HOUSE AMENDMENT
                                                  Bill No. HB 1263
    Amendment No. ___ (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
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11  The Committee on General Government Appropriations offered the
12  following:
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14         Amendment to Amendment (581949) 
15         On page 6, lines 9 - 29,
16  remove from the amendment:  all of said lines
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18  and insert in lieu thereof:  
19         (d)  To abate or substantially reduce an imminent
20  hazard, the department may take any appropriate action,
21  including, but not limited to, using employees of the
22  department or contracting with other state or federal
23  agencies, with private third party contractors, or with the
24  owner or operator of the stack system, or to finance,
25  compensate or fund a Receiver or Trustee of the stack system
26  or of the owner of the stack system, to perform all or part of
27  the work.
28         (e)  The department shall recover from the owner or
29  operator of the phosphogypsum stack system to the use of the
30  Nonmandatory Land Reclamation Trust Fund all moneys expended
31  from the fund (including funds expended prior to the effective
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    File original & 9 copies    04/11/01                          
    hap0008                     02:43 pm         01263-gga -534885


                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1263
    Amendment No. ___ (for drafter's use only)
 1  date of this section) to abate an imminent hazard posed by the
 2  phosphogypsum stack system plus a penalty equal to an amount
 3  calculated at 30% of such funds expended.  This penalty shall
 4  be imposed annually, and pro-rated from the date of payment
 5  from the fund until such time as the expended funds together
 6  with this penalty are repaid.  If the department prevails in
 7  any action to recover funds pursuant to this subsection, it
 8  shall be entitled to recover reasonable attorney's fees and
 9  costs incurred.  No phosphogypsum may be deposited on a stack
10  until all moneys expended from the fund in connection with the
11  stack have been repaid unless the department determines that
12  such placement is necessary to abate or avoid an imminent
13  hazard or unless otherwise authorized by the department.
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    File original & 9 copies    04/11/01                          
    hap0008                     02:43 pm         01263-gga -534885