SB 796 Voluntary remediation of hazardous substances.
Kenneth W. Stolle | all patrons    ...    notes
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Voluntary remediation of hazardous substances. Directs the Department of Environmental Quality to promulgate regulations to allow persons who own, operate, have a security interest in or enter into a contract for the purchase of contaminated property to voluntarily remediate releases of hazardous substances, hazardous wastes, solid wastes, or petroleum. The regulations are to apply when remediation has not already been mandated by DEQ, the Environmental Protection Agency, or a court. The regulations are to establish: (i) remediation standards which are no more stringent than federal standards, (ii) procedures which minimize the delay and expense of remediation, and (iii) procedures to waive or expedite issuance of permits which may be needed for the remediation. The regulations are also to provide for certifications of satisfactory completion of remediation. This certification would render the remediator immune to enforcement actions under the State Water Control Law, state air pollution laws, or other applicable state law. The regulations are to be promulgated to be in effect by July 1, 1997, and the Director is to allow voluntary remediation on a case-by-case basis until then. The bill also authorizes DEQ to seek such temporary access to property other than where the release occurred as may be necessary to accomplish the remediation. If a property owner denies such access to DEQ, a presumption is created that the property owner waives all rights, claims and causes of action arising after the denial against the remediator. This bill is identical to House Bill 1847.

Full text:
01/18/95  Senate: Presented & ordered printed LD3765739  pdf
01/25/95  Senate: Printed as engrossed LD3765739-E  pdf
02/24/95  Senate: Bill text as passed Senate and House (SB796ER)  pdf
03/31/95  Governor: Acts of Assembly Chapter text (CHAP0609)  pdf

Senate amendments

01/18/95  Senate: Presented & ordered printed LD3765739
01/18/95  Senate: Referred to Committee on Agriculture, Conservation and Natural Resources
01/23/95  Senate: Reported from A. C. & N. R. w/amds. (14-Y 0-N)
01/24/95  Senate: Constitutional reading dispensed (40-Y 0-N)
01/24/95  Senate: VOTE: CONST. READING DISPENSED (40-Y 0-N)
01/25/95  Senate: Read second time
01/25/95  Senate: Reading of amendments waived
01/25/95  Senate: Committee amendments agreed to
01/25/95  Senate: Engrossed by Senate as amended
01/25/95  Senate: Printed as engrossed LD3765739-E
01/26/95  Senate: Read third time and passed Senate (39-Y 0-N)
01/26/95  Senate: VOTE: PASSAGE (39-Y 0-N)
01/26/95  Senate: Communicated to House
01/27/95  House: Placed on Calendar
01/30/95  House: Read first time
01/30/95  House: Referred to Committee on Conservation and Natural Resources
02/13/95  House: Assigned to C. N. R. sub-committee: Ad Hoc
02/15/95  House: Reported from Cons. & Natural Resources (16-Y 6-N)
02/16/95  House: Read second time
02/17/95  House: Read third time
02/17/95  House: Passed House (74-Y 21-N)
02/17/95  House: VOTE: PASSAGE (74-Y 21-N)
02/24/95  Senate: Bill text as passed Senate and House (SB796ER)
02/27/95  Senate: Enrolled
02/28/95  House: Signed by Speaker
03/01/95  Senate: Signed by President
03/25/95  Governor: Approved by Governor-Chapter 609 (effective 7/1/95)
03/31/95  Governor: Acts of Assembly Chapter text (CHAP0609)