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House File 636

Partial Bill History

Bill Text

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 12    7.  A person who deposits a regulated substance in an
  1 13 underground storage tank shall notify the owner or operator in
  1 14 writing of their notification requirements pursuant to this
  1 15 section.
  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 or
  2  6 deposits a regulated substance shall inspect the underground
  2  7 storage tank to determine the existence or absence of the
  2  8 registration tag.  If a registration tag is not affixed to the
  2  9 underground storage tank fill pipe, the person conveying or
  2 10 depositing the regulated substance may deposit the regulated
  2 11 substance in the unregistered tank provided that the deposit
  2 12 is allowed only in the single instance, that the person
  2 13 reports the unregistered tank to the department of natural
  2 14 resources, and that the person provides the owner or operator
  2 15 with an underground storage tank registration form and informs
  2 16 the owner or operator of the underground storage tank
  2 17 registration requirements.  The owner or operator is allowed
  2 18 fifteen days following the report to the department of the
  2 19 owner's or operator's unregistered tank to comply with the
  2 20 registration requirements.  If an owner or operator fails to
  2 21 register or obtain annual renewal tags for the reported
  2 22 underground storage tank during the fifteen-day period, the
  2 23 owner or operator shall pay a an additional fee of twenty-five
  2 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 action shall may 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 17 total corrective 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 the assessed value
  3 32 of the tank site immediately prior to the discovery of a
  3 33 petroleum release purchase 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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