HCS/HB 1970 - The act makes it clear that in the event a hazardous substance release occurs and subsequent clean up is conducted by a political subdivision or volunteer fire protection district, the person having control over such substance shall be responsible for reasonable and necessary clean up costs. An itemized list of such costs shall be submitted to the responsible person no later than sixty days after the completion of the clean up. If such a statement is disputed by the responsible person, the burden of proof shall lie with the political subdivision or volunteer fire protection district to document and justify the costs listed in the statement. The act extends the time frame under which an appeal shall be ruled on, from thirty days of the appeal notification to sixty days. The act exempts owners of anhydrous ammonia from liability in the event that an anhydrous ammonia release occurs as a result of tampering and requires clean up.
The act provides that any person who negligently damages or destroys any field crop product shall be liable only for compensatory damages. The act directs the court to consider both the market value of the crop and the actual damages incurred when awarding damages.
The act is similar to provisions in HCS/SCS/SB 773 (2006).
MEGAN WORD