Bill Text: FL S0866 | 2012 | Regular Session | Introduced
Bill Title: Contamination Notification
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2012-03-09 - Died in Environmental Preservation and Conservation [S0866 Detail]
Download: Florida-2012-S0866-Introduced.html
Florida Senate - 2012 SB 866 By Senator Joyner 18-00034-12 2012866__ 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 that individuals 5 responsible for site rehabilitation provide notice of 6 certain information related to contamination and site 7 rehabilitation to specified entities; revising 8 provisions relating to the content of such notice; 9 requiring the Department of Environmental Protection 10 to provide notice of contamination to specified 11 entities and certain property owners; requiring the 12 department to verify compliance with notice 13 requirements; authorizing the department to pursue 14 enforcement measures for noncompliance with notice 15 requirements; revising the department’s contamination 16 notification requirements for certain public schools; 17 requiring the department to provide specified notice 18 to private K-12 schools and child care facilities; 19 requiring the department to provide specified notice 20 to public schools within a specified area; providing 21 notice requirements, including directives to extend 22 such notice to certain other persons; requiring local 23 governments to provide specified notice of 24 contamination; requiring that the local government and 25 the department recover notification costs from 26 responsible parties; providing a statement of 27 important state interest; providing an 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, or s. 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 withinno64later than10 days after thefrom suchdiscovery, to the 65 Division of Waste Management at the department’s Tallahassee 66 office. The actual notice mustshallbe provided on a form 67 adopted by department rule and mailed by certified mail, return 68 receipt requested. The person responsible for site 69 rehabilitation shall simultaneously providesuchnotice to the appropriate department district office and,71 county health department, and all known lessees and tenants of72the source property. 73 (b) The notice mustshallinclude the following 74 information: 75 1.(a)The location of the property at which site 76 rehabilitation was initiatedpursuant to s.376.3071(5), s.77376.3078(4), s.376.81, or s.376.30701and the contact 78 information for the person responsible for site rehabilitation, 79 the person’s authorized agent, or another representative of the 80 person. 81 2.(b)A listing of all record owners of theanyreal 82 property, other than the property at which site rehabilitation83was initiated pursuant to s.376.3071(5), s.376.3078(4), s.84376.81, or s.376.30701,at which contamination has been 85 discovered; the parcel identification number foranysuchreal86 property; the owner’s address listed in the current county 87 property tax office records; and the owner’s telephone number. 88The requirements of this paragraph do not apply to the notice to89known tenants and lessees of the source property.90 3.(c)Separate tables forby medium, such asgroundwater, 91 soil, and surface water which, or sediment, thatlist the 92 sampling locations identified on the vicinity map described in 93 subparagraph 4.; the sampling dates; the names of contaminants 94 detected above cleanup target levels; their corresponding 95 cleanup target levels; the contaminant concentrations; and 96 whether the cleanup target level is based on health, nuisance, 97 organoleptic, or aesthetic concerns. 98 4.(d)A vicinity map that shows each sampling location with 99 corresponding laboratory analytical results described in 100 subparagraph 3.and the date on which the sample was collected101 and that identifies the property boundaries of the property at 102 which site rehabilitation was initiatedpursuant to s.103376.3071(5), s.376.3078(4), s.376.81, or s.376.30701and any 104theother propertypropertiesat which contamination has been 105 discovered during such site rehabilitation. If available, a 106 contaminant plume map signed and sealed by a state-licensed 107 professional engineer or geologist may be included with the 108 vicinity map. 109 (3) DEPARTMENT’S NOTICE RESPONSIBILITIES.— 110 (a) After receiving the initial notice required under 111 subsection (2), the department shall notify the following 112 persons of the contamination: 113 1. The mayor, the chair of the county commission, or the 114 comparable senior elected official representing the affected 115 area. 116 2. The city manager, the county administrator, or the 117 comparable senior administrative official representing the 118 affected area. 119 3. The school district superintendent representing the 120 affected area. 121 4. The state senator, state representative, and United 122 States Representative representing the affected area and both 123 United States Senators. 124 5. All real property owners, presidents of any condominium 125 associations, or sole owners of condominiums, lessees, and 126 tenants of record for: 127 a. The property at which site rehabilitation is being 128 conducted, if different from the person responsible for site 129 rehabilitation; 130 b. Any property within a 500-foot radius of each sampling 131 point at which contamination is discovered if site 132 rehabilitation was initiated pursuant to s. 376.30701 or an 133 administrative or court order; and 134 c. Any property within a 250-foot radius of each sampling 135 point at which contamination is discovered or any property 136 identified on a contaminant plume map provided pursuant to 137 subparagraph (2)(b)4. if site rehabilitation was initiated 138 pursuant to s. 376.3071(5), s. 376.3078(4), or s. 376.81, or at 139 or in connection with a permitted solid waste management 140 facility subject to a groundwater monitoring plan. 141 (b) The notice provided to: 142 1. Local government officials shall be mailed by certified 143 mail, return receipt requested, and must advise the local 144 government of its responsibilities under subsection (4). 145 2. Real property owners, presidents of any condominium 146 associations, or sole owners of condominiums, lessees, and 147 tenants of record may be delivered by certified mail, return 148 receipt requested, first-class mail, hand delivery, or door 149 hanger. 150 (c) Within 30 days after receiving the initialactual151 notice required underpursuant tosubsection (2),or within 30152days of the effective date of this act if the department already153possesses information equivalent to that required by the notice,154 the department shall verify that the person responsible for site 155 rehabilitation has complied with the notice requirements of this 156 sectionsend a copy of such notice, or an equivalent157notification, to all record owners of any real property, other158than the property at which site rehabilitation was initiated159pursuant to s.376.3071(5), s.376.3078(4), s.376.81, or s.160376.30701, at which contamination has been discovered. If the 161 person responsible for site rehabilitation has not complied with 162 the notice requirements, the department may pursue enforcement 163 as provided under this chapter and chapter 403. 164 (d)1. If the property at which contamination has been 165 discovered is the site of a school as defined in s. 1003.01, the 166 department shall mailalso senda copy of the notice to the 167 superintendentchair of the school boardof the school district 168 in which the property is located and direct the superintendent 169said school boardto provide actual notice annually to teachers 170 and parents or guardians of students attending the school during 171 the period of site rehabilitation. 172 2. If the property at which contamination has been 173 discovered is the site of a private K-12 school or a child care 174 facility as defined in s. 402.302, the department shall mail a 175 copy of the notice to the governing board, principal, or owner 176 of the school or child care facility and direct the governing 177 board, principal, or owner to provide actual notice annually to 178 teachers and parents or guardians of students or children 179 attending the school or child care facility during the period of 180 site rehabilitation. 181 3. After receiving the initial notice required under 182 subsection (2), if any property within a 500-foot radius of the 183 property at which contamination has been discovered during site 184 rehabilitation pursuant to s. 376.30701 or an administrative or 185 court order is the site of a school as defined in s. 1003.01, 186 the department shall mail a copy of the notice to the 187 superintendent of the school district in which the property is 188 located and direct the superintendent to provide actual notice 189 annually to the principal of the school. 190 4. After receiving the initial notice required under 191 subsection (2), if any property within a 250-foot radius of the 192 property at which contamination has been discovered during site 193 rehabilitation pursuant to s. 376.3071(5), s. 376.3078(4), or s. 194 376.81, or which is located at, or in connection with, a 195 permitted solid waste management facility subject to a 196 groundwater monitoring plan, is the site of a school as defined 197 in s. 1003.01, the department shall mail a copy of the notice to 198 the superintendent of the school district in which the property 199 is located and direct the superintendent to provide actual 200 notice annually to the principal of the school. 201 (e) Along with the copy of the noticeor its equivalent, 202 the department shall include a letter identifying sources of 203 additional information about the contamination and a telephone 204 number to which further inquiries should be directed. The 205 department may collaborate with the Department of Health to 206 develop such sources of information and to establish procedures 207 for responding to public inquiries about health risks associated 208 with contaminated sites. 209 (4) LOCAL GOVERNMENT’S NOTICE RESPONSIBILITIES.—If contact 210 information is available, within 30 days after receiving notice 211 under subsection (3), the local government shall mail a copy of 212 the notice to the president or the equivalent officer of each 213 homeowners’ association or neighborhood association within the 214 potentially affected area described in subsection (3). 215 (5) RECOVERY OF NOTIFICATION COSTS.—The department and the 216 local government shall recover the costs of postage, materials, 217 and labor associated with providing notification from the 218 responsible party, unless site rehabilitation is eligible for 219 state-funded cleanup pursuant to the risk-based corrective 220 action provisions found in s. 376.3071(5) or s. 376.3078(4). 221 (6)(4)RULEMAKING AUTHORITY.—The department shall adopt 222 rules and formspursuant to ss.120.536(1) and120.54to 223 administerimplement the requirements ofthis section. 224 Section 2. The Legislature finds that this act fulfills an 225 important state interest. 226 Section 3. This act shall take effect July 1, 2012.