1.1.................... moves to amend H.F. No. 1991 as follows:
1.2Delete everything after the enacting clause and insert:
1.3 "Section 1.
[116.201] COAL TAR.
1.4A state agency may not purchase undiluted coal tar sealant. For the purposes of
1.5this section "undiluted coal tar sealant" means a sealant material containing coal tar that
1.6has not been mixed with asphalt and is for use on asphalt surfaces, including driveways
1.7and parking lots.
1.8EFFECTIVE DATE.This section is effective July 1, 2010.
1.9 Sec. 2.
COAL TAR; NOTIFICATION, INVENTORY, AND BEST
1.10MANAGEMENT PRACTICES.
1.11(a) By January 15, 2010, the commissioner of the Pollution Control Agency shall
1.12notify state agencies and local units of government of the potential for contamination of
1.13stormwater ponds with polycyclic aromatic hydrocarbons from the use of coal tar sealant
1.14products. For the purpose of this section, a stormwater pond includes constructed ponds,
1.15natural ponds, and wetlands used for the collection of stormwater.
1.16(b) By January 15, 2010, the commissioner of the Pollution Control Agency shall
1.17establish a schedule that requires state agencies and local units of government regulated
1.18under a National Pollutant Discharge Elimination System/State Disposal System permit
1.19for municipal separate storm sewer systems to report to the commissioner of the Pollution
1.20Control Agency the total number of stormwater ponds under their jurisdiction.
1.21(c) The commissioner of the Pollution Control Agency shall develop best
1.22management practices for state agencies and local units of government regulated under
1.23a National Pollutant Discharge Elimination System/State Disposal System permit for
1.24municipal separate storm sewer systems to use in cleaning up contaminated stormwater
1.25ponds and make them available on the agency's Web site. As part of the development of
1.26the best management practices, the commissioner shall:
2.1(1) sample a set of stormwater pond sediments in residential, commercial and
2.2industrial areas for polycyclic aromatic hydrocarbons and other contaminants of potential
2.3concern;
2.4(2) investigate the feasibility of screening methods to provide more cost effective
2.5analytical results and to identify which kinds of ponds are likely to have the highest
2.6concentrations of polycyclic aromatic hydrocarbons; and
2.7(3) develop guidance on testing, treatment, removal, and disposal of polycyclic
2.8aromatic hydrocarbon contaminated sediments.
2.9(d) The commissioner of the Pollution Control Agency shall incorporate the
2.10requirements for inventory and best management practices specified in paragraphs (b) and
2.11(c) above into the next permitting cycle for the National Pollutant Discharge Elimination
2.12System/State Disposal System permit for municipal separate storm sewer systems.
2.13 Sec. 3.
APPROPRIATION.
2.14$155,000 in fiscal year 2010 is from the clean water fund to the commissioner of
2.15the Pollution Control Agency to meet the requirements under section 2 in order to restore
2.16and protect water quality."