S.F. _____ H.F. _____ Section 1. Section 29C.8A, subsection 1, Code 2011, is 1 amended to read as follows: 2 1. An emergency response fund is created in the state 3 treasury. The first one hundred thousand dollars received 4 annually by the treasurer of state for the civil penalties 5 and fines imposed by the court pursuant to sections 455B.146 , 6 455B.191 , 455B.386 , 455B.417 , 455B.454 , 455B.466 , and 455B.477 7 shall be deposited in the waste volume reduction and recycling 8 fund created in section 455D.15 . The next hundred thousand 9 dollars shall be deposited in the emergency response fund and 10 any additional moneys shall be deposited in the household 11 hazardous waste account. All moneys received annually by 12 the treasurer of the state for the fines imposed by sections 13 716B.2 , 716B.3 , and 716B.4 shall also be deposited in the 14 emergency response fund. 15 Sec. 2. Section 161.2, subsections 1, 2, 5, 6, 11, 14, and 16 15, Code 2011, are amended to read as follows: 17 1. “Action level” means the same as defined in section 18 455B.602 cleanup standards provided in section 455H.201 . 19 2. “Active site cleanup” means the same as defined in 20 section 455B.602 treating, dispersing, removing, or disposing 21 of contamination located in soil or water, including but not 22 limited to excavating soil or installing institutional or 23 technological controls to water quality . 24 5. “Contaminated site” means the same as defined in section 25 455B.602 a site upon which contamination has been discovered . 26 6. “Contamination” means the same as defined in section 27 455B.602 the presence of one or more pesticides or the presence 28 of fertilizer in soil or groundwater at levels above those 29 levels that would result from normal field application rates or 30 above background levels . 31 11. “Passive site cleanup” means the same as defined in 32 section 455B.602 the removal or treatment of a contaminant in 33 soil or water through management practices or the construction 34 of barriers, trenches, and other similar facilities for 35 -1- LSB 1195DP (6) 84 tm/nh 1/ 6

S.F. _____ H.F. _____ prevention of contamination, as well as the use of natural 1 processes such as groundwater recharge, natural decay, and 2 chemical or biological decomposition . 3 14. “Remediation” means the same as defined in section 4 455B.602 . a process used to protect the public health and 5 safety or the environment from contamination, including by 6 doing all of the following: 7 a. Controlling, containing, or stabilizing the effects 8 caused by a prohibited release. 9 b. Investigating, identifying, or analyzing a contaminant or 10 a contamination source; collecting samples, including soil and 11 water samples; assessing the condition of a site; monitoring 12 a contaminated site; providing for structural testing; or 13 providing for engineering services. 14 c. Providing for site cleanup. 15 15. “Responsible person” means the same as defined 16 in section 455B.602 a person who is legally liable for 17 contamination or who is legally responsible for abating 18 contamination under any applicable law, including chapters 19 455B and 455E and the common law . “Responsible person” may 20 include a person causing, allowing, or otherwise participating 21 in the activities or events which cause contamination, persons 22 who have failed to conduct their activities so as to prevent 23 the release of contaminants into groundwater, persons who are 24 obligated to abate a condition, or persons responsible for or 25 a successor to such persons. “Responsible person” does not 26 include a person who caused contamination by acting in a manner 27 unauthorized by the owner of the pesticide or fertilizer, 28 including a person who trespasses upon a site. 29 Sec. 3. Section 161.2, Code 2011, is amended by adding the 30 following new subsection: 31 NEW SUBSECTION . 3A. “Background levels” means 32 concentrations of a contaminant generally present in the 33 environment in the vicinity of a site or an affected area and 34 not the result of release. 35 -2- LSB 1195DP (6) 84 tm/nh 2/ 6

S.F. _____ H.F. _____ Sec. 4. Section 161.5, Code 2011, is amended to read as 1 follows: 2 161.5 Remediation standards. 3 Remediation conducted pursuant to a plan of remediation 4 incorporated within a remediation agreement as required in 5 section 161.8 shall be performed according to standards adopted 6 by the department of natural resources pursuant to section 7 455B.601 455H.201 . 8 Sec. 5. Section 455B.104, subsection 1, Code 2011, is 9 amended to read as follows: 10 1. The department shall either approve or deny a permit 11 to a person applying for a permit under this chapter within 12 six months from the date that the department receives a 13 completed application for the permit. An application which 14 is not approved or denied within the six-month period shall 15 be approved by default. The department shall issue a permit 16 to the applicant within ten days following the date of 17 default approval. However, this subsection shall not apply to 18 applications for permits which are issued under division II or 19 division IV, parts 2 through 7 5 . 20 Sec. 6. Section 455B.411, subsections 5 through 11, Code 21 2011, are amended by striking the subsections. 22 Sec. 7. Section 455B.426, subsection 2, Code 2011, is 23 amended to read as follows: 24 2. The director shall investigate all known or suspected 25 hazardous waste or hazardous substance disposal sites and 26 determine whether each site should be included in the registry. 27 In the evaluation of known or suspected hazardous waste or 28 hazardous substance disposal sites, the director may enter 29 private property and perform tests and analyses in the manner 30 provided in section 455B.416 . 31 Sec. 8. Section 455B.426, Code 2011, is amended by adding 32 the following new subsections: 33 NEW SUBSECTION . 3. Beginning July 1, 2011, a new site shall 34 not be placed on the registry of confirmed hazardous waste or 35 -3- LSB 1195DP (6) 84 tm/nh 3/ 6

S.F. _____ H.F. _____ hazardous substance disposal sites. 1 NEW SUBSECTION . 4. A site placed on the registry of 2 confirmed hazardous waste or hazardous substance disposal sites 3 prior to July 1, 2011, shall be removed upon the execution of 4 a uniform environmental covenant pursuant to the provisions 5 of chapter 455I relating to the contaminated portions of the 6 property listed on the registry. A site may also be removed 7 from the registry pursuant to section 455B.427, subsection 4. 8 NEW SUBSECTION . 5. If no sites remain listed on the 9 registry of confirmed hazardous waste or hazardous substance 10 disposal sites, the department shall recommend to the general 11 assembly the repeal of this section and sections 455B.427 12 through 455B.432. 13 Sec. 9. Section 455D.15, subsection 3, paragraph a, Code 14 2011, is amended by striking the paragraph. 15 Sec. 10. Section 455H.102, Code 2011, is amended to read as 16 follows: 17 455H.102 Scope. 18 The environmental remediation standards established under 19 this chapter shall be used for any response action or other 20 site assessment or remediation that is conducted at a site 21 enrolled pursuant to this chapter notwithstanding provisions 22 regarding water quality in chapter 455B, division III ; 23 hazardous conditions in chapter 455B, division IV, part 4 ; 24 hazardous waste and substance management in chapter 455B, 25 division IV, part 5 ; underground storage tanks, other than 26 petroleum underground storage tanks, in chapter 455B, division 27 IV, part 8 ; contaminated sites in chapter 455B, division VIII ; 28 and groundwater protection in chapter 455E . 29 Sec. 11. Section 558.69, subsection 1, paragraph e, Code 30 2011, is amended to read as follows: 31 e. That no known hazardous waste as defined in section 32 455B.411, subsection 3 , or listed by the department pursuant 33 to section 455B.412, subsection 1 , exists on the property, or 34 if known hazardous waste does exist, that the waste is being 35 -4- LSB 1195DP (6) 84 tm/nh 4/ 6

S.F. _____ H.F. _____ managed in accordance with rules adopted by the department of 1 natural resources. 2 Sec. 12. Section 716B.1, subsections 5 and 6, Code 2011, are 3 amended to read as follows: 4 5. “Storage” or “store” means storage as defined in section 5 455B.411, subsection 9 the containment of a hazardous waste, 6 either on a temporary basis or for a period of years, in a 7 manner that does not constitute disposal of the hazardous 8 waste . 9 6. “Treatment” or “treat” means treatment as defined 10 in section 455B.411, subsection 10 a method, technique, or 11 process, including neutralization, designed to change the 12 physical, chemical, or biological character or composition of a 13 hazardous waste so as to neutralize the waste or to render the 14 waste nonhazardous, safer for transport, amenable for recovery, 15 amenable for storage, or to reduce the waste in volume . 16 “Treatment” includes any activity or processing designed to 17 change the physical form or chemical composition of hazardous 18 waste to render the waste nonhazardous. 19 Sec. 13. REPEAL. Sections 455B.116, 455B.241, 455B.242, 20 455B.243, 455B.244, 455B.245, 455B.246, 455B.312, 455B.316, 21 455B.412, 455B.413, 455B.414, 455B.415, 455B.416, 455B.417, 22 455B.418, 455B.419, 455B.420, 455B.421, 455B.441, 455B.442, 23 455B.443, 455B.444, 455B.445, 455B.446, 455B.447, 455B.448, 24 455B.449, 455B.450, 455B.451, 455B.452, 455B.453, 455B.454, 25 455B.455, 455B.461, 455B.462, 455B.463, 455B.465, 455B.466, 26 455B.467, 455B.468, 455B.504, 455B.601, and 455B.602, Code 27 2011, are repealed. 28 Sec. 14. REPEAL. Section 455D.8, Code 2011, is repealed. 29 EXPLANATION 30 This bill relates to solid waste, sewage works, hazardous 31 waste, infectious medical waste, and pesticide and fertilizer 32 contamination. 33 The bill repeals Code sections relating to the pollution 34 hotline program; sewage works construction; the waste 35 -5- LSB 1195DP (6) 84 tm/nh 5/ 6

S.F. _____ H.F. _____ abatement program; a penalty for making a false statement or 1 representation in a solid waste comprehensive plan; certain 2 duties of the department of natural resources related to 3 hazardous waste and substance management including the issuance 4 of hazardous waste treatment, storage, or disposal facility 5 permits; hazardous waste sites and facilities; disposal 6 of hazardous waste on land; permit requirements for owners 7 and operators of an infectious medical waste collection 8 or transportation operation; and pesticide and fertilizer 9 contaminated sites. The bill makes necessary conforming 10 amendments. 11 The bill provides that, beginning July 1, 2011, a new site 12 shall not be placed on the registry of confirmed hazardous 13 waste or hazardous substance disposal sites. The bill provides 14 that a site placed on the registry of confirmed hazardous 15 substance or hazardous disposal sites prior to July 1, 2011, 16 shall be removed upon the execution of a uniform environmental 17 covenant or through the proper closure of the site. The bill 18 provides that if no sites remain listed on the registry of 19 confirmed hazardous waste or hazardous disposal sites, the 20 department of natural resources shall recommend to the general 21 assembly the repeal of Code sections 455B.426 through 455B.432, 22 relating to the registry. 23 -6- LSB 1195DP (6) 84 tm/nh 6/ 6