Bill Text: FL S0602 | 2010 | Regular Session | Comm Sub
Bill Title: Contamination Notification/Site Rehabilitation [EPSC]
Spectrum: Slight Partisan Bill (Democrat 8-3)
Status: (Failed) 2010-04-30 - Died in Messages [S0602 Detail]
Download: Florida-2010-S0602-Comm_Sub.html
Florida Senate - 2010 CS for SB 602 By the Committee on General Government Appropriations; and Senators Justice, Smith, Lawson, Sobel, Gelber, Bennett, Jones, Siplin, and Storms 601-04200-10 2010602c1 1 A bill to be entitled 2 An act relating to contamination notification; 3 amending s. 376.30702, F.S.; revising contamination 4 notification provisions; requiring individuals 5 responsible for site rehabilitation to provide notice 6 of site rehabilitation to specified entities; revising 7 provisions relating to the content of such notice; 8 requiring the Department of Environmental Protection 9 to provide notice of site rehabilitation to specified 10 entities and certain property owners; providing an 11 exemption; requiring the department to verify 12 compliance with notice requirements; authorizing the 13 department to pursue enforcement measures for 14 noncompliance with notice requirements; revising the 15 department’s contamination notification requirements 16 for certain public schools; requiring the department 17 to provide specified notice to private K-12 schools 18 and child care facilities; requiring the department to 19 provide specified notice to public schools within a 20 specified area; providing notice requirements, 21 including directives to extend such notice to certain 22 other persons; requiring local governments to provide 23 specified notice of site rehabilitation; authorizing 24 the local government and the department to recover 25 notification costs from responsible parties; providing 26 a statement of important state interest; providing an 27 effective date. 28 29 Be It Enacted by the Legislature of the State of Florida: 30 31 Section 1. Section 376.30702, Florida Statutes, is amended 32 to read: 33 376.30702 Contamination notification.— 34 (1) FINDINGS; INTENT; APPLICABILITY.—The Legislature finds 35and declaresthat when contamination is discovered by any person 36 as a result of site rehabilitation activities conducted pursuant 37 to the risk-based corrective action provisions found in s. 38 376.3071(5), s. 376.3078(4), s. 376.81, or s. 376.30701, or 39 pursuant to an administrative or court order, it is in the 40 public’s best interest that potentially affected persons be 41 notified of the existence of such contamination. Therefore, 42 persons discovering such contamination shall notify the 43 department and those identified under this section of thesuch44 discovery in accordance with the requirements of this section,45and the department shall be responsible for notifying the46affected public. The Legislature intends thatfor the provisions47ofthis sectiontogovern the notice requirements for early 48 notification of the discovery of contamination. 49 (2) INITIAL NOTICE OF CONTAMINATIONBEYOND PROPERTY50BOUNDARIES.— 51 (a) If at any time during site rehabilitation conducted 52 pursuant to s. 376.3071(5), s. 376.3078(4), s. 376.81,ors. 53 376.30701, or an administrative or court order the person 54 responsible for site rehabilitation, the person’s authorized 55 agent, or another representative of the person discovers from 56 laboratory analytical results that comply with appropriate 57 quality assurance protocols specified in department rules that 58 contamination as defined in applicable department rules exists 59 in any groundwater, surface water, or soilmediumbeyond the 60 boundaries of the property at which site rehabilitation was 61 initiatedpursuant to s.376.3071(5), s.376.3078(4), s.376.81,62or s.376.30701, the person responsible for site rehabilitation 63 shall give actual notice as soon as possible, but no later than 64 10 days after thefrom suchdiscovery, to the Division of Waste 65 Management at the department’s Tallahassee office. The actual 66 notice mustshallbe provided on a form adopted by department 67 rule and mailed by certified mail, return receipt requested. The 68 person responsible for site rehabilitation shall simultaneously 69 providesuchnotice to the appropriate 70 department district office and,county health department, and71all known lessees and tenants of the source property. 72 (b) The notice mustshallinclude the following 73 information: 74 1.(a)The location of the property at which site 75 rehabilitation was initiatedpursuant to s.376.3071(5), s.76376.3078(4), s.376.81, or s.376.30701and contact information 77 for the person responsible for site rehabilitation, the person’s 78 authorized agent, or another representative of the person. 79 2.(b)A listing of all record owners of theanyreal 80 property, other than the property at which site rehabilitation81was initiated pursuant to s.376.3071(5), s.376.3078(4), s.82376.81, or s.376.30701,at which contamination has been 83 discovered; the parcel identification number foranysuchreal84 property; the owner’s address listed in the current county 85 property tax office records; and the owner’s telephone number. 86The requirements of this paragraph do not apply to the notice to87known tenants and lessees of the source property.88 3.(c)Separate tables forby medium, such asgroundwater, 89 soil, and surface water which, or sediment, thatlist sampling 90 locations identified on the vicinity map described in 91 subparagraph 4.; sampling dates; names of contaminants detected 92 above cleanup target levels; their corresponding cleanup target 93 levels; the contaminant concentrations; and whether the cleanup 94 target level is based on health, nuisance, organoleptic, or 95 aesthetic concerns. 96 4.(d)A vicinity map that shows each sampling location with 97 corresponding laboratory analytical results described in 98 subparagraph 3.and the date on which the sample was collected99 and that identifies the property boundaries of the property at 100 which site rehabilitation was initiatedpursuant to s.101376.3071(5), s.376.3078(4), s.376.81, or s.376.30701and any 102theother properties at which contamination has been discovered 103 during such site rehabilitation. If available, a contaminant 104 plume map signed and sealed by a state-licensed professional 105 engineer or geologist may be included with the vicinity map. 106 (3) DEPARTMENT’S NOTICE RESPONSIBILITIES.— 107 (a) After receiving the initial notice required under 108 subsection (2), the department shall notify the following 109 persons of the contamination: 110 1. The mayor, the chair of the county commission, or the 111 comparable senior elected official representing the affected 112 area. 113 2. The city manager, the county administrator, or the 114 comparable senior administrative official representing the 115 affected area. 116 3. The school district superintendent representing the 117 affected area. 118 4. The state senator, state representative, and United 119 States Representative representing the affected area and both 120 United States Senators. 121 5. All real property owners, presidents of any condominium 122 associations, or sole owners of condominiums, lessees, and the 123 tenants of record for: 124 a. The property at which site rehabilitation is being 125 conducted, if different from the person responsible for site 126 rehabilitation; 127 b. Any properties within a 500-foot radius of each sampling 128 point at which contamination is discovered, if site 129 rehabilitation was initiated pursuant to s. 376.30701 or an 130 administrative or court order; and 131 c. Any properties within a 250-foot radius of each sampling 132 point at which contamination is discovered or any properties 133 identified on a contaminant plume map provided pursuant to 134 subparagraph (2)(b)4. if site rehabilitation was initiated 135 pursuant to s. 376.3071(5), s. 376.3078(4), or s. 376.81, or at, 136 or in connection with, a permitted solid waste management 137 facility subject to a groundwater monitoring plan. 138 (b) The notice provided to: 139 1. Local government officials shall be mailed by certified 140 mail, return receipt requested, and must advise the local 141 government of its responsibilities under subsection (4). 142 2. Real property owners, presidents of any condominium 143 associations or sole owners of condominiums, lessees, and 144 tenants of record may be delivered by certified mail, return 145 receipt requested, first-class mail, hand delivery, or door 146 hanger. 147 (c) Within 30 days after receiving the initialactual148 notice required underpursuant tosubsection (2),or within 30149days of the effective date of this act if the department already150possesses information equivalent to that required by the notice,151 the department shall verify that the person responsible for site 152 rehabilitation has complied with the notice requirements of this 153 sectionsend a copy of such notice, or an equivalent154notification, to all record owners of any real property, other155than the property at which site rehabilitation was initiated156pursuant to s.376.3071(5), s.376.3078(4), s.376.81, or s.157376.30701, at which contamination has been discovered. If the 158 person responsible for site rehabilitation has not complied with 159 the notice requirements, the department may pursue enforcement 160 as provided under this chapter and chapter 403. 161 (d)1. If the property at which contamination has been 162 discovered is the site of a school as defined in s. 1003.01, the 163 department shall mailalso senda copy of the notice to the 164 superintendentchair of the school boardof the school district 165 in which the property is located and direct the superintendent 166said school boardto provide actual notice annually to teachers 167 and parents or guardians of students attending the school during 168 the period of site rehabilitation. 169 2. If the property at which contamination has been 170 discovered is the site of a private K-12 school or a child care 171 facility as defined in s. 402.302, the department shall mail a 172 copy of the notice to the governing board, principal, or owner 173 of the school or child care facility and direct the governing 174 board, principal, or owner to provide actual notice annually to 175 teachers and parents or guardians of students or children 176 attending the school or child care facility during the period of 177 site rehabilitation. 178 3. After receiving the initial notice required under 179 subsection (2), if any property within a 500-foot radius of the 180 property at which contamination has been discovered during site 181 rehabilitation pursuant to s. 376.30701 or an administrative or 182 court order is the site of a school as defined in s. 1003.01, 183 the department shall mail a copy of the notice to the 184 superintendent of the school district in which the property is 185 located and direct the superintendent to provide actual notice 186 annually to the principal of the school. 187 4. After receiving the initial notice required under 188 subsection (2), if any property within a 250-foot radius of the 189 property at which contamination has been discovered during site 190 rehabilitation pursuant to s. 376.3071(5), s. 376.3078(4), or s. 191 376.81, or at, or in connection with, a permitted solid waste 192 management facility subject to a groundwater monitoring plan, is 193 the site of a school as defined in s. 1003.01, the department 194 shall mail a copy of the notice to the superintendent of the 195 school district in which the property is located and direct the 196 superintendent to provide actual notice annually to the 197 principal of the school. 198 (e) Along with the copy of the noticeor its equivalent, 199 the department shall include a letter identifying sources of 200 additional information about the contamination and a telephone 201 number to which further inquiries should be directed. The 202 department may collaborate with the Department of Health to 203 develop such sources of information and to establish procedures 204 for responding to public inquiries about health risks associated 205 with contaminated sites. 206 (4) LOCAL GOVERNMENT’S NOTICE RESPONSIBILITIES.—If contact 207 information is available, within 30 days after receiving notice 208 under subsection (3), the local government shall mail a copy of 209 the notice to the president or equivalent officer of each 210 homeowners’ association or neighborhood association within the 211 potentially affected area described in subsection (3). 212 (5) RECOVERY OF NOTIFICATION COSTS.—The department and the 213 local government shall recover the costs of postage, materials, 214 and labor associated with providing notification from the 215 responsible party, unless site rehabilitation is eligible for 216 state-funded cleanup pursuant to the risk-based corrective 217 action provisions found in s. 376.3071(5) or s. 376.3078(4). 218 (6)(4)RULEMAKING AUTHORITY.—The department shall adopt 219 rules and formspursuant to ss.120.536(1) and120.54to 220 administerimplementthe requirements of this section. 221 Section 2. The Legislature finds that this act fulfills an 222 important state interest. 223 Section 3. This act shall take effect July 1, 2010.
