SB 316 Exempts owners of anhydrous ammonia from certain cleanup costs when caused by illegal tampering
Sponsor: Clemens
LR Number: 1291S.01I Fiscal Note: 1291-01
Committee: Agriculture, Conservation, Parks & Natural Resources
Last Action: 2/6/2007 - SCS Voted Do Pass S Agriculture, Conservation, Parks & Natural Resources Committee (1291S.02C) Journal Page:
Title: Calendar Position:
Effective Date: August 28, 2007

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Current Bill Summary


SCS/SB 316 - Current law makes an owner of a released hazardous substance liable for reasonable cleanup costs. This act adds the requirement that the costs for which the owner is liable also be "necessary." The act removes language requiring the liability for clean up costs to only apply when the costs are incurred to secure an emergency situation.

The act specifies a 60-day timeframe in which the political subdivision or volunteer fire protection association involved in the cleanup must submit the itemized statement of costs to the owner of the released substance.

In the event of an appeal by the owner of the released hazardous substance, the burden of proof is on the political subdivision or volunteer fire protection association to justify the cleanup costs.

The act increases the timeframe from 30 days to 60 days in which the Director of the Department of Natural Resources must notify the involved parties of his or her decision regarding an appeal.

An owner of anhydrous ammonia shall not be responsible for the cleanup costs associated with an anhydrous ammonia release caused by a person who illegally tampered with the owner's anhydrous ammonia.

This act is similar to HB 343 (2007) and SB 1158 (2006).

ERIKA JAQUES