HCS/HB 343 - 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" and must be incurred by a political subdivision or volunteer fire protection district to secure an emergency situation or to clean up hazardous substances. The act specifies a 60-day time frame 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. Certain requirements for the statement of costs are listed.
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 time frame 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.
This act is similar to SB 316 (2007) and SB 1158 (2006).
ERIKA JAQUES
SCA 1 - ADDS SB 124 (2007), WHICH CREATES THE LOCAL COMMUNITY RAIL SECURITY ACT OF 2007.