Florida Senate - 2009 COMMITTEE AMENDMENT
Bill No. SB 114
Barcode 376522
LEGISLATIVE ACTION
Senate . House
Comm: WD .
03/10/2009 .
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The Committee on Environmental Preservation and Conservation
(Dockery) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause.
4
5 Section 1. Section 376.30702, Florida Statutes, is amended
6 to read:
7 376.30702 Contamination notification.—
8 (1) FINDINGS; INTENT; APPLICABILITY.—The Legislature finds
9 and declares that if when contamination is discovered by any
10 person as a result of site rehabilitation activities conducted
11 pursuant to the risk-based corrective action provisions found in
12 s. 376.3071(5), s. 376.3078(4), s. 376.81, or s. 376.30701, or
13 pursuant to an administrative or court order, it is in the
14 public's best interest that potentially affected persons be
15 notified of the existence of such contamination. Therefore,
16 persons discovering such contamination shall notify the
17 department and potentially affected persons of such discovery in
18 accordance with the requirements of this section, and the
19 department shall be responsible for notifying the affected
20 public. The Legislature intends for the provisions of this
21 section to govern the notice requirements for early notification
22 of the discovery of contamination.
23 (2) INITIAL NOTICE OF CONTAMINATION BEYOND PROPERTY
24 BOUNDARIES.—If at any time during site rehabilitation conducted
25 pursuant to s. 376.3071(5), s. 376.3078(4), s. 376.81, or s.
26 376.30701, or an administrative or court order, the person
27 responsible for site rehabilitation, the person's authorized
28 agent, or another representative of the person discovers from
29 laboratory analytical results that comply with appropriate
30 quality assurance protocols specified in department rules that
31 contamination as defined in applicable department rules exists
32 in any groundwater, surface water, or soil within or medium
33 beyond the boundaries of the property at which site
34 rehabilitation was initiated pursuant to s. 376.3071(5), s.
35 376.3078(4), s. 376.81, or s. 376.30701, or an administrative or
36 court order, the person responsible for site rehabilitation
37 shall give actual notice as soon as possible, but within no
38 later than 10 days after from such discovery, to the Division of
39 Waste Management at the department's Tallahassee office. The
40 actual notice shall be provided on a form adopted by department
41 rule and mailed by certified mail, return receipt requested.
42 (a) The person responsible for site rehabilitation shall
43 simultaneously provide mail a copy of such notice to:
44 1. The appropriate department district office;,
45 2. The appropriate county health department;,
46 3. The mayor, the chair of the county commission, or the
47 comparable senior elected official representing the affected
48 area;
49 4. The city manager, the county administrator, or the
50 comparable senior elected official representing the affected
51 area;
52 5. The state senator, state representative, United States
53 Senator, and United States Representative representing the
54 affected area; and
55 6. All real property owners, known lessees, and tenants of
56 the source property at which site rehabilitation is being
57 conducted, if different from the person responsible for site
58 rehabilitation, and all real property owners, lessees, and
59 tenants of any properties within a 1,000-foot radius of each
60 sampling point at which contamination is discovered.
61 (b) The notice shall include the following information:
62 1.(a) The location of the property at which site
63 rehabilitation was initiated pursuant to s. 376.3071(5), s.
64 376.3078(4), s. 376.81, or s. 376.30701 and contact information
65 for the person responsible for site rehabilitation, the person's
66 authorized agent, or another representative of the person.
67 2.(b) A listing of all record owners of any real property
68 owners of sites, other than the property at which site
69 rehabilitation was initiated pursuant to s. 376.3071(5), s.
70 376.3078(4), s. 376.81, or s. 376.30701, at which contamination
71 has been discovered; the parcel identification number for any
72 such real property; the owner's address listed in the current
73 county property tax office records; and the owner's telephone
74 number. The requirements of this paragraph do not apply to the
75 notice to known tenants and lessees of the source property.
76 3.(c) Separate tables for by medium, such as groundwater,
77 soil, or surface water which, or sediment, that list sampling
78 locations identified on the vicinity map as provided in
79 subparagraph 4.; sampling dates; names of contaminants detected
80 above cleanup target levels; their corresponding cleanup target
81 levels; the contaminant concentrations; and whether the cleanup
82 target level is based on health, nuisance, organoleptic, or
83 aesthetic concerns.
84 4.(d) A vicinity map that shows each sampling location with
85 corresponding laboratory analytical results pursuant to
86 subparagraph 3. and the date on which the sample was collected
87 and that identifies the property boundaries of the property at
88 which site rehabilitation was initiated pursuant to s.
89 376.3071(5), s. 376.3078(4), s. 376.81, or s. 376.30701 and any
90 the other properties at which contamination has been discovered
91 during such site rehabilitation.
92 (c) The notice to local government officials shall be
93 provided by certified mail, return receipt requested, and must
94 advise the local government of its responsibilities under
95 subsection (3). Copies of the notices and receipts shall be
96 provided to the department as proof of compliance with this
97 subsection.
98 (d) The notice to real property owners, lessees, and
99 tenants may be delivered by certified mail, return receipt
100 requested, hand delivery, or door-hanger. Copies of the notices
101 and receipts, or a copy or sample of the hand-delivered notice
102 or door-hanger and a list of addresses to which the notice or
103 door-hanger was distributed, shall be provided to the department
104 as proof of compliance with this subsection.
105 (3) LOCAL GOVERNMENT'S NOTICE RESPONSIBILITIES.—Within 30
106 days after receiving the actual notice required under subsection
107 (2), the local government shall mail a copy of the notice to the
108 president or comparable executive officer of each homeowners'
109 association or neighborhood association within the potentially
110 affected area as described in subsection (2).
111 (4)(3) DEPARTMENT'S NOTICE RESPONSIBILITIES.—
112 (a) Within 30 days after receiving the actual notice
113 required under pursuant to subsection (2), or within 30 days of
114 the effective date of this act if the department already
115 possesses information equivalent to that required by the notice,
116 the department shall verify that the person responsible for site
117 rehabilitation has complied with the notice requirements of this
118 section send a copy of such notice, or an equivalent
119 notification, to all record owners of any real property, other
120 than the property at which site rehabilitation was initiated
121 pursuant to s. 376.3071(5), s. 376.3078(4), s. 376.81, or s.
122 376.30701, at which contamination has been discovered. If the
123 person responsible for site rehabilitation has not complied, the
124 department may pursue enforcement as provided under this chapter
125 and chapter 403.
126 (b) For sites conducting rehabilitation activities pursuant
127 to the provisions for a risk-based corrective action plan found
128 in s. 376.30701, within 60 days after receiving actual notice
129 pursuant to subsection (2), the department shall send a copy of
130 such notice, or an equivalent notification, to all record owners
131 of any real property other than the property at which site
132 rehabilitation was initiated pursuant to s. 376.30701.
133 (c) If the property at which contamination has been
134 discovered is the site of a school as defined in s. 1003.01, the
135 department shall mail also send a copy of the notice to the
136 superintendent chair of the school board of the school district
137 in which the property is located and direct the superintendent
138 said school board to provide actual notice annually to teachers
139 and parents or guardians of students attending the school during
140 the period of site rehabilitation.
141 (d) If the property at which contamination has been
142 discovered is the site of a private K-12 school or a child care
143 facility as defined in s. 402.302, the department shall mail a
144 copy of the notice to the governing board, principal, or owner
145 of the school or child care facility and direct the governing
146 board, principal, or owner to provide actual notice annually to
147 teachers and parents or guardians of students or children
148 attending the school or child care facility during the period of
149 site rehabilitation.
150 (e) If any property within a 1-mile radius of the property
151 at which contamination has been discovered is the site of a
152 school as defined in s. 1003.01, the department shall mail a
153 copy of the notice to the superintendent of the school district
154 in which the property is located and direct the superintendent
155 to provide actual notice annually to the principal of the
156 school.
157 (f) Along with the copy of the notice or its equivalent,
158 the department shall include a letter identifying sources of
159 additional information about the contamination and a telephone
160 number to which further inquiries should be directed. The
161 department may collaborate with the Department of Health to
162 develop such sources of information and to establish procedures
163 for responding to public inquiries about health risks associated
164 with contaminated sites.
165 (5)(4) RULEMAKING AUTHORITY.—The department shall adopt
166 rules and forms pursuant to ss. 120.536(1) and 120.54 to
167 implement the requirements of this section.
168 Section 2. Section 376.30717, Florida Statutes, is created
169 to read:
170 376.30717 Advisory board.—
171 (1) There shall be a Petroleum Restoration Program Advisory
172 Board that shall report to the secretary and the Legislature
173 regarding improvements to the Petroleum Restoration Program
174 which have a goal of reducing costs and increasing site cleanups
175 by 10 percent per year and achieving restoration of all sites in
176 the program by 2025.
177 (2) The board shall consist of seven members.
178 (a) The President of the Senate and the Speaker of the
179 House of Representatives shall each appoint one member who
180 possesses knowledge, skill, and experience in the areas of
181 geology or insurance.
182 (b) The secretary of the department shall appoint five
183 members as follows:
184 1. Four members nominated by the Florida Petroleum
185 Marketers and Convenience Store Association; and
186 2. One member nominated by the Florida Petroleum Council.
187 (3) Each member of the board shall be appointed to a 3-year
188 term, except two members shall be appointed to an initial term
189 of 1 year, two members shall be appointed to an initial term of
190 2 years, and three members shall be appointed to an initial term
191 of 3 years as determined by lot at the first meeting of the
192 board.
193 (a) If a vacancy on the board occurs before the expiration
194 of a term, a successor shall be appointed for the remainder of
195 the unexpired term.
196 (b) A member may not be appointed for more than two
197 consecutive terms.
198 (4) Board members may not be compensated for their
199 services, except that the members are entitled to reimbursement
200 for per diem and travel expenses in accordance with s. 112.061.
201 (5) The board shall annually elect from among its members a
202 chair and vice chair. The board shall meet at the chair’s
203 discretion; however, at least four meetings must be held per
204 year. Official meetings of the board may be conducted via
205 teleconference.
206 (a) A majority of the members of the board constitute a
207 quorum, and action by a majority of a quorum is necessary for
208 the board to take any official action.
209 (b) All meetings of the board must be open and available to
210 the public in accordance s. 286.011.
211 (6) Biannually, the secretary, or a designee, shall meet
212 with the board to review the Petroleum Restoration Program,
213 statutory or rule hindrances to the program, funding strategies,
214 program staffing strategies, site-ranking strategies, and other
215 strategies to improve the quality and cost-effectiveness of the
216 program.
217 (7) The board shall prepare an annual report on the
218 Petroleum Restoration Program which recaps all areas reviewed by
219 the board. The areas of review include, but are not limited to:
220 (a) The department’s Preapproval Standard Operating
221 Procedures Guidelines Manual as well as proposed program rules
222 potentially impacting petroleum site owners, operators, or
223 environmental contractors and methods of improvement.
224 (b) Issues affecting the quality and cost of site
225 assessments and restoration.
226 (c) Program productivity and efficiency.
227 (d) The adequacy of supporting program policies, with the
228 goal of increasing the number of site completion orders issued
229 by 10 percent annually.
230 (8) The board shall submit its report to the secretary, the
231 President of the Senate, and the Speaker of the House of
232 Representatives by January 31 of each year.
233 Section 3. This act shall take effect July 1, 2009.
234
235 ================= T I T L E A M E N D M E N T ================
236 And the title is amended as follows:
237 Delete everything before the enacting clause -
238 and insert:
239 A bill to be entitled
240 An act relating to contamination notification;
241 amending s. 376.30702, F.S.; revising contamination
242 notification provisions; requiring individuals
243 responsible for site rehabilitation to provide a copy
244 of the notice of site rehabilitation to specified
245 entities; revising provisions relating to the content
246 and delivery of such notice; requiring local
247 governments to provide specified notice of site
248 rehabilitation; requiring the Department of
249 Environmental Protection to verify compliance with
250 notice requirements; authorizing the department to
251 pursue enforcement measures for noncompliance with
252 notice requirements; requiring the department to
253 provide specified notice to certain property owners;
254 revising the department's contamination notification
255 requirements for certain public schools; requiring the
256 department to provide specified notice to private K-12
257 schools and child care facilities; requiring the
258 department to provide specified notice to public
259 schools within a specified area; providing notice
260 requirements; creating s. 376.30717, F.S.; creating
261 the Petroleum Restoration Program Advisory Board;
262 providing for membership, terms, appointment of a
263 chair and vice chair, reimbursement for expenses, and
264 meetings; requiring the board to review the Petroleum
265 Restoration Program; requiring an annual report to the
266 Secretary of Environmental Protection and the
267 Legislature; providing for the content of the report;
268 providing an effective date.