SB 315 – Modifies provisions pertaining to cleanup of hazardous waste spills, liability for crop damage, and the voluntary permitting of certain agricultural operations

• Sponsor: Clemens
• LR Number: 1293L.02C
• Committee: Agriculture, Conservation, Parks & Natural Resources
• Last Action: 5/17/2007 - H Third Read and Passed
• Journal Page: H2238-2239 / S1976-1978
• Title: HCS SB 315
• Effective Date: August 28, 2007
• House Handler: Munzlinger

Current Bill Summary

HCS/SB 315 - 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.

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 directs the Department of Natural Resources to establish design, construction, and operating regulations for concentrated animal feeding operations (CAFOs) that are not otherwise required to have a permit from the Department but that choose to be regulated on a voluntary basis. Permits issued to voluntarily-regulated CAFOs may not be terminated by the CAFO and remain in effect until the permit expires, the CAFO ownership changes, or when the Department's authorizes a permit termination. Participation as a voluntarily-regulated CAFO does not make the CAFO ineligible for State Revolving Loan Funds.

This act has provisions similar to provisions in HCS/HB 343 (2007), HB 344 (2007), SB 316 (2007), SB 570 (2007) and SB 1158 (2006).

ERIKA JAQUES