Section 260.445

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT

Chapter 260

Effective - 27 Jun 1983, see footnote   

  260.445.  Abandoned and uncontrolled sites, annual report, content — sent to whom. — 1.  The department shall, on or before January 1, 1984, and annually thereafter on January first of each succeeding year, transmit an updated report to the commission, the general assembly and the governor identifying every abandoned or uncontrolled hazardous waste disposal site in the state listed on the registry.  A copy of such report shall also be sent to the governing body of every county containing such a site.

  2.  Each annual report shall include, but need not be limited to, the following information for each site:

  (1)  A general description of the site, including the name and address of the site, the type and quantity of the hazardous waste disposed of at the site and the name of the current owners of the site;

  (2)  A summary of any significant environmental problems at and near the site;

  (3)  A summary of any serious health problems in the immediate vicinity of the site and any health problems deemed by the department to be related to conditions at the site;

  (4)  The status of any testing, monitoring or remedial actions in progress or recommended by the department;

  (5)  The status of any pending legal actions and any federal, state or local government permits concerning the site;

  (6)  The relative priority for remedial action at each site; and

  (7)  The proximity of the site to private residences, public buildings or property, school facilities, places of work or other areas where individuals may be regularly present.

  3.  In developing and maintaining the annual report, the department shall assess by January 1, 1984, and reassess by January first of each year thereafter based upon new information received, the relative priority of the need for action at each site to remedy environmental and health problems resulting from the presence of hazardous wastes at such sites.  In making its assessments of relative priority, the department shall place every site in one of the following classifications:

  (1)  Causing or presenting an imminent danger of causing irreversible or irreparable damage to the public health or environment—immediate action required;

  (2)  Significant threat to the environment—action required;

  (3)  Does not present a significant threat to the public health or environment—action may be deferred;

  (4)  Site properly closed—requires continued management;

  (5)  Site properly closed, no evidence of present or potential adverse impact—no further action required.

  4.  Any site classified as properly closed under subdivision (5) of subsection 3 of this section shall be removed from all subsequent annual reports and the register of abandoned or uncontrolled sites.

  5.  The department shall utilize the department of health and senior services when assessing the effects of an abandoned or uncontrolled site on human health.

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(L. 1983 H.B. 528)

Effective 6-27-83