Effective Date: Upon signature of the governor which occurred on June 8, 2006.
Limitation On Some Matters: Does not apply to a case in which the court, on or before March 27, 2006 (first day of the legislative session), has issued or signed an order setting the case for trial, regardless if such trial date is continued.
Opt-in Provision: A party who filed a judicial demand has the right to come under S.B. 655 and can do so by filing a notice in the court where the case is pending, a notice of the exercise of such right within 60 days of the effective date of the Act.
Remediation Monies: Monies for remediation projects awarded shall be placed in the registry of the court and the remediation plan shall be implemented under the supervision of the agency with the court maintaining supervisory jurisdiction until plan completed. Monies may be funded incrementally. Any leftover funds are returned to the party who paid the money into the registry of the court. The money does not go to the landowner, but into the remediation project. Note that an award will include monies for investigation and remediation.
“Feasible Plan:” The definition of “feasible plan” for a remediation to be performed under the Act means the most reasonable plan which addresses “environmental damage” (see definition below) in compliance with the Constitution to protect the environment, public health, safety and welfare, and is in compliance with the specific relevant and applicable standards and regulations promulgated by a state agency in accordance with the Administrative Procedure Act in effect at the time of clean up to remediate contamination resulting from oilfield or exploration and production operations or waste.