Senate Bill 2420

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    Florida Senate - 1999                                  SB 2420

    By Senator Latvala





    19-1543-99

  1                      A bill to be entitled

  2         An act relating to brownfields redevelopment;

  3         amending s. 376.79, F.S.; redefining terms and

  4         defining the term "contaminant"; revising the

  5         application of definitions; amending s. 376.80,

  6         F.S.; clarifying that the person responsible

  7         for brownfield site rehabilitation must enter

  8         into a brownfield site rehabilitation agreement

  9         only if actual environmental contamination

10         exists at the brownfield site; amending s.

11         376.81, F.S.; providing clarification that

12         cleanup criteria do not constitute disposal or

13         reuse criteria; providing an effective date.

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15  Be It Enacted by the Legislature of the State of Florida:

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17         Section 1.  Section 376.79, Florida Statutes, 1998

18  Supplement, is amended to read:

19         376.79  Definitions.--As used in ss. 376.77-376.875 ss.

20  376.77-376.85, the term:

21         (1)  "Additive effects" means a scientific principle

22  that the toxicity that occurs as a result of exposure is the

23  sum of the toxicities of the individual chemicals to which the

24  individual is exposed.

25         (2)  "Antagonistic effects" means a scientific

26  principle that the toxicity that occurs as a result of

27  exposure is less than the sum of the toxicities of the

28  individual chemicals to which the individual is exposed.

29         (3)  "Brownfield sites" means sites that are generally

30  abandoned, idled, or underused industrial and commercial

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    Florida Senate - 1999                                  SB 2420
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  1  properties where expansion or redevelopment is complicated by

  2  actual or perceived environmental contamination.

  3         (4)  "Brownfield area" means a contiguous area of one

  4  or more brownfield sites, some of which may not be

  5  contaminated, and which has been designated by a local

  6  government by resolution. Such areas may include all or

  7  portions of community redevelopment areas, enterprise zones,

  8  empowerment zones, other such designated economically deprived

  9  communities and areas, and Environmental Protection

10  Agency-designated brownfield pilot projects.

11         (5)  "Contaminant" means any physical, chemical,

12  biological, or radiological substance present in any medium

13  which may result in adverse effects to human health or the

14  environment or which creates an adverse nuisance or an

15  organoleptic or aesthetic condition in groundwater.

16         (6)(5)  "Contaminated site" means any contiguous land,

17  sediment, surface water, or groundwater areas that contain

18  contaminants that may be harmful to human health or the

19  environment.

20         (7)(6)  "Department" means the Department of

21  Environmental Protection.

22         (8)(7)  "Engineering controls" means modifications to a

23  site to reduce or eliminate the potential for exposure to

24  contaminants.  Such modifications may include, but are not

25  limited to, physical or hydraulic control measures, capping,

26  point of use treatments, or slurry walls.

27         (9)(8)  "Environmental justice" means the fair

28  treatment of all people of all races, cultures, and incomes

29  with respect to the development, implementation, and

30  enforcement of environmental laws, regulations, and policies.

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    Florida Senate - 1999                                  SB 2420
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  1         (10)(9)  "Institutional controls" means the restriction

  2  on use of or access to a site to eliminate or minimize

  3  exposure to contaminants.  Such restrictions may include, but

  4  are not limited to, deed restrictions, use restrictions, or

  5  restrictive zoning.

  6         (11)(10)  "Local pollution control program" means a

  7  local pollution control program that has received delegated

  8  authority from the Department of Environmental Protection

  9  under ss. 376.80(11) and 403.182.

10         (12)(11)  "Natural attenuation" means an approach to

11  site rehabilitation which allows natural processes to contain

12  the spread of contamination and reduce the concentrations of

13  contaminants in contaminated groundwater and soil. Natural

14  attenuation processes may include the following: sorption,

15  biodegradation, chemical reactions with subsurface materials,

16  diffusion, dispersion, and volatilization the verifiable

17  reduction of contaminants through natural processes, which may

18  include diffusion, dispersion, adsorption, and biodegradation.

19         (13)(12)  "Person responsible for brownfield site

20  rehabilitation" means the individual or entity that is

21  designated by the local government to enter into the

22  brownfield site rehabilitation agreement with the department

23  or an approved local pollution control program and enters into

24  an agreement with the local government for redevelopment of

25  the site.

26         (14)(13)  "Person" means any individual, partner, joint

27  venture, or corporation; any group of the foregoing, organized

28  or united for a business purpose; or any governmental entity.

29         (15)(14)  "Secretary" means the secretary of the

30  Department of Environmental Protection.

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  1         (16)(15)  "Site rehabilitation" means the assessment of

  2  site contamination and the remediation activities that reduce

  3  the levels of contaminants at a site through accepted

  4  treatment methods to meet the cleanup target levels

  5  established for that site.

  6         (17)(16)  "Source removal" means the removal of free

  7  product, or the removal of contaminants from soil or sediment

  8  that has been contaminated to the extent that leaching to

  9  groundwater or surface water has occurred or is occurring.

10         (18)(17)  "Synergistic effects" means a scientific

11  principle that the toxicity that occurs as a result of

12  exposure is more than the sum of the toxicities of the

13  individual chemicals to which the individual is exposed.

14         Section 2.  Subsection (5) of section 376.80, Florida

15  Statutes, 1998 Supplement, is amended to read:

16         376.80  Brownfield program administration process.--

17         (5)  The person responsible for brownfield site

18  rehabilitation must enter into a brownfield site

19  rehabilitation agreement with the department or an approved

20  local pollution control program if actual environmental

21  contamination exists at the brownfield site. The brownfield

22  site rehabilitation agreement must include:

23         (a)  A brownfield site rehabilitation schedule,

24  including milestones for completion of site rehabilitation

25  tasks and submittal of technical reports and rehabilitation

26  plans as agreed upon by the parties to the agreement;

27         (b)  A commitment to conduct site rehabilitation

28  activities under the observation of professional engineers or

29  geologists who are registered in accordance with the

30  requirements of chapter 471 or chapter 492, respectively.

31  Submittals provided by the person responsible for brownfield

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  1  site rehabilitation must be signed and sealed by a

  2  professional engineer registered under chapter 471, or a

  3  professional geologist registered under chapter 492,

  4  certifying that the submittal and associated work comply with

  5  the law and rules of the department and those governing the

  6  profession.  In addition, upon completion of the approved

  7  remedial action, the department shall require a professional

  8  engineer registered under chapter 471 or a professional

  9  geologist registered under chapter 492 to certify that the

10  corrective action was, to the best of his or her knowledge,

11  completed in substantial conformance with the plans and

12  specifications approved by the department;

13         (c)  A commitment to conduct site rehabilitation in

14  accordance with an approved comprehensive quality assurance

15  plan under department rules;

16         (d)  A commitment to conduct site rehabilitation

17  consistent with state, federal, and local laws and consistent

18  with the brownfield site contamination cleanup criteria in s.

19  376.81, including any applicable requirements for risk-based

20  corrective action;

21         (e)  Timeframes for the department's review of

22  technical reports and plans submitted in accordance with the

23  agreement.  The department shall make every effort to adhere

24  to established agency goals for reasonable timeframes for

25  review of such documents;

26         (f)  A commitment to secure site access for the

27  department or approved local pollution control program to all

28  brownfield sites within the eligible brownfield area for

29  activities associated with site rehabilitation;

30         (g)  Other provisions that the person responsible for

31  brownfield site rehabilitation and the department agree upon,

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  1  that are consistent with ss. 376.77-376.85, and that will

  2  improve or enhance the brownfield site rehabilitation process;

  3         (h)  A commitment to consider appropriate pollution

  4  prevention measures and to implement those that the person

  5  responsible for brownfield site rehabilitation determines are

  6  reasonable and cost-effective, taking into account the

  7  ultimate use or uses of the brownfield site.  Such measures

  8  may include improved inventory or production controls and

  9  procedures for preventing loss, spills, and leaks of hazardous

10  waste and materials, and include goals for the reduction of

11  releases of toxic materials; and

12         (i)  Certification that an agreement exists between the

13  person responsible for brownfield site rehabilitation and the

14  local government with jurisdiction over the brownfield area.

15  Such agreement shall contain terms for the redevelopment of

16  the brownfield area.

17         Section 3.  Subsection (3) is added to section 376.81,

18  Florida Statutes, 1998 Supplement, to read:

19         376.81  Brownfield site and brownfield areas

20  contamination cleanup criteria.--

21         (3)  The cleanup criteria specified in this section do

22  not constitute disposal or reuse criteria. Offsite disposal or

23  relocation must be in accordance with all applicable federal,

24  state, and local laws and rules.

25         Section 4.  This act shall take effect July 1, 1999.

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    Florida Senate - 1999                                  SB 2420
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  2                          SENATE SUMMARY

  3    Defines the term "contaminant" and redefines other terms
      for purposes of laws governing brownfields redevelopment.
  4    Requires that a person rehabilitating a brownfield site
      enter into an agreement with the Department of
  5    Environmental Protection if actual environmental
      contamination exists at the site. Provides that cleanup
  6    criteria for brownfield contamination do not constitute
      disposal or reuse criteria.
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