsible
  4  4 persons under section 161.9 and claims under section 161.10,
  4  5 and approve administrative costs of the department paid from
  4  6 the fund.  Of the moneys appropriated from the fund under
  4  7 section 161.8, for each fiscal year the department may expend
  4  8 at least sixty-five thousand dollars for purposes of
  4  9 administering this chapter, including the support of a full-
  4 10 time equivalent position as defined in section 8.36A.
  4 11 However, if more than sixty-five thousand dollars is required
  4 12 in order to administer this chapter, the total amount which
  4 13 the department may expend from the fund during any fiscal year
  4 14 for administering this chapter shall not exceed five percent
  4 15 of the balance of the fund on the day of the year of its
  4 16 greatest balance or one hundred fifty thousand dollars,
  4 17 whichever is less.
  4 18    3.  Consult with the department in the adoption of rules
  4 19 necessary for the administration of this chapter.  The rules
  4 20 of the department shall contain the rules of the board adopted
  4 21 for its organization, procedures, programs, and requirements
  4 22 as required in this chapter.  The rules shall provide for all
  4 23 of the following:
  4 24    a.  The board's organization and parliamentary procedures.
  4 25    b.  Procedures for paying claims as provided in section
  4 26 161.10.
  4 27    4.  Approve any contract with a person for assuring that
  4 28 remediation is performed in accordance with the provisions of
  4 29 a remediation agreement as provided in section 161.9.
  4 30    Sec. 5.  NEW SECTION.  161.5  REMEDIATION STANDARDS.
  4 31    Remediation conducted pursuant to a plan of remediation
  4 32 incorporated within a remediation agreement as required in
  4 33 section 161.9 shall be performed according to standards
  4 34 adopted by the department of natural resources pursuant to
  4 35 section 455B.601.
  5  1    Sec. 6.  NEW SECTION.  161.6  PRIORITIZATION.
  5  2    1.  The board may adopt rules to establish criteria for the
  5  3 classification and prioritization of sites upon which
  5  4 contamination has been discovered, subject to a plan for
  5  5 remediation as provided in section 161.9.
  5  6    2.  A contaminated site shall be classified as either high,
  5  7 medium, or low priority.
  5  8    a.  A site shall be considered high priority under any of
  5  9 the following conditions:
  5 10    (1)  Groundwater contamination exceeds action levels and is
  5 11 affecting or likely to affect groundwater used as a drinking
  5 12 water source.
  5 13    (2)  Contamination is affecting or likely to affect surface
  5 14 water bodies to a level which exceeds surface water quality
  5 15 standards under section 455B.173.
  5 16    (3)  Contamination is discovered in an ecologically
  5 17 sensitive area.  An ecologically sensitive area is one which
  5 18 is designated by the department.
  5 19    b.  A site shall be considered medium priority if
  5 20 contamination of groundwater exceeds action levels, but does
  5 21 not meet the criteria for classification as a high priority
  5 22 site.
  5 23    c.  A site shall be considered low priority under any of
  5 24 the following conditions:
  5 25    (1)  If soil contamination exists at the site, but no
  5 26 groundwater contamination exists at the site.
  5 27    (2)  If soil contamination exists and groundwater
  5 28 contamination has been discovered, but is below action levels.
  5 29    3.  A site shall be reclassified as a site with a higher or
  5 30 lower classification when the site falls within a higher or
  5 31 lower classification, as provided in a plan for remediation
  5 32 pursuant to section 161.9.
  5 33    4.  The remediation of a site classified under this section
  5 34 shall be administered as follows:
  5 35    a.  For a high priority site, soil and groundwater site
  6  1 cleanup shall include active remediation where technically
  6  2 feasible, until such time as the groundwater contamination
  6  3 levels are below action levels.
  6  4    b.  For a medium priority site, the remediation shall
  6  5 include either monitoring or active or passive site cleanup as
  6  6 determined by the department on a site-by-site basis upon
  6  7 considering the findings of the plan of remediation.  However,
  6  8 the remediation shall at least be the same remediation
  6  9 required if the site were classified as a low priority site.
  6 10    c.  For a low priority site, the remediation shall include
  6 11 active site cleanup, if the site cleanup would be more
  6 12 practical and cost-effective than monitoring.  If active site
  6 13 cleanup for soil is undertaken, no further action shall be
  6 14 required on the site.  If active site cleanup for soil is not
  6 15 undertaken, the site shall be monitored, for a specified
  6 16 period of time as determined by the department.
  6 17    5.  Contaminated groundwater and soil shall be applied on
  6 18 land in accordance with rules adopted by the department.  The
  6 19 application rate shall not exceed a level which precludes the
  6 20 resumption of normal farming practices within a two-year
  6 21 period.
  6 22    6.  This chapter does not affect the ability of the
  6 23 department or the United States environmental protection
  6 24 agency to require monitoring or remediation on sites that are
  6 25 placed on the national priorities list pursuant to the federal
  6 26 Comprehensive Environmental Response, Compensation and
  6 27 Liability Act.
  6 28    Sec. 7.  NEW SECTION.  161.8  AGRICHEMICAL REMEDIATION
  6 29 FUND.
  6 30    1.  An agrichemical remediation fund is created within the
  6 31 state treasury under the control of the department.
  6 32    2.  The fund shall consist of any moneys appropriated by
  6 33 the general assembly for placement in the fund, and moneys
  6 34 available to and obtained or accepted by the department from
  6 35 the federal government or private sources for placement in the
  7  1 fund.
  7  2    3.  Moneys in the fund are appropriated exclusively to
  7  3 support agrichemical remediation as provided in this chapter,
  7  4 including the payment of claims under section 161.10 and the
  7  5 administration of this chapter by the board and the
  7  6 department.
  7  7    4.  The treasurer of state shall act as custodian of the
  7  8 fund and disburse amounts contained in the fund as directed by
  7  9 the department, in consultation with the board.  The treasurer
  7 10 of state is authorized to invest the moneys deposited in the
  7 11 fund.  The income from such investment shall be credited to
  7 12 and deposited in the fund.  Notwithstanding section 8.33,
  7 13 moneys in the fund are not subject to reversion to the general
  7 14 fund of the state.  The fund shall be administered by the
  7 15 department which shall make expenditures from the fund
  7 16 consistent with the purposes set out in this chapter.  The
  7 17 moneys in the fund shall be disbursed upon warrants drawn by
  7 18 the director of revenue and finance pursuant to the order of
  7 19 the department.  The finances of the fund shall be calculated
  7 20 on an accrual basis in accordance with generally accepted
  7 21 accounting principles.  The auditor of state shall regularly
  7 22 perform audits of the fund.
  7 23    Sec. 8.  NEW SECTION.  161.9  REMEDIATION AGREEMENT.
  7 24    1.  A person is not required to comply with the
  7 25 requirements of this chapter, including the remediation of a
  7 26 site, unless the person is a responsible person who executes a
  7 27 remediation agreement with the board, as provided in this
  7 28 section.  The remediation agreement shall provide for all of
  7 29 the following:
  7 30    a.  The terms and conditions required to perform
  7 31 remediation under a plan of remediation as provided in this
  7 32 section, and the payment of claims as provided in section
  7 33 161.10.
  7 34    b.  A plan for remediation of a site where contamination
  7 35 has been discovered.  The plan shall provide procedures for a
  8  1 remediation of the contaminated site, a schedule for providing
  8  2 for the remediation of the site according to remediation
  8  3 standards provided in section 161.5, and the classification
  8  4 and prioritization of sites as provided in section 161.6.  The
  8  5 plan may be amended at any time, if approved by the
  8  6 department, if the amendment to the agreement is executed by
  8  7 the responsible person and the board.  The plan shall be
  8  8 developed by the responsible person and approved by the
  8  9 department for each site subject to the agreement.  The plan
  8 10 shall include all of the following:
  8 11    (1)  A determination as to the extent of the existing soil,
  8 12 groundwater, or surface water contamination.
  8 13    (2)  The proximity of the contamination and the likelihood
  8 14 that the contamination will affect a drinking water well.
  8 15    (3)  The characteristics of the site and the potential for
  8 16 migration of the contamination.
  8 17    (4)  Whether the site is classified as a high, medium, or
  8 18 low priority site, as provided in section 161.6.
  8 19    The department may require that an initial plan of
  8 20 remediation be submitted prior to execution of a remediation
  8 21 agreement.  The department may require that the initial plan
  8 22 recommend whether a site be classified as a high or medium
  8 23 priority site.  The department may require further
  8 24 investigation be conducted to determine the extent of the
  8 25 remediation which should be conducted on the site.
  8 26    2.  a.  The department, upon approval of the board, may
  8 27 contract with a person in order to do any of the following:
  8 28    (1)  Consult with the department and the board in reviewing
  8 29 a remediation agreement, including but not limited to
  8 30 investigating a site or recommending approval or denial of a
  8 31 plan for remediation.
  8 32    (2)  Ensure compliance with the plan for remediation as
  8 33 provided in this section.  The person may be authorized to
  8 34 provide a statement to a responsible person, stating that the
  8 35 person is eligible for payment of a claim submitted from the
  9  1 fund as provided in section 161.10.
  9  2    b.  The department may execute the contract with a private
  9  3 individual or entity or a state and local government as
  9  4 provided in chapter 28E.
  9  5    3.  A responsible person is eligible to execute a
  9  6 remediation agreement under this section, if the board
  9  7 determines that all of the following apply:
  9  8    a..  The responsible person is not subject to any of the
  9  9 following:
  9 10    (1)  A pending criminal adjudication against the
  9 11 responsible person relating to the contamination.
  9 12    (2)  Criminal sanctions imposed against the responsible
  9 13 person relating to the contamination.
  9 14    b.  Any of the following:
  9 15    (1)  The responsible person performed reasonable measures
  9 16 necessary for the immediate abatement of any prohibited
  9 17 release.
  9 18    (2)  The responsible person has complied or is in the
  9 19 process of complying in a timely manner with orders issued by
  9 20 the state or federal government for remediation of the
  9 21 contaminated site.
  9 22    4.  Unless the department has cause to believe that the
  9 23 responsible person is not eligible, the department shall
  9 24 provide a statement to the responsible person upon request.
  9 25 The statement shall be printed on forms prescribed by the
  9 26 board.  The statement shall verify that to the extent of the
  9 27 department's knowledge, the responsible person is eligible
  9 28 under this section.  The board may use the statement as
  9 29 evidence of eligibility.  The board shall provide the
  9 30 statement with any weight determined appropriate by the board.
  9 31    5.  The state, a state agency, a political subdivision of
  9 32 the state, or federal government, or an agency of the federal
  9 33 government, is not eligible to submit a claim to the board for
  9 34 reimbursement from the fund.
  9 35    Sec. 9.  NEW SECTION.  161.10  PAYMENT OF CLAIMS.
 10  1    1.  The board shall approve a claim against the fund to pay
 10  2 for remediation of a contaminated site, if all of the
 10  3 following apply:
 10  4    a.  The claim is made in a manner and according to
 10  5 procedures contained in a remediation agreement executed by
 10  6 the board and the eligible person and rules adopted by the
 10  7 board.
 10  8    b.  The person who has executed a remediation agreement
 10  9 with the board and is filing the claim is a responsible person
 10 10 eligible under section 161.9.
 10 11    c.  The claim includes all of the following:
 10 12    (1)  Evidence of the contamination, including affidavits of
 10 13 experts, photographs, or documentation by federal or state
 10 14 agencies including the department of natural resources.
 10 15    (2)  The total amount required to pay for all costs related
 10 16 to remediating the site as performed by a qualified person
 10 17 according to a business invoice.  The business invoice shall
 10 18 be accompanied by supporting evidence.
 10 19    (3)  Information about any insurance policy required to
 10 20 indemnify the responsible person for costs associated with
 10 21 remediating the contaminated site, including a copy of the
 10 22 policy.
 10 23    (4)  The site has been remediated according to a plan of
 10 24 remediation approved by the department as provided in section
 10 25 161.9.
 10 26    (5)  The claim is complete and accurate, and contains no
 10 27 false or misleading statements.
 10 28    (6)  The approval by the department, in consultation with
 10 29 the board, of a comprehensive plan by the responsible person
 10 30 for the prevention of future contamination at the site.
 10 31    2.  If the board approves a claim, the board shall
 10 32 reimburse the responsible person by doing any of the
 10 33 following:
 10 34    a.  Providing for the immediate payment of a claim, if the
 10 35 board determines that the contamination causes a clear,
 11  1 present, and impending danger to the public health or the
 11  2 natural environment.
 11  3    b.  Providing for the ordinary payment of a claim as
 11  4 follows:
 11  5    (1)  The board may pay the amount of the claim based on a
 11  6 final statement submitted by a responsible person.  The
 11  7 department, in consultation with the board, may establish
 11  8 guidelines for reasonable and necessary charges for specific
 11  9 remediation procedures.  Payment shall not exceed these
 11 10 reasonable and necessary charges without prior approval of the
 11 11 board.
 11 12    (2)  Upon a determination that the claim is eligible for
 11 13 payment, the department shall provide for payment of the claim
 11 14 as provided in this subsection.
 11 15    c.  Withholding a portion of the payment as provided in the
 11 16 remediation agreement, for final payment when the department
 11 17 determines that the site has been monitored for a period
 11 18 necessary to ensure that remediation has been successful.
 11 19    d.  The amount of the claim shall be the total amount
 11 20 required to remediate the site subject to all of the
 11 21 following:
 11 22    (1)  A deduction of five thousand dollars.
 11 23    (2)  A deduction in the amount of the insurance payments
 11 24 owed to or received by the responsible person for
 11 25 indemnification of remediation costs.  The amount of the
 11 26 insurance payments shall be applied first to satisfy the five
 11 27 thousand dollar deduction required in subparagraph (1).
 11 28    (3)  After making the deductions required in subparagraphs
 11 29 (1) and (2), the department shall provide for payment in the
 11 30 amount of ninety percent of claims up to one hundred thousand
 11 31 dollars, eighty percent of claims over one hundred thousand
 11 32 dollars, but not exceeding two hundred thousand dollars, and
 11 33 seventy percent of claims over two hundred thousand dollars up
 11 34 to two hundred fifty thousand dollars.
 11 35    (4)  The amount of a claim shall not be more than two
 12  1 hundred fifty thousand dollars to pay the costs of remediating
 12  2 a contaminated site.
 12  3    3.  The board shall not provide payments from the fund
 12  4 until the board determines that the claim is reasonable and
 12  5 that the claimant has submitted all evidence necessary in
 12  6 order to support the claim and any expenditure of moneys from
 12  7 the fund.  The board shall place conditions or requirements
 12  8 upon the payment of moneys from the fund in order to ensure
 12  9 that the moneys are used to provide remediation in compliance
 12 10 with a remediation plan required pursuant to section 161.9.
 12 11    4.  If at any time the department determines that there are
 12 12 insufficient moneys in the fund to make payment of all claims,
 12 13 the department shall pay claims according to the date that the
 12 14 claims are received by the department.  To the extent that a
 12 15 claim cannot be fully satisfied, the department shall order
 12 16 that the unpaid portion of the payment be deferred until the
 12 17 claim can be satisfied.  However, the department shall not
 12 18 satisfy claims from moneys dedicated for the administration of
 12 19 the fund.
 12 20    5.  The department shall have a claim on behalf of the fund
 12 21 against any responsible person who files a claim in violation
 12 22 of this chapter for the amount paid for remediation.  The
 12 23 responsible person shall be liable for damages.  The moneys
 12 24 collected by the department under this subsection shall be
 12 25 deposited into the fund.
 12 26    Sec. 10.  NEW SECTION.  161.11  REPORT.
 12 27    The department in cooperation with the board shall submit a
 12 28 report to the general assembly by January 10 of each odd-
 12 29 numbered year.  The report shall provide a summary and a
 12 30 detailed accounting of the fund's financial condition,
 12 31 including expected revenue and expenses during the following
 12 32 two years.
 12 33    Sec. 11.  Section 455B.601, subsection 1, paragraph a, Code
 12 34 1999, is amended by striking the paragraph.
 12 35    Sec. 12.  Section 455B.601, subsection 1, paragraph d, Code
 13  1 1999, is amended to read as follows:
 13  2    d.  The corrective action response requirements A
 13  3 responsible person shall remediate a contaminated site
 13  4 according to standards established by rules adopted pursuant
 13  5 to chapter 17A.  Remediation for high, medium, or low priority
 13  6 sites shall be administered in accordance with the following:
 13  7    (1)  Soils and groundwaters on a high priority site shall
 13  8 be actively remediated subject to active cleanup, where
 13  9 technically feasible, until such time as the groundwater
 13 10 contamination levels are below action levels.
 13 11    (2)  Remediation on a medium priority site shall include
 13 12 either monitoring or active or passive remediation and shall
 13 13 be site cleanup as determined by the department on a site-by-
 13 14 site basis based upon the findings of the site plan.
 13 15 Remediation on a medium priority site shall include at least
 13 16 that which would be required on a low priority site.
 13 17    (3)  (a)  Active site cleanup for soil remediation shall be
 13 18 required on a low priority site if remediation would be more
 13 19 practical and cost-effective than monitoring.
 13 20    (b)  If active site cleanup for soil remediation on a low
 13 21 priority site is undertaken, no further action shall be
 13 22 required on the site.
 13 23    (c)  If active soil site remediation for soil is not
 13 24 undertaken on a low priority site, a the site shall be
 13 25 monitored, for a specified period of time as determined by the
 13 26 department.
 13 27    Sec. 13.  Section 455B.601, subsection 2, Code 1999, is
 13 28 amended to read as follows:
 13 29    2.  This section is applicable to all sites a site upon
 13 30 which contamination has been discovered, unless corrective
 13 31 action one of the following applies:
 13 32    a.  Remediation on a the site has already been approved by
 13 33 the department and implemented.
 13 34    b.  A responsible person has executed a remediation
 13 35 agreement with the remediation reimbursement board and the
 14  1 responsible person is remediating or has remediated the site
 14  2 pursuant to a plan of remediation as provided in chapter 161.
 14  3    Sec. 14.  NEW SECTION.  455B.602  DEFINITIONS.
 14  4    As used in this division:
 14  5    1.  "Action level" means action level as provided in 567
 14  6 IAC ch. 133 or 137.
 14  7    2.  "Active site cleanup" means treating, dispersing,
 14  8 removing, or disposing of contamination located in soil or
 14  9 water, including, but not limited to, excavating soil or
 14 10 installing institutional or technological controls to water
 14 11 quality.
 14 12    3.  "Background levels" means concentrations of a
 14 13 contaminant generally present in the environment in the
 14 14 vicinity of a site or an affected area and not the result of
 14 15 release.
 14 16    4.  "Contaminated site" means a site upon which
 14 17 contamination has been discovered.
 14 18    5.  "Contamination" means the presence of one or more
 14 19 pesticides, as defined in section 206.2, or the presence of
 14 20 fertilizer, as defined in section 200.3, in soil or
 14 21 groundwater at levels above those that would result at normal
 14 22 field application rates or above background levels.
 14 23    6.  "Passive site cleanup" means the removal or treatment
 14 24 of a contaminant in soil or water through management practices
 14 25 or the construction of barriers, trenches, and other similar
 14 26 facilities for prevention of contamination, as well as the use
 14 27 of natural processes such as groundwater recharge, natural
 14 28 decay, and chemical or biological decomposition.
 14 29    7.  "Remediation" means a process used to protect the
 14 30 public health and safety or the environment from
 14 31 contamination, including by doing all of the following:
 14 32    a.  Controlling, containing, or stabilizing the effects
 14 33 caused by a prohibited release.
 14 34    b.  Investigating, identifying, or analyzing a contaminant
 14 35 or a contamination source; collecting samples, including soil
 15  1 and water samples; assessing the condition of a site;
 15  2 monitoring a contaminated site; providing for structural
 15  3 testing; or providing for engineering services.
 15  4    c.  Providing for site cleanup.
 15  5    8.  a.  "Responsible person" means a person who is legally
 15  6 liable for the contamination or who is legally responsible for
 15  7 abating contamination under any applicable law, including
 15  8 chapters 455B and 455E, and the common law.  This may include
 15  9 a person causing, allowing, or otherwise participating in the
 15 10 activities or events which cause the contamination, persons
 15 11 who have failed to conduct their activities so as to prevent
 15 12 the release of contaminants into groundwater, persons who are
 15 13 obligated to abate a condition, or persons responsible for or
 15 14 a successor to such persons.
 15 15    b.  "Responsible person" does not include a person who
 15 16 caused contamination by acting in a manner unauthorized by the
 15 17 owner of the pesticide or fertilizer, including a person who
 15 18 trespasses upon a site.
 15 19    9.  "Site cleanup" means measures used to contain, reduce,
 15 20 or eliminate contamination present at a site including by
 15 21 using active site cleanup or passive site cleanup measures, or
 15 22 complying with a correction action required or recommended by
 15 23 the department of natural resources or the United States
 15 24 environmental protection agency.
 15 25    Sec. 15.  FULL-TIME EQUIVALENT POSITIONS.  There is
 15 26 authorized for the fiscal year beginning July 1, 2000, and
 15 27 ending June 30, 2001, the following full-time equivalent
 15 28 positions within the department of agriculture and land
 15 29 stewardship, in order to support administration of chapter
 15 30 161, as enacted by this Act, in addition to any other full-
 15 31 time equivalent positions authorized by the Seventy-eighth
 15 32 General Assembly, 2000 Session, to support the department:  
 15 33 ............................................... FTEs       2.00
 15 34 SF 466
 15 35 da/cc/26
     

Text: SF00465                           Text: SF00467
Text: SF00400 - SF00499                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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