Text: HF00635 Text: HF00637 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 636 1 2 1 3 AN ACT 1 4 RELATING TO THE REPORTING OF UNDERGROUND STORAGE TANKS AND 1 5 TO BENEFITS PROVIDED THROUGH FUNDS ADMINISTERED BY THE IOWA 1 6 COMPREHENSIVE PETROLEUM UNDERGROUND STORAGE TANK FUND BOARD. 1 7 1 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 9 1 10 Section 1. Section 455B.473, subsections 7, 8, and 9, Code 1 11 2001, are amended to read as follows: 1 127. A person who deposits a regulated substance in an1 13underground storage tank shall notify the owner or operator in1 14writing of their notification requirements pursuant to this1 15section.1 16 8. A person who sells, installs, modifies, or repairs a 1 17 tank used or intended to be used as an underground storage 1 18 tank shall notify the purchaser and the owner or operator of 1 19 the tank in writing of the owner's notification requirements 1 20 pursuant to this section including the prohibition on 1 21 depositing a regulated substance into tanks which have not 1 22 been registered and issued tags by the department. A person 1 23 who installs an underground storage tank and the owner or 1 24 operator of the underground storage tank shall, prior to 1 25 installing an underground storage tank, notify the department 1 26 in writing regarding the intent to install a tank. 1 27 9. It shall be unlawful to deposit or accept a regulated 1 28 substance in an underground storage tank which has not been 1 29 registered and issued permanent and annual tank management fee 1 30 renewal tags pursuant to subsections 1 through 6. It shall 1 31 also be unlawful to deposit a regulated substance in an 1 32 underground storage tank after receiving notice from the 1 33 department that the underground storage tank is not covered by 1 34 an approved form of financial responsibility in accordance 1 35 with section 455B.474, subsection 2. 2 1 The department shall furnish the owner or operator of an 2 2 underground storage tank with a registration tag for each 2 3 underground storage tank registered with the department. The 2 4 owner or operator shall affix the tag to the fill pipe of each 2 5 registered underground storage tank.A person who conveys or2 6deposits a regulated substance shall inspect the underground2 7storage tank to determine the existence or absence of the2 8registration tag. If a registration tag is not affixed to the2 9underground storage tank fill pipe, the person conveying or2 10depositing the regulated substance may deposit the regulated2 11substance in the unregistered tank provided that the deposit2 12is allowed only in the single instance, that the person2 13reports the unregistered tank to the department of natural2 14resources, and that the person provides the owner or operator2 15with an underground storage tank registration form and informs2 16the owner or operator of the underground storage tank2 17registration requirements. The owner or operator is allowed2 18fifteen days following the report to the department of the2 19owner's or operator's unregistered tank to comply with the2 20registration requirements.If an owner or operator fails to 2 21 register or obtain annual renewal tags for thereported2 22 underground storage tankduring the fifteen-day period, the 2 23 owner or operator shall payaan additional fee oftwenty-five2 24 two hundred fifty dollars upon registration of the tank. A 2 25 fee imposed pursuant to this subsection shall not preclude the 2 26 department from assessing an administrative penalty pursuant 2 27 to section 455B.476. 2 28 Sec. 2. Section 455B.473, Code 2001, is amended by adding 2 29 the following new subsection: 2 30 NEW SUBSECTION. 10. The department may deny issuance of a 2 31 registration or annual tank management fee renewal tag for 2 32 failure of the owner or operator to provide proof the 2 33 underground storage tank is covered by an approved form of 2 34 financial responsibility as provided in section 455B.474, 2 35 subsection 2. 3 1 Sec. 3. Section 455G.21, subsection 2, paragraph a, Code 3 2 2001, is amended to read as follows: 3 3 a. The innocent landowners fund shall be established as a 3 4 separate fund in the state treasury under the control of the 3 5 board. The innocent landowners fund shall include any moneys 3 6 recovered pursuant to cost recovery enforcement under section 3 7 455G.13. Notwithstanding section 455G.1, subsection 2, 3 8 benefits for the costs of corrective actionshallmay be 3 9 provided to the owner of a petroleum-contaminated property, or 3 10 an owner or operator of an underground storage tank located on 3 11 the property, who is not otherwise eligible to receive 3 12 benefits under section 455G.9 due to the date on which the 3 13 release causing the contamination was reported or the date the 3 14 claim was filed. An owner of a petroleum-contaminated 3 15 property, or an owner or operator of an underground storage 3 16 tank located on the property, shall be eligible for payment of 3 17totalcorrective action costs subject to copayment 3 18 requirements under section 455G.9, subsection 4. The board 3 19 may adopt rules conditioning receipt of benefits under this 3 20 paragraph to those petroleum-contaminated properties which 3 21 present a higher degree of risk to the public health and 3 22 safety or the environment and may adopt rules providing for 3 23 denial of benefits under this paragraph to a person who did 3 24 not make a good faith attempt to comply with the provisions of 3 25 this chapter. This paragraph does not confer a legal right to 3 26 an owner of petroleum-contaminated property, or an owner or 3 27 operator of an underground storage tank located on the 3 28 property, for receipt of benefits under this paragraph. 3 29 Sec. 4. Section 455G.2, subsection 17, Code 2001, is 3 30 amended to read as follows: 3 31 17. "Precorrective action value" means theassessed value3 32of the tank site immediately prior to the discovery of a3 33petroleum releasepurchase price of the tank site paid by the 3 34 owner after October 26, 1990. 3 35 4 1 4 2 4 3 BRENT SIEGRIST 4 4 Speaker of the House 4 5 4 6 4 7 4 8 MARY E. KRAMER 4 9 President of the Senate 4 10 4 11 I hereby certify that this bill originated in the House and 4 12 is known as House File 636, Seventy-ninth General Assembly. 4 13 4 14 4 15 4 16 MARGARET THOMSON 4 17 Chief Clerk of the House 4 18 Approved , 2001 4 19 4 20 4 21 4 22 THOMAS J. VILSACK 4 23 Governor
Text: HF00635 Text: HF00637 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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