HB 207

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	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 that for the provisions
44	of 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, the person responsible for site rehabilitation
60	shall give actual notice as soon as possible, but no later than
61	10 days after the from such discovery, to the Division of Waste
62	Management at the department's Tallahassee office. The actual
63	notice must shall be provided on a form adopted by department
64	rule and mailed by certified mail, return receipt requested. The
65	person responsible for site rehabilitation shall simultaneously
66	provide mail a copy of the such notice to the appropriate
67	department district office and, county health department, and
68	all known lessees and tenants of the source property.
69	(b)  The notice must shall include the following
70	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 and contact information
74	for the person responsible for site rehabilitation, the person's
75	authorized agent, or another representative of the person.
76	2.(b)  A listing of all record owners of the any real
77	property, other than the property at which site rehabilitation
78	was initiated pursuant to s. 376.3071(5), s. 376.3078(4), s.
79	376.81, or s. 376.30701, at which contamination has been
80	discovered; the parcel identification number for any such real
81	property; the owner's address listed in the current county
82	property tax office records; and the owner's telephone number.
83	The requirements of this paragraph do not apply to the notice to
84	known tenants and lessees of the source property.
85	3.(c)  Separate tables for by medium, such as groundwater,
86	soil, and surface water which, or sediment, that list sampling
87	locations identified on the vicinity map described in
88	subparagraph 4.; sampling dates; names of contaminants detected
89	above cleanup target levels; their corresponding cleanup target
90	levels; the contaminant concentrations; and whether the cleanup
91	target level is based on health, nuisance, organoleptic, or
92	aesthetic concerns.
93	4.(d)  A vicinity map that shows each sampling location
94	with corresponding laboratory analytical results described in
95	subparagraph 3. and the date on which the sample was collected
96	and that identifies the property boundaries of the property at
97	which site rehabilitation was initiated pursuant to s.
98	376.3071(5), s. 376.3078(4), s. 376.81, or s. 376.30701 and any
99	the other properties at which contamination has been discovered
100	during such site rehabilitation. If available, a contaminant
101	plume map signed and sealed by a state-licensed professional
102	engineer or geologist may be included with the vicinity map.
103	(3)  DEPARTMENT'S NOTICE RESPONSIBILITIES.--
104	(a)  Within 30 days after receiving the actual notice
105	required under subsection (2), the department shall notify the
106	following persons of the contamination:
107	1.  The mayor, the chair of the county commission, or the
108	comparable senior elected official representing the affected
109	area.
110	2.  The city manager, the county administrator, or the
111	comparable senior administrative official representing the
112	affected area.
113	3.  The state senator, state representative, and United
114	States Representative representing the affected area and both
115	United States Senators.
116	4.  All real property owners, presidents of any condominium
117	associations or sole owners of condominiums, lessees, and the
118	tenants of record for:
119	a.  The property at which site rehabilitation is being
120	conducted, if different from the person responsible for site
121	rehabilitation;
122	b.  Any properties within a 500-foot radius of each
123	sampling point at which contamination is discovered, if site
124	rehabilitation was initiated pursuant to s. 376.30701 or an
125	administrative or court order; and
126	c.  Any properties within a 250-foot radius of each
127	sampling point at which contamination is discovered or any
128	properties identified on a contaminant plume map provided
129	pursuant to subparagraph (2)(b)4., if site rehabilitation was
130	initiated pursuant to s. 376.3071(5), s. 376.3078(4), or s.
131	376.81.
132	(b)  The notice provided to:
133	1.  Local government officials shall be mailed by certified
134	mail, return receipt requested, and must advise the local
135	government of its responsibilities under subsection (4).
136	2.  Real property owners, presidents of any condominium
137	associations or sole owners of condominiums, lessees, and
138	tenants of record may be delivered by certified mail, return
139	receipt requested, first-class mail, hand delivery, or door
140	hanger.
141	(c)  Within 30 days after receiving the actual notice
142	required under pursuant to subsection (2), or within 30 days of
143	the effective date of this act if the department already
144	possesses information equivalent to that required by the notice,
145	the department shall verify that the person responsible for site
146	rehabilitation has complied with the notice requirements of this
147	section send a copy of such notice, or an equivalent
148	notification, to all record owners of any real property, other
149	than the property at which site rehabilitation was initiated
150	pursuant to s. 376.3071(5), s. 376.3078(4), s. 376.81, or s.
151	376.30701, at which contamination has been discovered. If the
152	person responsible for site rehabilitation has not complied with
153	the notice requirements, the department may pursue enforcement
154	as provided under this chapter and chapter 403.
155	(d)1.  If the property at which contamination has been
156	discovered is the site of a school as defined in s. 1003.01, the
157	department shall mail also send a copy of the notice to the
158	superintendent chair of the school board of the school district
159	in which the property is located and direct the superintendent
160	said school board to provide actual notice annually to teachers
161	and parents or guardians of students attending the school during
162	the period of site rehabilitation.
163	2.  If the property at which contamination has been
164	discovered is the site of a private K-12 school or a child care
165	facility as defined in s. 402.302, the department shall mail a
166	copy of the notice to the governing board, principal, or owner
167	of the school or child care facility and direct the governing
168	board, principal, or owner to provide actual notice annually to
169	teachers and parents or guardians of students or children
170	attending the school or child care facility during the period of
171	site rehabilitation.
172	3.  If any property within a 1-mile radius of the property
173	at which contamination has been discovered during site
174	rehabilitation pursuant to s. 376.30701 or an administrative or
175	court order is the site of a school as defined in s. 1003.01,
176	the department shall mail a copy of the notice to the
177	superintendent of the school district in which the property is
178	located and direct the superintendent to provide actual notice
179	annually to the principal of the school.
180	4.  If any property within a 250-foot radius of the
181	property at which contamination has been discovered during site
182	rehabilitation pursuant to s. 376.3071(5), s. 376.3078(4), or s.
183	376.81 is the site of a school as defined in s. 1003.01, the
184	department shall mail a copy of the notice to the superintendent
185	of the school district in which the property is located and
186	direct the superintendent to provide actual notice annually to
187	the principal of the school.
188	(e)  Along with the copy of the notice or its equivalent,
189	the department shall include a letter identifying sources of
190	additional information about the contamination and a telephone
191	number to which further inquiries should be directed. The
192	department may collaborate with the Department of Health to
193	develop such sources of information and to establish procedures
194	for responding to public inquiries about health risks associated
195	with contaminated sites.
196	(4)  LOCAL GOVERNMENT'S NOTICE RESPONSIBILITIES.--Within 30
197	days after receiving the actual notice required under subsection
198	(2), the local government shall mail a copy of the notice to the
199	president or equivalent officer of each homeowners' association
200	or neighborhood association within the potentially affected area
201	as described in subsection (2).
202	(5)  RECOVERY OF NOTIFICATION COSTS.--The department shall
203	recover the costs of postage, materials, and labor associated
204	with notification from the responsible party, unless site
205	rehabilitation is eligible for state-funded cleanup pursuant to
206	the risk-based corrective action provisions found in s.
207	376.3071(5) or s. 376.3078(4).
208	(6)(4)  RULEMAKING AUTHORITY.--The department shall adopt
209	rules and forms pursuant to ss. 120.536(1) and 120.54 to
210	administer implement the requirements of this section.
211	Section 2.  This act shall take effect July 1, 2010.

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