CS/CS/HB 1229

1	A bill to be entitled
2	An act relating to contamination notification; amending s.
3	376.30702, F.S.; revising contamination notification
4	provisions; requiring individuals responsible for site
5	rehabilitation to provide notice of site rehabilitation to
6	specified entities; revising provisions relating to the
7	content of such notice; requiring the Department of
8	Environmental Protection to provide notice of site
9	rehabilitation to specified entities and certain property
10	owners; providing an exemption; requiring the department
11	to verify compliance with notice requirements; authorizing
12	the department to pursue enforcement measures for
13	noncompliance with notice requirements; revising the
14	department's contamination notification requirements for
15	certain public schools; requiring the department to
16	provide specified notice to private K-12 schools and child
17	care facilities; requiring the department to provide
18	specified notice to public schools within a specified
19	area; providing notice requirements, including directives
20	to extend such notice to certain other persons; requiring
21	local governments to provide specified notice of site
22	rehabilitation; requiring the department to recover
23	notification costs from responsible parties; providing an
24	exception; providing an effective date.
25
26	Be It Enacted by the Legislature of the State of Florida:
27
28	Section 1.  Section 376.30702, Florida Statutes, is amended
29	to read:
30	376.30702  Contamination notification.--
31	(1)  FINDINGS; INTENT; APPLICABILITY.--The Legislature
32	finds and declares that when contamination is discovered by any
33	person as a result of site rehabilitation activities conducted
34	pursuant to the risk-based corrective action provisions found in
35	s. 376.3071(5), s. 376.3078(4), s. 376.81, or s. 376.30701, or
36	pursuant to an administrative or court order, it is in the
37	public's best interest that potentially affected persons be
38	notified of the existence of such contamination. Therefore,
39	persons discovering such contamination shall notify the
40	department and those identified under this section of the such
41	discovery in accordance with the requirements of this section,
42	and the department shall be responsible for notifying the
43	affected public. The Legislature intends for the provisions of
44	this section to govern the notice requirements for early
45	notification of the discovery of contamination.
46	(2)  INITIAL NOTICE OF CONTAMINATION BEYOND PROPERTY
47	BOUNDARIES.--
48	(a)  If at any time during site rehabilitation conducted
49	pursuant to s. 376.3071(5), s. 376.3078(4), s. 376.81, or s.
50	376.30701, or an administrative or court order the person
51	responsible for site rehabilitation, the person's authorized
52	agent, or another representative of the person discovers from
53	laboratory analytical results that comply with appropriate
54	quality assurance protocols specified in department rules that
55	contamination as defined in applicable department rules exists
56	in any groundwater, surface water, or soil at or medium beyond
57	the boundaries of the property at which site rehabilitation was
58	initiated pursuant to s. 376.3071(5), s. 376.3078(4), s. 376.81,
59	or s. 376.30701, or an administrative or court order, the person
60	responsible for site rehabilitation shall give actual notice as
61	soon as possible, but no later than 10 days from such discovery,
62	to the Division of Waste Management at the department's
63	Tallahassee office. The actual notice shall be provided on a
64	form adopted by department rule and mailed by certified mail,
65	return receipt requested. The person responsible for site
66	rehabilitation shall simultaneously provide mail a copy of the
67	such notice to the appropriate department district office and
68	the appropriate, county health department, and all known lessees
69	and tenants of the source property.
70	(b)  The notice shall include the following information:
71	1.(a)  The location of the property at which site
72	rehabilitation was initiated pursuant to s. 376.3071(5), s.
73	376.3078(4), s. 376.81, or s. 376.30701, or an administrative or
74	court order and contact information for the person responsible
75	for site rehabilitation, the person's authorized agent, or
76	another representative of the person.
77	2.(b)  A listing of all record owners of any real property,
78	other than the property at which site rehabilitation was
79	initiated pursuant to s. 376.3071(5), s. 376.3078(4), s. 376.81,
80	or s. 376.30701, at which contamination has been discovered; the
81	parcel identification number for any such real property; the
82	owner's address listed in the current county property tax office
83	records; and the owner's telephone number. The requirements of
84	this paragraph do not apply to the notice to known tenants and
85	lessees of the source property.
86	3.(c)  Separate tables for by medium, such as groundwater,
87	soil, and surface water which, or sediment, that list sampling
88	locations identified on the vicinity map as provided in
89	subparagraph 4.; sampling dates; names of contaminants detected
90	above cleanup target levels; their corresponding cleanup target
91	levels; the contaminant concentrations; and whether the cleanup
92	target level is based on health, nuisance, organoleptic, or
93	aesthetic concerns.
94	4.(d)  A vicinity map that shows each sampling location
95	with corresponding laboratory analytical results pursuant to
96	subparagraph 3. and the date on which the sample was collected
97	and that identifies the property boundaries of the property at
98	which site rehabilitation was initiated pursuant to s.
99	376.3071(5), s. 376.3078(4), s. 376.81, or s. 376.30701, or an
100	administrative or court order and any the other properties at
101	which contamination has been discovered during such site
102	rehabilitation. If available, a contaminant plume map signed and
103	sealed by a Florida-licensed professional engineer or geologist
104	may be included with the vicinity map.
105	(3)  DEPARTMENT'S NOTICE RESPONSIBILITIES.--
106	(a)  Within 30 days after receiving the actual notice
107	required under subsection (2), the department shall notify the
108	following persons of such contamination:
109	1.  The mayor, the chair of the county commission, or the
110	comparable senior elected official representing the affected
111	area.
112	2.  The city manager, the county administrator, or the
113	comparable senior administrative official representing the
114	affected area.
115	3.  The state senator, state representative, and United
116	States Representative representing the affected area and both
117	United States Senators.
118	4.a.  All real property owners, presidents of any
119	condominium associations or sole owners of condominiums,
120	lessees, and tenants of record of the property at which site
121	rehabilitation is being conducted, if different from the person
122	responsible for site rehabilitation;
123	b.  All real property owners, presidents of any condominium
124	associations or sole owners of condominiums, lessees, and
125	tenants of record of any properties within a 500-foot radius of
126	each sampling point at which contamination is discovered, if
127	site rehabilitation was initiated pursuant to s. 376.30701 or an
128	administrative or court order; and
129	c.  All real property owners, presidents of any condominium
130	associations or sole owners of condominiums, lessees, and
131	tenants of record of any properties within a 250-foot radius of
132	each sampling point at which contamination is discovered or any
133	properties identified on a contaminant plume map provided
134	pursuant to subparagraph (2)(b)4., if site rehabilitation was
135	initiated pursuant to s. 376.3071(5), s. 376.3078(4), or s.
136	376.81.
137	(b)1.  The notice provided to local government officials
138	shall be mailed by certified mail, return receipt requested, and
139	shall advise the local government of its responsibilities under
140	subsection (4).
141	2.  The notice provided to real property owners, presidents
142	of any condominium associations or sole owners of condominiums,
143	lessees, and tenants of record may be delivered by certified
144	mail, return receipt requested, first-class mail, hand delivery,
145	or door-hanger.
146	(c)  Within 30 days after receiving the actual notice
147	required under pursuant to subsection (2), or within 30 days of
148	the effective date of this act if the department already
149	possesses information equivalent to that required by the notice,
150	the department shall verify that the person responsible for site
151	rehabilitation has complied with the notice requirements of this
152	section send a copy of such notice, or an equivalent
153	notification, to all record owners of any real property, other
154	than the property at which site rehabilitation was initiated
155	pursuant to s. 376.3071(5), s. 376.3078(4), s. 376.81, or s.
156	376.30701, at which contamination has been discovered. If the
157	person responsible for site rehabilitation has not complied with
158	the notice requirements of this section, the department may
159	pursue enforcement as provided under this chapter and chapter
160	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 mail also send a copy of the notice to the
164	superintendent chair of the school board of the school district
165	in which the property is located and direct the superintendent
166	said school board to 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.  If any property within a 1-mile radius of the property
179	at which contamination has been discovered during site
180	rehabilitation pursuant to s. 376.30701 or an administrative or
181	court order is the site of a school as defined in s. 1003.01,
182	the department shall mail a copy of the notice to the
183	superintendent of the school district in which the property is
184	located and direct the superintendent to provide actual notice
185	annually to the principal of the school.
186	4.  If any property within a 250-foot radius of the
187	property at which contamination has been discovered during site
188	rehabilitation pursuant to s. 376.3071(5), s. 376.3078(4), or s.
189	376.81 is the site of a school as defined in s. 1003.01, the
190	department shall mail a copy of the notice to the superintendent
191	of the school district in which the property is located and
192	direct the superintendent to provide actual notice annually to
193	the principal of the school.
194	(e)  Along with the copy of the notice or its equivalent,
195	the department shall include a letter identifying sources of
196	additional information about the contamination and a telephone
197	number to which further inquiries should be directed. The
198	department may collaborate with the Department of Health to
199	develop such sources of information and to establish procedures
200	for responding to public inquiries about health risks associated
201	with contaminated sites.
202	(4)  LOCAL GOVERNMENT'S NOTICE RESPONSIBILITIES.--Within 30
203	days after receiving the actual notice required under subsection
204	(2), the local government shall mail a copy of the notice to the
205	president or comparable executive officer of each homeowners'
206	association or neighborhood association within the potentially
207	affected area as described in subsection (2).
208	(5)(4)  RULEMAKING AUTHORITY; RECOVERY OF COSTS OF
209	NOTIFICATION.--The department shall adopt rules and forms
210	pursuant to ss. 120.536(1) and 120.54 to implement the
211	requirements of this section and shall recover the costs of
212	postage, materials, and labor associated with notification from
213	the responsible party, except when site rehabilitation is
214	eligible for state-funded cleanup pursuant to the risk-based
215	corrective action provisions found in s. 376.3071(5) or s.
216	376.3078(4).
217	Section 2.  This act shall take effect July 1, 2009.

CODING: Words stricken are deletions; words underlined are additions.