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House Journal: Page 1439: Wednesday, April 12, 2000

24 and the board. The plan shall be developed by the
25 responsible person and approved by the department for
26 each site subject to the agreement. The plan shall
27 include all of the following:
28 (1) A determination as to the extent of the
29 existing soil, groundwater, or surface water
30 contamination.
31 (2) The proximity of the contamination and the
32 likelihood that the contamination will affect a
33 drinking water well.
34 (3) The characteristics of the site and the
35 potential for migration of the contamination.
36 (4) Whether the site is classified as a high,
37 medium, or low priority site, as provided in section
38 161.6.
39 The department may require that an initial plan of
40 remediation be submitted prior to execution of a
41 remediation agreement. The department may require
42 that the initial plan recommend whether a site be
43 classified as a high or medium priority site. The
44 department may require further investigation be
45 conducted to determine the extent of the remediation
46 which should be conducted on the site.
47 2. a. The department, upon approval of the board,
48 may contract with a person in order to do any of the
49 following:
50 (1) Consult with the department and the board in

Page 3

1 reviewing a remediation agreement, including but not
2 limited to investigating a site or recommending
3 approval or denial of a plan for remediation.
4 (2) Ensure compliance with the plan for
5 remediation as provided in this section. The person
6 may be authorized to provide a statement to a
7 responsible person, stating that the person is
8 eligible for payment of a claim submitted from the
9 fund as provided in section 161.10.
10 b. The department may execute the contract with a
11 private individual or entity or a state and local
12 government as provided in chapter 28E.
13 3. a. A responsible person is eligible to execute
14 a remediation agreement under this section, if the
15 board".
16 . Page 12, by striking lines 25 through 31.
17 . Page 13, line 2, by striking the word
18 "established" and inserting the following: "contained
19 in a remediation agreement executed by the board and
20 the eligible person and rules adopted".
21 . Page 13, line 3, by inserting after the
22 words "The person" the following: "who has executed a


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