Bill Text: FL H0147 | 2011 | Regular Session | Introduced

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Bill Title: Contamination Notification

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H0147 Detail]

Download: Florida-2011-H0147-Introduced.html

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HB 147

1	A bill to be entitled
2	An act relating to contamination notification; amending s.
3	376.30702, F.S.; revising contamination notification
4	provisions; requiring individuals responsible for site
5	rehabilitation to provide notice of site rehabilitation to
6	specified entities; revising provisions relating to the
7	content of such notice; requiring the Department of
8	Environmental Protection to provide notice of site
9	rehabilitation to specified entities and certain property
10	owners; requiring the department to verify compliance with
11	notice requirements; authorizing the department to pursue
12	enforcement measures for noncompliance with notice
13	requirements; revising the department's contamination
14	notification requirements for certain public schools;
15	requiring the department to provide specified notice to
16	certain private schools, child care facilities, and public
17	and private colleges and universities; requiring the
18	department to provide specified notice to public schools
19	and public and private colleges and universities within
20	specified areas; providing notice requirements, including
21	directives to extend such notice to certain other persons;
22	requiring the department to provide a list of sites under
23	rehabilitation to specified entities; requiring local
24	governments to provide specified notice to homeowners' and
25	neighborhood associations; authorizing the department to
26	recover notification costs from responsible parties under
27	certain conditions; revising rulemaking authority;
28	providing an effective date.
29
30	Be It Enacted by the Legislature of the State of Florida:
31
32	Section 1.  Section 376.30702, Florida Statutes, is amended
33	to read:
34	376.30702  Contamination notification.-
35	(1)  FINDINGS; INTENT; APPLICABILITY.-The Legislature finds
36	and declares that when contamination is discovered by any person
37	as a result of site rehabilitation activities conducted pursuant
38	to the risk-based corrective action provisions found in s.
39	376.3071(5), s. 376.3078(4), s. 376.81, or s. 376.30701, or
40	pursuant to an administrative or court order, it is in the
41	public's best interest that potentially affected persons be
42	notified of the existence of such contamination. Therefore,
43	persons discovering such contamination shall notify the
44	department and those identified under this section of the such
45	discovery in accordance with the requirements of this section,
46	and the department shall be responsible for notifying the
47	affected public. The Legislature intends that for the provisions
48	of this section to govern the notice requirements for early
49	notification of the discovery of contamination.
50	(2)  INITIAL NOTICE OF CONTAMINATION BEYOND PROPERTY
51	BOUNDARIES.-
52	(a)  If at any time during site rehabilitation conducted
53	pursuant to s. 376.3071(5), s. 376.3078(4), s. 376.81, or s.
54	376.30701, or an administrative or court order the person
55	responsible for site rehabilitation, the person's authorized
56	agent, or another representative of the person discovers from
57	laboratory analytical results that comply with appropriate
58	quality assurance protocols specified in department rules that
59	contamination as defined in applicable department rules exists
60	in any groundwater, surface water, or soil medium beyond the
61	boundaries of the property at which site rehabilitation was
62	initiated pursuant to s. 376.3071(5), s. 376.3078(4), s. 376.81,
63	or s. 376.30701, the person responsible for site rehabilitation
64	shall give actual notice as soon as possible, but no later than
65	45 10 days after the from such discovery, to the Division of
66	Waste Management at the department's Tallahassee office. The
67	actual notice must shall be provided on a form adopted by
68	department rule and mailed by certified mail, return receipt
69	requested. The person responsible for site rehabilitation shall
70	simultaneously provide by certified mail, return receipt
71	requested, mail a copy of the such notice to the appropriate
72	department district office and, county health department, and
73	all known lessees and tenants of the source property.
74	(b)  The notice must shall include the following
75	information:
76	1.(a)  The location of the property at which site
77	rehabilitation was initiated pursuant to s. 376.3071(5), s.
78	376.3078(4), s. 376.81, or s. 376.30701 and contact information
79	for the person responsible for site rehabilitation, the person's
80	authorized agent, or another representative of the person.
81	2.(b)  A listing of all record owners of the any real
82	property, other than the property at which site rehabilitation
83	was initiated pursuant to s. 376.3071(5), s. 376.3078(4), s.
84	376.81, or s. 376.30701, at which contamination has been
85	discovered; the parcel identification number for any such real
86	property; and the owner's address listed in the current county
87	property tax office records; and the owner's telephone number.
88	The requirements of this paragraph do not apply to the notice to
89	known tenants and lessees of the source property.
90	3.(c)  Separate tables for by medium, such as groundwater,
91	soil, and surface water which, or sediment, that list sampling
92	locations identified on the vicinity map described in
93	subparagraph 4.; sampling dates; names of contaminants detected
94	above cleanup target levels; their corresponding cleanup target
95	levels; the contaminant concentrations; and whether the cleanup
96	target level is based on health, nuisance, organoleptic, or
97	aesthetic concerns.
98	4.(d)  A vicinity map that shows each sampling location
99	with corresponding laboratory analytical results described in
100	subparagraph 3. and the date on which the sample was collected
101	and that identifies the property boundaries of the property at
102	which site rehabilitation was initiated pursuant to s.
103	376.3071(5), s. 376.3078(4), s. 376.81, or s. 376.30701 and any
104	the other properties at which contamination has been discovered
105	during such site rehabilitation. If available, a contaminant
106	plume map signed and sealed by a state-licensed professional
107	engineer or geologist may be included with the vicinity map.
108	(3)  DEPARTMENT'S NOTICE RESPONSIBILITIES.-
109	(a)  Within 15 30 days after receiving the actual notice
110	required under pursuant to subsection (2), or within 30 days of
111	the effective date of this act if the department already
112	possesses information equivalent to that required by the notice,
113	the department shall verify that the person responsible for site
114	rehabilitation has complied with the notice requirements of
115	subsection (2) send a copy of such notice, or an equivalent
116	notification, to all record owners of any real property, other
117	than the property at which site rehabilitation was initiated
118	pursuant to s. 376.3071(5), s. 376.3078(4), s. 376.81, or s.
119	376.30701, at which contamination has been discovered. If the
120	person responsible for site rehabilitation has not complied with
121	the notice requirements of subsection (2), then the department
122	may pursue enforcement as provided under this chapter and
123	chapter 403.
124	(b)  Within 30 days after receiving the actual notice
125	required under subsection (2), the department shall notify the
126	following persons of the contamination for which notice was
127	required pursuant to subsection (2):
128	1.  The mayor, the chair of the county commission, or the
129	comparable senior elected official representing the affected
130	area.
131	2.  The city manager, the county administrator, or the
132	comparable senior administrative official representing the
133	affected area.
134	3.  The state senator and state representative representing
135	the affected area.
136	4.  All real property owners, presidents of any condominium
137	associations or sole owners of condominiums, presidents of any
138	cooperative associations or sole owners of cooperatives,
139	lessees, and the tenants of record for:
140	a.  Any real property, other than the property at which
141	site rehabilitation was initiated pursuant to s. 376.30701, s.
142	376.3071(5), s. 376.3078(4), or s. 376.81, at which
143	contamination has been discovered;
144	b.  Any properties identified within the boundaries of a
145	contaminant plume located on a contaminant plume map provided
146	pursuant to subparagraph (2)(b)4., any properties identified by
147	a state-licensed professional engineer or professional geologist
148	through a certified site-specific determination that such
149	contamination is reasonably likely to be present beyond the
150	boundaries of the source property, or any properties within a
151	500-foot radius of each sampling point at which contamination is
152	discovered where a contaminant plume map is not provided, if
153	site rehabilitation was initiated pursuant to s. 376.30701 or an
154	administrative or court order; and
155	c.  Any properties identified within the boundaries of a
156	contaminant plume located on a contaminant plume map provided
157	pursuant to subparagraph (2)(b)4., any properties identified by
158	a state-licensed professional engineer or professional geologist
159	through a certified site-specific determination that such
160	contamination is reasonably likely to be present beyond the
161	boundaries of the source property, or any properties within a
162	250-foot radius of each sampling point at which contamination is
163	discovered where a contaminant plume map is not provided, if
164	site rehabilitation was initiated pursuant to s. 376.3071(5), s.
165	376.3078(4), or s. 376.81, or at, or in connection with, a
166	permitted solid waste management facility subject to a
167	groundwater monitoring plan.
168	(c)  The notice provided to:
169	1.  Local government officials described in subparagraphs
170	(b)1. and 2. shall be mailed by certified mail, return receipt
171	requested.
172	2.  Real property owners, presidents of any condominium
173	associations or sole owners of condominiums, presidents of any
174	cooperative associations or sole owners of cooperatives,
175	lessees, and tenants of record shall be delivered by certified
176	mail, return receipt requested, first-class mail, hand delivery,
177	or door hanger.
178	(d)1.  If the property at which contamination has been
179	discovered is the site of a public pre-K or K-12 school as
180	defined in s. 1003.01, the department shall mail also send a
181	copy of the notice to the superintendent chair of the school
182	board of the school district in which the property is located
183	and direct the superintendent said school board to provide
184	actual notice within 10 days to teachers and parents or
185	guardians of students attending the public pre-K or K-12 school
186	during the period of site rehabilitation.
187	2.  If the property at which contamination has been
188	discovered is the site of a private pre-K or K-12 school or a
189	child care facility as defined in s. 402.302, the department
190	shall mail a copy of the notice to the governing board,
191	principal, or owner of the private pre-K or K-12 school or child
192	care facility and direct the governing board, principal, or
193	owner to provide actual notice within 10 days to teachers and
194	parents or guardians of students or children attending the
195	private pre-K or K-12 school or child care facility during the
196	period of site rehabilitation.
197	3.  If any property within a 1-mile radius of the sampling
198	point at which contamination has been discovered during site
199	rehabilitation pursuant to s. 376.30701 or an administrative or
200	court order is the site of a public pre-K or K-12 school as
201	defined in s. 1003.01, the department shall mail a copy of the
202	notice to the superintendent of the school district in which the
203	property is located.
204	4.  If any property within a 250-foot radius of the
205	sampling point at which contamination has been discovered during
206	site rehabilitation pursuant to s. 376.3071(5), s. 376.3078(4),
207	or s. 376.81, or at, or in connection with, a permitted solid
208	waste management facility subject to a groundwater monitoring
209	plan, is the site of a public pre-K or K-12 school as defined in
210	s. 1003.01, the department shall mail a copy of the notice to
211	the superintendent of the school district in which the property
212	is located.
213	5.  If the property at which contamination has been
214	discovered is the site of a public or private college or
215	university, the department shall mail a copy of the notice to
216	the president of the public or private college or university and
217	the chair of the Board of Governors or board of trustees.
218	6.  If any property within a 1-mile radius of the sampling
219	point at which contamination has been discovered during site
220	rehabilitation pursuant to s. 376.30701 or an administrative or
221	court order is the site of a public or private college or
222	university, the department shall mail a copy of the notice to
223	the president of the public or private college or university and
224	the chair of the Board of Governors or board of trustees.
225	7.  If any property within a 250-foot radius of the
226	sampling point at which contamination has been discovered during
227	site rehabilitation pursuant to s. 376.3071(5), s. 376.3078(4),
228	or s. 376.81 is the site of a public or private college or
229	university, the department shall mail a copy of the notice to
230	the president of the public or private college or university and
231	the chair of the Board of Governors or board of trustees.
232	(e)  Along with the copy of the notice or its equivalent,
233	the department shall include a letter identifying sources of
234	additional information about the contamination and a telephone
235	number to which further inquiries should be directed. The
236	department may collaborate with the Department of Health to
237	develop such sources of information and to establish procedures
238	for responding to public inquiries about health risks associated
239	with contaminated sites.
240	(f)  The department shall provide quarterly a list to both
241	United States Senators for the state of all contaminated sites
242	being rehabilitated pursuant to s. 376.30701, s. 376.3071(5), s.
243	376.3078(4), or s. 376.81 that are located within the state and
244	to each representative to Congress for the state of all
245	contaminated sites being rehabilitated pursuant to s. 376.30701,
246	s. 376.3071(5), s. 376.3078(4), or s. 376.81 that are located
247	within that individual's congressional district.
248	(4)  LOCAL GOVERNMENT'S NOTICE RESPONSIBILITIES.-Within 30
249	days after receiving the actual notice required under subsection
250	(3), the local government shall mail a copy of the notice to the
251	president of any homeowners' association created pursuant to
252	chapter 720, the president or equivalent representative of any
253	incorporated voluntary homeowners' or neighborhood association,
254	and the president or equivalent representative of any other
255	existing voluntary homeowners' or neighborhood association that
256	is not incorporated but has registered with the applicable local
257	government pursuant to local governmental requirements that are
258	located within the areas identified in sub-subparagraph
259	(3)(b)4.a., sub-subparagraph (3)(b)4.b., or sub-subparagraph
260	(3)(b)4.c.
261	(5)  RECOVERY OF NOTIFICATION COSTS.-The department may
262	recover the costs of postage, materials, and labor associated
263	with notification from the party responsible for the
264	contamination, unless site rehabilitation is eligible for state-
265	funded cleanup pursuant to the risk-based corrective action
266	provisions found in s. 376.3071(5) or s. 376.3078(4), provided
267	that sufficient funds exist within the trust funds to cover the
268	cost of the notification.
269	(6)(4)  RULEMAKING AUTHORITY.-The department shall adopt
270	rules and forms pursuant to ss. 120.536(1) and 120.54 to
271	administer implement the requirements of this section.
272	Section 2.  This act shall take effect July 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.