House File 89 - Introduced



                                       HOUSE FILE       
                                       BY  WENDT and WHITEAD


    Passed House, Date               Passed Senate,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to reimbursement of hazardous substance cleanup
  2    costs.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1203HH 83
  5 tm/sc/14

PAG LIN



  1  1    Section 1.  Section 455B.392, subsection 1, paragraph a,
  1  2 Code 2009, is amended to read as follows:
  1  3    a.  The reasonable cleanup costs incurred by the state or
  1  4 its political subdivisions, by governmental subdivisions, or
  1  5 by any other persons participating in the prevention or
  1  6 mitigation of damages with the approval of the director, as a
  1  7 result of the failure of the person to clean up a hazardous
  1  8 substance involved in a hazardous condition caused by that
  1  9 person.
  1 10    Sec. 2.  Section 455B.392, Code 2009, is amended by adding
  1 11 the following new subsection:
  1 12    NEW SUBSECTION.  1A.  A person having control over a
  1 13 hazardous substance is strictly liable to a political
  1 14 subdivision for reasonable cleanup costs incurred by the
  1 15 political subdivision participating in the prevention or
  1 16 mitigation of damages as a result of the failure of the person
  1 17 to clean up a hazardous substance involved in a hazardous
  1 18 condition caused by that person.  Moneys collected pursuant to
  1 19 this subsection shall be paid directly to the political
  1 20 subdivision making the claim.  Claims under this subsection
  1 21 may be appealed to the commission by the person filing a
  1 22 written notice of appeal within thirty days after the receipt
  1 23 of the bill.
  1 24    Sec. 3.  Section 455B.392, subsections 5 and 6, Code 2009,
  1 25 are amended to read as follows:
  1 26    5.  Money collected pursuant to this section, except for
  1 27 subsection 1A, shall be deposited in the hazardous waste
  1 28 remedial fund created in section 455B.423.  Moneys shall be
  1 29 used to reimburse governmental subdivisions requested to
  1 30 assist in the cleanup for which the moneys were collected.
  1 31 The remainder of the moneys shall be used in the manner
  1 32 permitted for the fund.
  1 33    6.  This section does not deny any person any legal or
  1 34 equitable rights, remedies or defenses or affect any legal
  1 35 relationship other than the legal relationship between the
  2  1 state or political subdivision and a person having control
  2  2 over a hazardous substance pursuant to subsection 1 and
  2  3 subsection 1A.
  2  4                           EXPLANATION
  2  5    This bill relates to the reimbursement of hazardous
  2  6 substance cleanup costs.
  2  7    The bill requires strict liability for a person having
  2  8 control over a hazardous substance to a political subdivision
  2  9 for reasonable cleanup costs incurred by the political
  2 10 subdivision participating in the prevention or mitigation of
  2 11 damages due to the failure of the person to clean up a
  2 12 hazardous substance involved in a hazardous condition caused
  2 13 by that person.
  2 14    The bill makes conforming amendments.
  2 15 LSB 1203HH 83
  2 16 tm/sc/14.1