Text: HF02416 Text: HF02418 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 2417 1 2 1 3 AN ACT 1 4 RELATING TO STATEWIDE STANDARDS, SITE-SPECIFIC CLEANUP STANDARDS, 1 5 AND PUBLIC PARTICIPATION IN THE IOWA LAND RECYCLING AND 1 6 ENVIRONMENTAL REMEDIATION STANDARDS ACT. 1 7 1 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 9 1 10 Section 1. Section 455H.203, subsection 2, Code 2001, is 1 11 amended to read as follows: 1 12 2. In establishing these standards, all of the following 1 13 shall be considered: 1 14 a. Separate standards shall be established for hazardous 1 15 substances in soil, in groundwater which is a protected 1 16 groundwater source, and in groundwater which is not a 1 17 protected groundwater source. 1 18 b. In groundwater which is a protected groundwater source, 1 19 the standards shall beno more protective than the least1 20restrictive ofthe maximum contaminant levels established 1 21 pursuant to the department's drinking water standards, a1 22standard reflecting an increased cancer risk of one in one1 23million, or a standard reflecting a noncancer health risk of1 24oneor, for contaminants that do not have established drinking 1 25 water standards, the standards shall be derived in a manner 1 26 comparable to that used for establishment of drinking water 1 27 standards. An affected area shall not be required to be 1 28 cleaned up to concentration levels below or more restrictive 1 29 than background levels. 1 30 c. In groundwater which is not a protected groundwater 1 31 source, the standards shall be no more protective thanthe1 32least restrictive ofa standard reflecting an increased cancer 1 33 risk of one in ten thousand from exposure to contaminants that 1 34 are known or probable human carcinogens; a standard reflecting 1 35 a noncancer health risk of one-tenth from exposure to 2 1 contaminants that are possible human carcinogens; or a 2 2 standard reflecting a noncancer health risk of one from 2 3 exposure to contaminants that are not known, probable, or 2 4 possible human carcinogens. An affected area shall not be 2 5 required to be cleaned up to levels below or more restrictive 2 6 than background levels. 2 7 d. In soil, the standards shall be no more protective than 2 8the least restrictive ofa standard reflecting an increased 2 9 cancer risk ofonefive in one million from exposure to 2 10 contaminants that are known or probable human carcinogens; a 2 11 standard reflecting a noncancer health risk of one-tenth from 2 12 exposure to contaminants that are possible human carcinogens; 2 13 or a standard reflecting a noncancer health risk of one from 2 14 exposure to contaminants that are not known, probable, or 2 15 possible human carcinogens. An affected area shall not be 2 16 required to be cleaned up to concentration levels below or 2 17 more restrictive than background levels. 2 18 e. Statewide standards specified in paragraphs "b", "c", 2 19 and "d" assume exposure to individual contaminants in 2 20 groundwater or soil. If more than one contaminant exists in a 2 21 medium or exposure to contaminants can occur from more than 2 22 one medium, standards shall be adjusted to reflect a 2 23 cumulative increased cancer risk that is no less protective 2 24 than one in ten thousand and a cumulative noncancer health 2 25 risk to the same target human organ that is no less protective 2 26 than one. Risks associated with background levels of 2 27 contaminants shall not be included in the cumulative risk 2 28 determination. 2 29 Sec. 2. Section 455H.204, subsection 2, paragraph f, Code 2 30 2001, is amended to read as follows: 2 31 f. Cleanup shall not be required in an affected area that 2 32 does not present any of the following: 2 33 (1) An increased cancer risk from a single contaminant at 2 34 the point of exposure ofonefive in one million for 2 35 residential areas or one in ten thousand for nonresidential 3 1 areas. 3 2 (2) An increasednoncancer health risk at the point of3 3exposure of greater than onecancer risk from multiple 3 4 contaminants or multiple routes of exposure greater than one 3 5 in ten thousand. 3 6 (3) An increased noncancer health risk from a single 3 7 contaminant at the point of exposure of greater than one, or 3 8 greater than one-tenth for possible carcinogens. 3 9 (4) An increased noncancer risk to the same target human 3 10 organ from multiple contaminants or multiple routes of 3 11 exposure greater than one. 3 12 Sec. 3. NEW SECTION. 455H.208 PUBLIC PARTICIPATION. 3 13 Public participation shall be a required component of the 3 14 process for participants for all sites enrolled in the land 3 15 recycling program. The required level of public participation 3 16 shall vary depending on the conditions existing at a site. At 3 17 a minimum, the department shall notify all adjacent property 3 18 owners, occupants of adjacent property, and the city or county 3 19 in which the property is located of a site's enrollment in the 3 20 land recycling program and of the scope of work described in 3 21 the participation agreement; and give the notified parties the 3 22 opportunity to obtain updates regarding the status of 3 23 activities relating to the enrolled site in the land recycling 3 24 program. The notification shall not be required before the 3 25 participant has had the opportunity to collect basic 3 26 information characterizing the nature and extent of the 3 27 contamination but the notification shall be required in a 3 28 timely manner allowing appropriate parties to have input in 3 29 the formulation of the response action. If contaminants from 3 30 the enrolled site have migrated off the enrolled site or are 3 31 likely to migrate off the enrolled site, as determined by the 3 32 department, the department shall notify by direct mailing all 3 33 potentially affected parties, including the city or county in 3 34 which the potentially affected property is located, and 3 35 officials of any potentially impacted public water supply and 4 1 the notified parties shall be given opportunity to comment on 4 2 proposed response actions. The department may require the 4 3 participant of an enrolled site to publish public notice in a 4 4 local newspaper if widespread interest in the site exists or 4 5 is likely to exist as determined by the department. The 4 6 department shall consider reasonable comments from potentially 4 7 affected parties in determining whether to approve or 4 8 disapprove a proposed response action or site closure. 4 9 4 10 4 11 4 12 BRENT SIEGRIST 4 13 Speaker of the House 4 14 4 15 4 16 4 17 MARY E. KRAMER 4 18 President of the Senate 4 19 4 20 I hereby certify that this bill originated in the House and 4 21 is known as House File 2417, Seventy-ninth General Assembly. 4 22 4 23 4 24 4 25 MARGARET THOMSON 4 26 Chief Clerk of the House 4 27 Approved , 2002 4 28 4 29 4 30 4 31 THOMAS J. VILSACK 4 32 Governor
Text: HF02416 Text: HF02418 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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