House Journal: Page 1719: Monday, April 24, 2000
5 contamination has been discovered.
6 5. "Contamination" means the presence of one or
7 more pesticides, as defined in section 206.2, or the
8 presence of fertilizer, as defined in section 200.3,
9 in soil or groundwater at levels above those that
10 would result at normal field application rates or
11 above background levels.
12 6. "Passive site cleanup" means the removal or
13 treatment of a contaminant in soil or water through
14 management practices or the construction of barriers,
15 trenches, and other similar facilities for prevention
16 of contamination, as well as the use of natural
17 processes such as groundwater recharge, natural decay,
18 and chemical or biological decomposition.
19 7. "Remediation" means a process used to protect
20 the public health and safety or the environment from
21 contamination, including by doing all of the
22 following:
23 a. Controlling, containing, or stabilizing the
24 effects caused by a prohibited release.
25 b. Investigating, identifying, or analyzing a
26 contaminant or a contamination source; collecting
27 samples, including soil and water samples; assessing
28 the condition of a site; monitoring a contaminated
29 site; providing for structural testing; or providing
30 for engineering services.
31 c. Providing for site cleanup.
32 8. a. "Responsible person" means a person who is
33 legally liable for the contamination or who is legally
34 responsible for abating contamination under any
35 applicable law, including chapters 455B and 455E, and
36 the common law. This may include a person causing,
37 allowing, or otherwise participating in the activities
38 or events which cause the contamination, persons who
39 have failed to conduct their activities so as to
40 prevent the release of contaminants into groundwater,
41 persons who are obligated to abate a condition, or
42 persons responsible for or a successor to such
43 persons.
44 b. "Responsible person" does not include a person
45 who caused contamination by acting in a manner
46 unauthorized by the owner of the pesticide or
47 fertilizer, including a person who trespasses upon a
48 site.
49 9. "Site cleanup" means measures used to contain,
50 reduce, or eliminate contamination present at a site
Page 5
1 including by using active site cleanup or passive site
2 cleanup measures, or complying with a correction
3 action required or recommended by the department of
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League of Women Voters of Iowa
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