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| 1 | AMENDMENT TO SENATE BILL 3320
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| 2 | AMENDMENT NO. ______. Amend Senate Bill 3320 on page 24, | ||||||
| 3 | immediately below line 19, by inserting the following:
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| 4 | "(4) The disposal of soil that does not exceed | ||||||
| 5 | industrial/commercial property remediation objectives, but | ||||||
| 6 | that does exceed residential property remediation | ||||||
| 7 | objectives, if industrial/commercial property remediation | ||||||
| 8 | objectives were used pursuant to subdivision (c)(3)(A)(ii) | ||||||
| 9 | of Section 57.7 of this Act and the owner or operator | ||||||
| 10 | demonstrates that (i) the contamination is the result of | ||||||
| 11 | the release for which the owner or operator is eligible to | ||||||
| 12 | seek payment from the Fund and (ii) disposal of the soil is | ||||||
| 13 | necessary as a result of construction activities conducted | ||||||
| 14 | after the issuance of a No Further Remediation Letter on | ||||||
| 15 | the site where the release occurred, including, but not | ||||||
| 16 | limited to, the following: tank, line, or canopy repair, | ||||||
| 17 | replacement, or removal; building upgrades; sign | ||||||
| 18 | installation; and water or sewer line replacement. | ||||||
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| 1 | (5) The disposal of water exceeding groundwater | ||||||
| 2 | remediation objectives that is removed from an excavation | ||||||
| 3 | on the site where the release occurred if a groundwater | ||||||
| 4 | ordinance is used as an institutional control pursuant to | ||||||
| 5 | subdivision (c)(3)(A)(iii) of Section 57.7 of this Act, or | ||||||
| 6 | if an on-site groundwater use restriction is used as an | ||||||
| 7 | institutional control pursuant to subdivision | ||||||
| 8 | (c)(3)(A)(iv) of Section 57.7, and the owner or operator | ||||||
| 9 | demonstrates that (i) the excavation is located within the | ||||||
| 10 | measured or modeled extent of groundwater contamination | ||||||
| 11 | resulting from the release for which the owner or operator | ||||||
| 12 | is eligible to seek payment from the Fund and (ii) disposal | ||||||
| 13 | of the groundwater is necessary as a result of construction | ||||||
| 14 | activities conducted after the issuance of a No Further | ||||||
| 15 | Remediation Letter on the site where the release occurred, | ||||||
| 16 | including, but not limited to, the following: tank, line, | ||||||
| 17 | or canopy repair, replacement, or removal; building | ||||||
| 18 | upgrades; sign installation; and water or sewer line | ||||||
| 19 | replacement.".
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