Florida Senate - 2009                              CS for SB 114
       
       
       
       By the Committee on Environmental Preservation and Conservation;
       and Senator Justice
       
       
       
       592-02627A-09                                          2009114c1
    1                        A bill to be entitled                      
    2         An act relating to environmental cleanup; amending s.
    3         376.30702, F.S.; revising contamination notification
    4         provisions; requiring individuals responsible for site
    5         rehabilitation to provide notice of site
    6         rehabilitation to specified entities; revising
    7         provisions relating to the content and delivery of
    8         such notice; requiring local governments to provide
    9         specified notice of site rehabilitation; requiring the
   10         Department of Environmental Protection to verify
   11         compliance with notice requirements; authorizing the
   12         department to pursue enforcement measures for
   13         noncompliance with notice requirements; requiring the
   14         department to provide specified notice to certain
   15         property owners; revising the department’s
   16         contamination notification requirements for certain
   17         public schools; requiring the department to provide
   18         specified notice to private K-12 schools and child
   19         care facilities; requiring the department to provide
   20         specified notice to public schools within a specified
   21         area; providing notice requirements; creating s.
   22         376.30717, F.S.; creating the Petroleum Restoration
   23         Program Advisory Board; providing for membership,
   24         terms, appointment of a chair and vice chair,
   25         reimbursement for expenses, and meetings; requiring
   26         the board to review the Petroleum Restoration Program;
   27         requiring an annual report to the Secretary of
   28         Environmental Protection and the Legislature;
   29         providing for the content of the report; providing an
   30         effective date.
   31  
   32  Be It Enacted by the Legislature of the State of Florida:
   33  
   34         Section 1. Section 376.30702, Florida Statutes, is amended
   35  to read:
   36         376.30702 Contamination notification.—
   37         (1) FINDINGS; INTENT; APPLICABILITY.—The Legislature finds
   38  and declares that when contamination is discovered by any person
   39  as a result of site rehabilitation activities conducted pursuant
   40  to the risk-based corrective action provisions found in s.
   41  376.3071(5), s. 376.3078(4), s. 376.81, or s. 376.30701, or
   42  pursuant to an administrative or court order, it is in the
   43  public’s best interest that potentially affected persons be
   44  notified of the existence of such contamination. Therefore,
   45  persons discovering such contamination shall notify the
   46  department and those identified in this section of such
   47  discovery in accordance with the requirements of this section,
   48  and the department shall be responsible for notifying the
   49  affected public. The Legislature intends for the provisions of
   50  this section to govern the notice requirements for early
   51  notification of the discovery of contamination.
   52         (2)(a) INITIAL NOTICE OF CONTAMINATION BEYOND PROPERTY
   53  BOUNDARIES.—If at any time during site rehabilitation conducted
   54  pursuant to s. 376.3071(5), s. 376.3078(4), s. 376.81, or s.
   55  376.30701, or an administrative or court order the person
   56  responsible for site rehabilitation, the person’s authorized
   57  agent, or another representative of the person discovers from
   58  laboratory analytical results that comply with appropriate
   59  quality assurance protocols specified in department rules that
   60  contamination as defined in applicable department rules exists
   61  in any groundwater, surface water, or soil either within or
   62  medium beyond the boundaries 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, or an administrative or
   65  court order, the person responsible for site rehabilitation
   66  shall give actual notice as soon as possible, but no later than
   67  10 days from such discovery, to the Division of Waste Management
   68  at the department’s Tallahassee office. The actual notice shall
   69  be provided on a form adopted by department rule and mailed by
   70  certified mail, return receipt requested. The person responsible
   71  for site rehabilitation shall simultaneously provide mail a copy
   72  of such notice to:
   73         1. The appropriate department district office;,
   74         2.The appropriate county health department;,
   75         3.The mayor, the chair of the county commission, or the
   76  comparable senior elected official representing the affected
   77  area;
   78         4.The city manager, the county administrator, or the
   79  comparable senior elected official representing the affected
   80  area;
   81         5.The state senator and state representative representing
   82  the affected area, both United States Senators, and the United
   83  States Representatives; and
   84         6. All real property owners, known lessees, and tenants of
   85  the source property at which site rehabilitation is being
   86  conducted, if different from the person responsible for site
   87  rehabilitation, and all real property owners, lessees, and
   88  tenants of any properties within a 1,000-foot radius of each
   89  sampling point at which contamination is discovered.
   90  
   91  Persons responsible for site rehabilitation pursuant to the
   92  risk-based corrective action provisions found in ss. 376.3071,
   93  376.3078, and 376.81 are exempt from the notice requirements in
   94  subparagraphs 3., 4., 5., and 6.
   95         (b) The notice shall include the following information:
   96         1.(a) The location of the property at which site
   97  rehabilitation was initiated pursuant to s. 376.3071(5), s.
   98  376.3078(4), s. 376.81, or s. 376.30701, or an administrative or
   99  court order and contact information for the person responsible
  100  for site rehabilitation, the person’s authorized agent, or
  101  another representative of the person.
  102         2.(b) A listing of all record owners of any real property,
  103  other than the property at which site rehabilitation was
  104  initiated pursuant to s. 376.3071(5), s. 376.3078(4), s. 376.81,
  105  or s. 376.30701, at which contamination has been discovered; the
  106  parcel identification number for any such real property; the
  107  owner’s address listed in the current county property tax office
  108  records; and the owner’s telephone number. The requirements of
  109  this paragraph do not apply to the notice to known tenants and
  110  lessees of the source property.
  111         3.(c) Separate tables for by medium, such as groundwater,
  112  soil, or surface water which, or sediment, that list sampling
  113  locations identified on the vicinity map as provided in
  114  subparagraph 4.; sampling dates; names of contaminants detected
  115  above cleanup target levels; their corresponding cleanup target
  116  levels; the contaminant concentrations; and whether the cleanup
  117  target level is based on health, nuisance, organoleptic, or
  118  aesthetic concerns.
  119         4.(d) A vicinity map that shows each sampling location with
  120  corresponding laboratory analytical results pursuant to
  121  subparagraph 3. and the date on which the sample was collected
  122  and that identifies the property boundaries of the property at
  123  which site rehabilitation was initiated pursuant to s.
  124  376.3071(5), s. 376.3078(4), s. 376.81, or s. 376.30701, or an
  125  administrative or court order and any the other properties at
  126  which contamination has been discovered during such site
  127  rehabilitation.
  128         (c)The notice provided to local government officials shall
  129  be mailed by certified mail, return receipt requested, and shall
  130  advise the local government of its responsibilities under
  131  subsection (3). Copies of the notices and receipts shall be
  132  provided to the department as proof of compliance with this
  133  subsection.
  134         (d)The notice provided to real property owners, lessees,
  135  and tenants may be delivered by certified mail, return receipt
  136  requested, hand delivery, or door-hanger. Copies of the notices
  137  and receipts, or a copy or sample of the hand-delivered notice
  138  or door-hanger and a list of addresses to which the notice or
  139  door-hanger was distributed, shall be provided to the department
  140  as proof of compliance with this subsection.
  141         (3)LOCAL GOVERNMENT’S NOTICE RESPONSIBILITIES.—Within 30
  142  days after receiving the actual notice required under subsection
  143  (2), the local government shall mail a copy of the notice to the
  144  president or comparable executive officer of each homeowners’
  145  association or neighborhood association within the potentially
  146  affected area as described in subsection (2).
  147         (4)(3) DEPARTMENT’S NOTICE RESPONSIBILITIES.—
  148         (a) Within 30 days after receiving the actual notice
  149  required under pursuant to subsection (2), or within 30 days of
  150  the effective date of this act if the department already
  151  possesses information equivalent to that required by the notice,
  152  the department shall verify that the person responsible for site
  153  rehabilitation has complied with the notice requirements of this
  154  section send a copy of such notice, or an equivalent
  155  notification, to all record owners of any real property, other
  156  than the property at which site rehabilitation was initiated
  157  pursuant to s. 376.3071(5), s. 376.3078(4), s. 376.81, or s.
  158  376.30701, at which contamination has been discovered. If the
  159  person responsible for site rehabilitation has not complied with
  160  the notice requirements of this section, the department may
  161  pursue enforcement as provided under this chapter and chapter
  162  403.
  163         (b) If the property at which contamination has been
  164  discovered is the site of a school as defined in s. 1003.01, the
  165  department shall mail also send a copy of the notice to the
  166  superintendent chair of the school board of the school district
  167  in which the property is located and direct the superintendent
  168  said school board to provide actual notice annually to teachers
  169  and parents or guardians of students attending the school during
  170  the period of site rehabilitation.
  171         (c)If the property at which contamination has been
  172  discovered is the site of a private K-12 school or a child care
  173  facility as defined in s. 402.302, the department shall mail a
  174  copy of the notice to the governing board, principal, or owner
  175  of the school or child care facility and direct the governing
  176  board, principal, or owner to provide actual notice annually to
  177  teachers and parents or guardians of students or children
  178  attending the school or child care facility during the period of
  179  site rehabilitation.
  180         (d)If any property within a 1-mile radius of the property
  181  at which contamination has been discovered is the site of a
  182  school as defined in s. 1003.01, the department shall mail a
  183  copy of the notice to the superintendent of the school district
  184  in which the property is located and direct the superintendent
  185  to provide actual notice annually to the principal of the
  186  school. This paragraph does not apply to those sites at which
  187  site rehabilitation was initiated pursuant to s. 376.30701, s.
  188  376.3078, or s. 376.81.
  189         (e) Along with the copy of the notice or its equivalent,
  190  the department shall include a letter identifying sources of
  191  additional information about the contamination and a telephone
  192  number to which further inquiries should be directed. The
  193  department may collaborate with the Department of Health to
  194  develop such sources of information and to establish procedures
  195  for responding to public inquiries about health risks associated
  196  with contaminated sites.
  197         (5)(4) RULEMAKING AUTHORITY.—The department shall adopt
  198  rules and forms pursuant to ss. 120.536(1) and 120.54 to
  199  implement the requirements of this section.
  200         Section 2. Section 376.30717, Florida Statutes, is created
  201  to read:
  202         376.30717Advisory board.—
  203         (1)There shall be a Petroleum Restoration Program Advisory
  204  Board that shall report to the secretary and the Legislature
  205  regarding improvements to the Petroleum Restoration Program
  206  which have a goal of reducing costs and increasing site cleanups
  207  by 10 percent per year and achieving restoration of all sites in
  208  the program by 2025.
  209         (2)The board shall consist of seven members.
  210         (a)The President of the Senate and the Speaker of the
  211  House of Representatives shall each appoint one member who
  212  possesses knowledge, skill, and experience in the areas of
  213  geology or insurance.
  214         (b)The secretary of the department shall appoint five
  215  members as follows:
  216         1.Four members nominated by the Florida Petroleum
  217  Marketers and Convenience Store Association; and
  218         2.One member nominated by the Florida Petroleum Council.
  219         (3)Each member of the board shall be appointed to a 3-year
  220  term, except two members shall be appointed to an initial term
  221  of 1 year, two members shall be appointed to an initial term of
  222  2 years, and three members shall be appointed to an initial term
  223  of 3 years as determined by lot at the first meeting of the
  224  board.
  225         (a)If a vacancy on the board occurs before the expiration
  226  of a term, a successor shall be appointed for the remainder of
  227  the unexpired term.
  228         (b)A member may not be appointed for more than two
  229  consecutive terms.
  230         (4)Board members may not be compensated for their services
  231  and are not entitled to reimbursement for per diem and travel
  232  expenses in accordance with s. 112.061.
  233         (5)The board shall annually elect from among its members a
  234  chair and vice chair. The board shall meet at the chair’s
  235  discretion; however, at least four meetings must be held per
  236  year. Official meetings of the board may be conducted via
  237  teleconference.
  238         (a)A majority of the members of the board constitute a
  239  quorum, and action by a majority of a quorum is necessary for
  240  the board to take any official action.
  241         (b)All meetings of the board must be open and available to
  242  the public in accordance s. 286.011.
  243         (6)Semiannually, the secretary, or a designee, shall meet
  244  with the board to review the Petroleum Restoration Program,
  245  statutory or rule hindrances to the program, funding strategies,
  246  program staffing strategies, site-ranking strategies, and other
  247  strategies to improve the quality and cost-effectiveness of the
  248  program.
  249         (7)The board shall prepare an annual report on the
  250  Petroleum Restoration Program which recaps all areas reviewed by
  251  the board. The areas of review include, but are not limited to:
  252         (a)The department’s Preapproval Standard Operating
  253  Procedures Guidelines Manual as well as proposed program rules
  254  potentially impacting petroleum site owners, operators, or
  255  environmental contractors and methods of improvement.
  256         (b)Issues affecting the quality and cost of site
  257  assessments and restoration.
  258         (c)Program productivity and efficiency.
  259         (d)The adequacy of supporting program policies, with the
  260  goal of increasing the number of site-completion orders issued
  261  by 10 percent annually.
  262         (8)The board shall submit its report to the secretary, the
  263  President of the Senate, and the Speaker of the House of
  264  Representatives by January 31 of each year.
  265         Section 3. This act shall take effect July 1, 2009.