The proposed bill would update current statutes by introducing new definitions and obligations for "prospective remediators" and "prospective remediator agreements" related to contaminated sites on the Water Quality Assurance Revolving Fund (WQARF) registry. This addition aims to establish a legal framework for prospective purchasers who wish to engage in remediation without acquiring ownership of the contaminated property. The bill would also modify existing definitions, such as "hazardous substance," to clarify exclusions and introduce new provisions that emphasize biostimulation and bioaugmentation techniques in remedial actions.
Furthermore, the bill would amend the conditions under which the Department can issue written releases and covenants not to sue to prospective purchasers or remediators, ensuring they possess the necessary technical and financial capabilities. It would clarify liability protections for these parties concerning existing contamination and outline requirements for agreements, including public notice and the ability to charge fees for processing. Overall, the bill seeks to enhance the legal framework surrounding environmental remediation, streamline the process, and ensure accountability while maintaining existing provisions marked as
.Statutes affected:
Introduced Version: 49-281, 49-282, 49-285.01, 49-289.03, 49-292, 49-292.01, 49-292.02, 49-287.01, 49-282.06, 49-201, 49-1001, 49-283.02, 49-282.05, 49-285, 49-287.06, 49-287.07, 49-287.02, 49-225, 45-605, 49-282.04, 30-651, 30-656, 49-287.04, 3-272, 3-351, 42-5302, 45-616, 49-209, 49-929, 49-930, 42-5029, 43-206, 45-618, 35-190, 49-282.02, 49-282.03, 35-111, 49-151, 49-152, 49-287.03
House Engrossed Version: 49-281, 49-282, 49-285.01, 49-289.03, 49-292, 49-292.01, 49-292.02, 49-287.01, 49-282.06, 49-201, 49-1001, 49-283.02, 49-282.05, 49-285, 49-287.06, 49-287.07, 49-287.02, 49-225, 45-605, 49-282.04, 30-651, 30-656, 49-287.04, 3-272, 3-351, 42-5302, 45-616, 49-209, 49-929, 49-930, 42-5029, 43-206, 45-618, 35-190, 49-282.02, 49-282.03, 35-111, 49-151, 49-152, 49-287.03