General Assembly: 78 (2000 Regular GA) - Chapter 1184 - Remediation of agrichemical sites


Published: 2000

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541 LAWS OF THE SEVENTY-EIGHTH G.A., 2000 SESSION CH. 1184

Sec. 2. CERTIFICATION PROGRAM REPORT. The board of veterinary medicine shall, prior to the implementation of the veterinary clinic certification program pursuant to sec- tion 1 of this Act, submit a report to the general assembly prior to January 1, 2001, regarding the status of the board's development of the certification program. The report shall include the criteria to be used for certification, the methods and procedures to be used in the certifi- cation process, the anticipated cost of operating the certification program, the estimated certification fee to be charged each clinic, and the general manner of implementation of the program.

Sec. 3. EFFECTIVE DATE. Section 1 of this Act, amending section 169.5, takes effect July 1,2001.

Approved May 15,2000

CHAPTER 1184 REMEDIATION OF AGRICHEMICAL SITES

S.F.466

AN ACT relating to the remediation of agrichemical sites, and establishing a fund.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. NEW SECTION. 161.1 TITLE. This section shall be known and may be cited as the "Iowa Agrichemical Remediation Act".

Sec. 2. NEW SECTION. 161.2 DEFINITIONS. 1. "Action level" means the same as defined in section 455B.602. 2. "Active site cleanup" means the same as defined in section 455B.602. 3. "Agrichemical" means a fertilizer or pesticide. 4. "Board" means the agrichemical remediation reimbursement board l created under

section 161.3. 5. "Contaminated site" means the same as defined in section 455B.602. 6. "Contamination" means the same as defined in section 455B.602. 7. "Department" means the department of agriculture and land stewardship. 8. "Fertilizer" means a fertilizer or soil conditioner as defined in section 200.3. 9. "Fertilizer site" means a place where containers used for storing or mixing a fertil-

izer,2 if any of the following applies: a. The container holds one thousand gallons or more of a liquid fertilizer or one thou-

sand pounds or more of a dry fertilizer. b. The container is in the process of being transported. 10. "Fund" means the agrichemical remediation fund created under section 161.8. 11. "Passive site cleanup" means the same as defined in section 455B.602. 12. "Pesticide" means a pesticide as defined in section 206.2. 13. "Pesticide site" means a place where a container used for storing or mixing a pesticide

is located, if any of the following applies: a. The container holds fifty gallons or more of a liquid pesticide or two hundred pounds or

more of a dry pesticide. b. The container is in the process of being transported. 14. "Prohibited release" means the same as defined in section 455B.602. 15. "Remediation" means the same as defined in section 455B.602.

I Agrichemical remediation board probably intended , According to enrolled Act

CH.1184 LAWS OF THE SEVENIT-EIGHTH G.A., 2000 SESSION 542

16. "Responsible person" means the same as defined in section 455B.602. 17. "Site" means a fertilizer site or a pesticide site.

Sec. 3. NEW SECTION. 161.3 AGRICHEMICAL REMEDIATION BOARD. 1. An agrichemical remediation board is established within the department consisting of

seven voting members. 2. The members shall include all of the following: a. Two public officials who shall include the following: (1) The secretary of agriculture or the secretary's designee. (2) The director of the department of natural resources, or the director's designee. b. Five members appointed by the secretary of agriculture. The members shall include all

of the following: (1) One member who is actively engaged in selling agricultural products on a retail basis,

or who represents an association of members actively engaged in selling such products. (2) One member who is actively engaged in producing agricultural crops. (3) One member who is actively engaged in the distribution of agrichemicals or who is a

representative of an association of members actively engaged in the distribution of agrichemicals.

(4) One person who is actively engaged in the manufacture or distribution of fertilizers or who is a representative of an association of members actively engaged in the manufacture or distribution of fertilizers.

(5) One person who is a pesticide registrant actively engaged in the manufacture and distribution of pesticides as provided in section 206.12 or who represents an association of members licensed as pesticide registrants.

3. The appointed members shall serve terms of three years beginning and ending as provided in section 69.19. However, the secretary shall appoint initial members to serve for less than three years to ensure members serve staggered terms. Appointments to the board shall be based upon the training, experience and capacity of the appointees, and not upon political considerations, other than as provided in sections 69.16 and 69.16A.

a. A vacancy on the board shall be filled in the same manner as an original appointment. A person appointed to fill a vacancy shall serve only for the unexpired portion of the term. An appointed member is eligible for reappointment.

b. An appointed member may be removed from office by the secretary for misfeasance, malfeasance, willful neglect of duty, or other just cause, after notice and hearing, unless the notice and hearing is expressly waived in writing.

c. The appointed members shall receive a per diem as specified in section 7E.6 for each day spent in performance of duties as members, and shall be reimbursed for all actual and necessary expenses incurred in the performance of duties as members.

4. The board shall elect a chairperson each year. The board shall meet on a regular basis and at the call of the chairperson or upon the written request to the chairperson of two or more members.

5. The department shall staff the board.

Sec. 4. NEW SECTION. 161.4 BOARD POWERS AND DUTIES. The board shall have all powers necessary to carry out the functions and duties specified

for the board as provided in this chapter. The board shall do all of the following: 1. Execute remediation agreements with eligible persons as provided in section 161.9. 2. Review and determine the eligibility of responsible persons under section 161.9 and

claims under section 161.10, and approve administrative costs of the department paid from the fund. Of the moneys appropriated from the fund under section 161.8, for each fiscal year the department may expend at least sixty-five thousand dollars for purposes of administer- ing this chapter, including the support of a full-time equivalent position as defined in section 8.36A. However, if more than sixty-five thousand dollars is required in order to administer

543 LAWS OF THE SEVENTY-EIGHTH G.A., 2000 SESSION CH. 1184

this chapter, the total amount which the department may expend from the fund during any fiscal year for administering this chapter shall not exceed five percent of the balance of the fund on the day of the year of its greatest balance or one hundred fifty thousand dollars, whichever is less.

3. Consult with the department in the adoption of rules necessary for the administration of this chapter. The rules of the department shall contain the rules of the board adopted for its organization, procedures, programs, and requirements as required in this chapter. The rules shall provide for all of the following:

a. The board's organization and parliamentary procedures. b. Procedures for paying claims as provided in section 161.10. 4. Approve any contract with a person for assuring that remediation is performed in

accordance with the provisions of a remediation agreement as provided in section 161.9.

Sec. 5. NEW SECTION. 161.5 REMEDIATION STANDARDS. Remediation conducted pursuant to a plan of remediation incorporated within a

remediation agreement as required in section 161.9 shall be performed according to stan- dards adopted by the department of natural resources pursuant to section 455B.60 1.

Sec. 6. NEW SECTION. 161.6 PRIORITIZATION. 1. The board may adopt rules to establish criteria for the classification and prioritization

of sites upon which contamination has been discovered, subject to a plan for remediation as provided in section 161.9.

2. A contaminated site shall be classified as either high, medium, or low priority. a. A site shall be considered high priority under any of the following conditions: (1) Groundwater contamination exceeds action levels and is affecting or likely to affect

groundwater used as a drinking water source. (2) Contamination is affecting or likely to affect surface water bodies to a level which

exceeds surface water quality standards under section 455B.I73. (3) Contamination is discovered in an ecologically sensitive area. An ecologically sensi-

tive area is one which is designated by the department. b. A site shall be considered medium priority if contamination of groundwater exceeds

action levels, but does not meet the criteria for classification as a high priority site. c. A site shall be considered low priority under any of the following conditions: (1) If soil contamination exists at the site, but no groundwater contamination exists at

the site. (2) If soil contamination exists and groundwater contamination has been discovered, but

is below action levels. 3. A site shall be reclassified as a site with a higher or lower classification when the site

falls within a higher or lower classification, as provided in a plan for remediation pursuant to section 161.9.

4. The remediation of a site classified under this section shall be administered as follows: a. For a high priority site, soil and groundwater site cleanup shall include active

remediation where technically feasible, until such time as the groundwater contamination levels are below action levels.

b. For a medium priority site, the remediation shall include either monitoring or active or passive site cleanup as determined by the department on a site-by-site basis upon consider- ing the findings of the plan of remediation. However, the remediation shall at least be the same remediation required if the site were classified as a low priority site.

c. For a low priority site, the remediation shall include active site cleanup, if the site cleanup would be more practical and cost-effective than monitoring. If active site cleanup for soil is undertaken, no further action shall be required on the site. If active site cleanup for soil is not undertaken, the site shall be monitored, for a specified period of time as deter- mined by the department.

CH. 1184 LAWS OF THE SEVENTY-EIGHTH G.A., 2000 SESSION 544

5. Contaminated groundwater and soil shall be applied on land in accordance with rules adopted by the department. The application rate shall not exceed a level which precludes the resumption of normal farming practices within a two-year period.

6. This chapter does not affect the ability of the department or the United States environ- mental protection agency to require monitoring or remediation on sites that are placed on the national priorities list pursuant to the federal Comprehensive Environmental Response, Compensation and Liability Act.

Sec. 7. NEW SECTION. 161.8 AGRICHEMICAL REMEDIATION FUND. 1. An agrichemical remediation fund is created within the state treasury under the con-

trol of the department. 2. The fund shall consist of any moneys appropriated by the general assembly for place-

ment in the fund, and moneys available to and obtained or accepted by the department from the federal government or private sources for placement in the fund.

3. Moneys in the fund are appropriated exclusively to support agrichemical remediation as provided in this chapter, including the payment of claims under section 161.10 and the administration of this chapter by the board and the department.

4. The treasurer of state shall act as custodian of the fund and disburse amounts con- tained in the fund as directed by the department, in consultation with the board. The trea- surer of state is authorized to invest the moneys deposited in the fund. The income from such investment shall be credited to and deposited in the fund. Notwithstanding section 8.33, moneys in the fund are not subject to reversion to the general fund of the state. The fund shall be administered by the department which shall make expenditures from the fund consistent with the purposes set out in this chapter. The moneys in the fund shall be disbursed upon warrants drawn by the director of revenue and finance pursuant to the order of the department. The finances of the fund shall be calculated on an accrual basis in accordance with generally accepted accounting principles. The auditor of state shall regu- larly perform audits of the fund.

Sec. 8. NEW SECTION. 161.9 REMEDIATION AGREEMENT. 1. A person is not required to comply with the requirements of this chapter, including the

remediation of a site, unless the person is a responsible person who executes a remediation agreement with the board, as provided in this section. The remediation agreement shall provide for all of the following:

a. The terms and conditions required to perform remediation under a plan of remediation as provided in this section, and the payment of claims as provided in section 161.10.

b. A plan for remediation of a site where contamination has been discovered. The plan shall provide procedures for a remediation of the contaminated site, a schedule for providing for the remediation of the site according to remediation standards provided in section 161.5, and the classification and prioritization of sites as provided in section 161.6. The plan may be amended at any time, if approved by the department, if the amendment to the agreement is executed by the responsible person and the board. The plan shall be developed by the responsible person and approved by the department for each site subject to the agreement. The plan shall include all of the following:

(1) A determination as to the extent of the existing soil, groundwater, or surface water contamination.

(2) The proximity of the contamination and the likelihood that the contamination will affect a drinking water well.

(3) The characteristics of the site and the potential for migration of the contamination. (4) Whether the site is classified as a high, medium, or low priority site, as provided in

section 161.6. The department may require that an initial plan of remediation be submitted prior to

execution of a remediation agreement. The department may require that the initial plan

545 LAWS OF THE SEVENTY-EIGHTH G.A., 2000 SESSION CH. 1184

recommend whether a site be classified as a high or medium priority site. The department may require further investigation be conducted to determine the extent of the remediation which should be conducted on the site.

2. a. The department, upon approval of the board, may contract with a person in order to do any of the following:

(1) Consult with the department and the board in reviewing a remediation agreement, including but not limited to investigating a site or recommending approval or denial of a plan for remediation.

(2) Ensure compliance with the plan for remediation as provided in this section. The person may be authorized to provide a statement to a responsible person, stating that the person is eligible for payment of a claim submitted from the fund as provided in section 161.10.

b. The department may execute the contract with a private individual or entity or a state and local government as provided in chapter 28E.

3. A responsible person is eligible to execute a remediation agreement under this section, if the board determines that all of the following apply:

a. The responsible person is not subject to any of the following: (1) A pending criminal adjudication against the responsible person relating to the con-

tamination. (2) Criminal sanctions imposed against the responsible person relating to the contami-

nation. b. Any of the following: (1) The responsible person performed reasonable measures necessary for the immediate

abatement of any prohibited release. (2) The responsible person has complied or is in the process of complying in a timely

manner with orders issued by the state or federal government for remediation of the con- taminated site.

4. Unless the department has cause to believe that the responsible person is not eligible, the department shall provide a statement to the responsible person upon request. The state- ment shall be printed on forms prescribed by the board. The statement shall verify that to the extent of the department's knowledge, the responsible person is eligible under this sec- tion. The board may use the statement as evidence of eligibility. The board shall provide the statement with any weight determined appropriate by the board.

5. The state, a state agency, a political subdivision of the state, or federal government, or an agency of the federal government, is not eligible to submit a claim to the board for reimbursement from the fund.

Sec. 9. NEW SECTION. 161.10 PAYMENT OF CLAIMS. 1. The board shall approve a claim against the fund to pay for remediation of a contami-

nated site, if all of the following apply: a. The claim is made in a manner and according to procedures contained in a remediation

agreement executed by the board and the eligible person and rules adopted by the board. b. The person who has executed a remediation agreement with the board and is filing the

claim is a responsible person eligible under section 161.9. c. The claim includes all of the following: (1) Evidence of the contamination, including affidavits of experts, photographs, or docu-

mentation by federal or state agencies including the department of natural resources. (2) The total amount required to pay for all costs related to remediating the site as per-

formed by a qualified person according to a business invoice. The business invoice shall be accompanied by supporting evidence.

(3) Information about any insurance policy required to indemnify the responsible person for costs associated with remediating the contaminated site, including a copy of the policy.

CH.1184 LAWS OFTHE SEVENTY-EIGHTH GA, 2000 SESSION 546

(4) The site has been remediated according to a plan of remediation approved by the department as provided in section 161.9.

(5) The claim is complete and accurate, and contains no false or misleading statements. (6) The approval by the department, in consultation with the board, of a comprehensive

plan by the responsible person for the prevention of future contamination at the site. 2. If the board approves a claim, the board shall reimburse the responsible person by

doing any of the following: a. Providing for the immediate payment of a claim, if the board determines that the con-

tamination causes a clear, present, and impending danger to the public health or the natural environment.

b. Providing for the ordinary payment of a claim as follows: (1) The board may pay the amount of the claim based on a final statement submitted by a

responsible person. The department, in consultation with the board, may establish guide- lines for reasonable and necessary charges for specific remediation procedures. Pay- ment shall not exceed these reasonable and necessary charges without prior approval of the board.

(2) Upon a determination that the claim is eligible for payment, the department shall provide for payment of the claim as provided in this subsection.

c. Withholding a portion of the payment as provided in the remediation agreement, for final payment when the department determines that the site has been monitored for a period necessary to ensure that remediation has been successful.

d. The amount of the claim shall be the total amount required to remediate the site subject to all of the following:

(1) A deduction of five thousand dollars. (2) A deduction in the amount of the insurance payments owed to or received by the

responsible person for indemnification of remediation costs. The amount of the insurance payments shall be applied first to satisfy the five thousand dollar deduction required in subparagraph (1).

(3) After making the deductions required in subparagraphs (1) and (2), the department shall provide for payment in the amount of ninety percent of claims up to one hundred thousand dollars, eighty percent of claims over one hundred thousand dollars, but not ex- ceeding two hundred thousand dollars, and seventy percent of claims over two hundred thousand dollars up to two hundred fifty thousand dollars.

(4) The amount of a claim shall not be more than two hundred fifty thousand dollars to pay the costs of remediating a contaminated site.

3. The board shall not provide payments from the fund until the board determines that the claim is reasonable and that the claimant has submitted all evidence necessary in order to support the claim and any expenditure of moneys from the fund. The board shall place conditions or requirements upon the payment of moneys from the fund in order to ensure that the moneys are used to provide remediation in compliance with a remediation plan required pursuant to section 161.9.

4. If at any time the department determines that there are insufficient moneys in the fund to make payment of all claims, the department shall pay claims according to the date that the claims are received by the department. To the extent that a claim cannot be fully satis- fied, the department shall order that the unpaid portion of the payment be deferred until the claim can be satisfied. However, the department shall not satisfy claims from moneys dedicated for the administration of the fund.

5. The department shall have a claim on behalf of the fund against any responsible person who files a claim in violation of this chapter for the amount paid for remediation. The responsible person shall be liable for damages. The moneys collected by the depart- ment under this subsection shall be deposited into the fund.

547 LAWS OF THE SEVENTY-EIGHTH G.A., 2000 SESSION CH. 1184

Sec. 10. NEW SECTION. 161.11 REPORT. The department in cooperation with the board shall submit a report to the general assem-

bly by January 10 of each odd-numbered year. The report shall provide a summary and a detailed accounting of the fund's financial condition, including expected revenue and ex- penses during the following two years.

Sec. 11. Section 455B.60 1, subsection 1, paragraph a, Code 1999, is amended by striking the paragraph.

Sec. 12. Section 455B.601, subsection 1, paragraph d, Code 1999, is amended to read as follows:

d. The corrective action response requirements A responsible person shall remediate a contaminated site according to standards established by rules adopted pursuant to chapter 17 A. Remediation for high, medium, or low priority sites shall be administered in accor- dance with the following:

(1) Soils and groundwaters on a high priority site shall be actively remediated subject to active cleanup, where technically feasible, until such time as the groundwater contamina- tion levels are below action levels.

(2) Remediation on a medium priority site shall include either monitoring or active or passive remediation and shall be site cleanup as determined by the department on a site-by-site basis based upon the findings of the site plan. Remediation on a medium priority site shall include at least that which would be required on a low priority site.

(3) (a) Active site cleanup for soil remediation shall be required on a low priority site if remediation would be more practical and cost-effective than monitoring.

(b) If active site cleanup for soil remediation on a low priority site is undertaken, no further action shall be required on the site.

(c) If active seil site remediation for soil is not undertaken on a low priority site, a ~ site shall be monitored, for a specified period of time as determined by the department.

Sec. 13. Section 455B.601, subsection 2, Code 1999, is amended to read as follows: 2. This section is applicable to all sites a site upon which contamination has been discov-

ered, unless corrective action one of the following applies: lli Remediation on a the site has already been approved by the department and imple-

mented. h.. A responsible person has executed a remediation agreement with the remediation re-

imbursement board 3 and the responsible person is remediating or has remediated the site pursuant to a plan of remediation as provided in chapter 161.

Sec. 14. NEW SECTION. 455B.602 DEFINITIONS. As used in this division: 1. "Action level" means action level as provided in 567 lAC ch. 133 or 137. 2. "Active site cleanup" means treating, dispersing, removing, or disposing of contamina-

tion located in soil or water, including, but not limited to, excavating soil or installing institutional or technological controls to water quality.

3. "Background levels" means concentrations of a contaminant generally present in the environment in the vicinity of a site or an affected area and not the result of release.

4. "Contaminated site" means a site upon which contamination has been discovered. 5. "Contamination" means the presence of one or more pesticides, as defined in section

206.2, or the presence of fertilizer, as defined in section 200.3, in soil or groundwater at levels above those that would result at normal field application rates or above background levels.

6. "Passive site cleanup" means the removal or treatment of a contaminant in soil or water through management practices or the construction of barriers, trenches, and other similar facilities for prevention of contamination, as well as the use of natural processes such as groundwater recharge, natural decay, and chemical or biological decomposition.

3 Agrichemical remediation board probably intended

CH. 1184 LAWS OFTHE SEVENTY-EIGHTH G.A., 2000 SESSION 548

7. "Remediation" means a process used to protect the public health and safety or the environment from contamination, including by doing all of the following:

a. Controlling, containing, or stabilizing the effects caused by a prohibited release. b. Investigating, identifying, or analyzing a contaminant or a contamination source;

collecting samples, including soil and water samples; assessing the condition of a site; monitoring a contaminated site; providing for structural testing; or providing for engineer- ing services.

c. Providing for site cleanup. 8. a. "Responsible person" means a person who is legally liable for the contamination or

who is legally responsible for abating contamination under any applicable law, including chapters 455B and 455E, and the common law. This may include a person causing, allow- ing, or otherwise participating in the activities or events which cause the contamination, persons who have failed to conduct their activities so as to prevent the release of contami- nants into groundwater, persons who are obligated to abate a condition, or persons respon- sible for or a successor to such persons.

b. "Responsible person" does not include a person who caused contamination by acting in a manner unauthorized by the owner of the pesticide or fertilizer, including a person who trespasses upon a site.

9. "Site cleanup" means measures used to contain, reduce, or eliminate contamination present at a site including by using active site cleanup or passive site cleanup measures, or complying with a correction action required or recommended by the department of natural resources or the United States environmental protection agency.

Sec. 15. FULL-TIME EQUIVALENT POSITIONS. There is authorized for the fiscal year beginning July 1, 2000, and ending June 30, 2001, the following full-time equivalent posi- tions within the department of agriculture and land stewardship, in order to support admin- istration of chapter 161, as enacted by this Act, in addition to any other full-time equivalent positions authorized by the Seventy-eighth General Assembly, 2000 Session, to support the department: ............................................................................................................. FTEs 2.00

Approved May 15,2000

CHAPTER 1185 MASSAGE THERAPY - LICENSING

S.F.2113

AN ACT relating to the licensing of individuals engaged in the healing art of massage therapy.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 147.2, Code 1999, is amended to read as follows: 147.2 LICENSE REQUIRED. A person shall not engage in the practice of medicine and surgery, podiatry, osteopathy,

osteopathic medicine and surgery, psychology, chiropractic, physical therapy, nursing, den- tistry, dental hygiene, optometry, speech pathology, audiology, occupational therapy, respi- ratory care, pharmacy, cosmetology, barbering, social work, dietetics, marital and family