Florida Senate - 2012                                     SB 866
       
       
       
       By Senator Joyner
       
       
       
       
       18-00034-12                                            2012866__
    1                        A bill to be entitled                      
    2         An act relating to contamination notification;
    3         amending s. 376.30702, F.S.; revising contamination
    4         notification provisions; requiring that individuals
    5         responsible for site rehabilitation provide notice of
    6         certain information related to contamination and site
    7         rehabilitation to specified entities; revising
    8         provisions relating to the content of such notice;
    9         requiring the Department of Environmental Protection
   10         to provide notice of contamination to specified
   11         entities and certain property owners; requiring the
   12         department to verify compliance with notice
   13         requirements; authorizing the department to pursue
   14         enforcement measures for noncompliance with notice
   15         requirements; revising the department’s contamination
   16         notification requirements for certain public schools;
   17         requiring the department to provide specified notice
   18         to private K-12 schools and child care facilities;
   19         requiring the department to provide specified notice
   20         to public schools within a specified area; providing
   21         notice requirements, including directives to extend
   22         such notice to certain other persons; requiring local
   23         governments to provide specified notice of
   24         contamination; requiring that the local government and
   25         the department recover notification costs from
   26         responsible parties; providing a statement of
   27         important state interest; providing an effective date.
   28  
   29  Be It Enacted by the Legislature of the State of Florida:
   30  
   31         Section 1. Section 376.30702, Florida Statutes, is amended
   32  to read:
   33         376.30702 Contamination notification.—
   34         (1) FINDINGS; INTENT; APPLICABILITY.—The Legislature finds
   35  and declares that when contamination is discovered by any person
   36  as a result of site rehabilitation activities conducted pursuant
   37  to the risk-based corrective action provisions found in s.
   38  376.3071(5), s. 376.3078(4), s. 376.81, or s. 376.30701, or
   39  pursuant to an administrative or court order, it is in the
   40  public’s best interest that potentially affected persons be
   41  notified of the existence of such contamination. Therefore,
   42  persons discovering such contamination shall notify the
   43  department and those identified under this section of the such
   44  discovery in accordance with the requirements of this section,
   45  and the department shall be responsible for notifying the
   46  affected public. The Legislature intends that for the provisions
   47  of this section to govern the notice requirements for early
   48  notification of the discovery of contamination.
   49         (2) INITIAL NOTICE OF CONTAMINATION BEYOND PROPERTY
   50  BOUNDARIES.—
   51         (a) If, at any time during site rehabilitation conducted
   52  pursuant to s. 376.3071(5), s. 376.3078(4), s. 376.81, or s.
   53  376.30701, or an administrative or court order, the person
   54  responsible for site rehabilitation, the person’s authorized
   55  agent, or another representative of the person discovers, from
   56  laboratory analytical results that comply with appropriate
   57  quality assurance protocols specified in department rules, that
   58  contamination as defined in applicable department rules exists
   59  in any groundwater, surface water, or soil medium beyond the
   60  boundaries of the property at which site rehabilitation was
   61  initiated pursuant to s. 376.3071(5), s. 376.3078(4), s. 376.81,
   62  or s. 376.30701, the person responsible for site rehabilitation
   63  shall give actual notice as soon as possible, but within no
   64  later than 10 days after the from such discovery, to the
   65  Division of Waste Management at the department’s Tallahassee
   66  office. The actual notice must shall be provided on a form
   67  adopted by department rule and mailed by certified mail, return
   68  receipt requested. The person responsible for site
   69  rehabilitation shall simultaneously provide mail a copy of the
   70  such notice to the appropriate department district office and,
   71  county health department, and all known lessees and tenants of
   72  the source property.
   73         (b) The notice must shall include the following
   74  information:
   75         1.(a) The location of the property at which site
   76  rehabilitation was initiated pursuant to s. 376.3071(5), s.
   77  376.3078(4), s. 376.81, or s. 376.30701 and the contact
   78  information for the person responsible for site rehabilitation,
   79  the person’s authorized agent, or another representative of the
   80  person.
   81         2.(b) A listing of all record owners of the any real
   82  property, other than the property at which site rehabilitation
   83  was initiated pursuant to s. 376.3071(5), s. 376.3078(4), s.
   84  376.81, or s. 376.30701, at which contamination has been
   85  discovered; the parcel identification number for any such real
   86  property; the owner’s address listed in the current county
   87  property tax office records; and the owner’s telephone number.
   88  The requirements of this paragraph do not apply to the notice to
   89  known tenants and lessees of the source property.
   90         3.(c) Separate tables for by medium, such as groundwater,
   91  soil, and surface water which, or sediment, that list the
   92  sampling locations identified on the vicinity map described in
   93  subparagraph 4.; the sampling dates; the names of contaminants
   94  detected above cleanup target levels; their corresponding
   95  cleanup target levels; the contaminant concentrations; and
   96  whether the cleanup target level is based on health, nuisance,
   97  organoleptic, or aesthetic concerns.
   98         4.(d) A vicinity map that shows each sampling location with
   99  corresponding laboratory analytical results described in
  100  subparagraph 3. and the date on which the sample was collected
  101  and that identifies the property boundaries of the property at
  102  which site rehabilitation was initiated pursuant to s.
  103  376.3071(5), s. 376.3078(4), s. 376.81, or s. 376.30701 and any
  104  the other property properties at which contamination has been
  105  discovered during such site rehabilitation. If available, a
  106  contaminant plume map signed and sealed by a state-licensed
  107  professional engineer or geologist may be included with the
  108  vicinity map.
  109         (3) DEPARTMENT’S NOTICE RESPONSIBILITIES.—
  110         (a) After receiving the initial notice required under
  111  subsection (2), the department shall notify the following
  112  persons of the contamination:
  113         1. The mayor, the chair of the county commission, or the
  114  comparable senior elected official representing the affected
  115  area.
  116         2. The city manager, the county administrator, or the
  117  comparable senior administrative official representing the
  118  affected area.
  119         3. The school district superintendent representing the
  120  affected area.
  121         4. The state senator, state representative, and United
  122  States Representative representing the affected area and both
  123  United States Senators.
  124         5. All real property owners, presidents of any condominium
  125  associations, or sole owners of condominiums, lessees, and
  126  tenants of record for:
  127         a.The property at which site rehabilitation is being
  128  conducted, if different from the person responsible for site
  129  rehabilitation;
  130         b. Any property within a 500-foot radius of each sampling
  131  point at which contamination is discovered if site
  132  rehabilitation was initiated pursuant to s. 376.30701 or an
  133  administrative or court order; and
  134         c. Any property within a 250-foot radius of each sampling
  135  point at which contamination is discovered or any property
  136  identified on a contaminant plume map provided pursuant to
  137  subparagraph (2)(b)4. if site rehabilitation was initiated
  138  pursuant to s. 376.3071(5), s. 376.3078(4), or s. 376.81, or at
  139  or in connection with a permitted solid waste management
  140  facility subject to a groundwater monitoring plan.
  141         (b) The notice provided to:
  142         1.Local government officials shall be mailed by certified
  143  mail, return receipt requested, and must advise the local
  144  government of its responsibilities under subsection (4).
  145         2. Real property owners, presidents of any condominium
  146  associations, or sole owners of condominiums, lessees, and
  147  tenants of record may be delivered by certified mail, return
  148  receipt requested, first-class mail, hand delivery, or door
  149  hanger.
  150         (c) Within 30 days after receiving the initial actual
  151  notice required under pursuant to subsection (2), or within 30
  152  days of the effective date of this act if the department already
  153  possesses information equivalent to that required by the notice,
  154  the department shall verify that the person responsible for site
  155  rehabilitation has complied with the notice requirements of this
  156  section send a copy of such notice, or an equivalent
  157  notification, to all record owners of any real property, other
  158  than the property at which site rehabilitation was initiated
  159  pursuant to s. 376.3071(5), s. 376.3078(4), s. 376.81, or s.
  160  376.30701, at which contamination has been discovered. If the
  161  person responsible for site rehabilitation has not complied with
  162  the notice requirements, the department may pursue enforcement
  163  as provided under this chapter and chapter 403.
  164         (d)1. If the property at which contamination has been
  165  discovered is the site of a school as defined in s. 1003.01, the
  166  department shall mail also send a copy of the notice to the
  167  superintendent chair of the school board of the school district
  168  in which the property is located and direct the superintendent
  169  said school board to provide actual notice annually to teachers
  170  and parents or guardians of students attending the school during
  171  the period of site rehabilitation.
  172         2. If the property at which contamination has been
  173  discovered is the site of a private K-12 school or a child care
  174  facility as defined in s. 402.302, the department shall mail a
  175  copy of the notice to the governing board, principal, or owner
  176  of the school or child care facility and direct the governing
  177  board, principal, or owner to provide actual notice annually to
  178  teachers and parents or guardians of students or children
  179  attending the school or child care facility during the period of
  180  site rehabilitation.
  181         3. After receiving the initial notice required under
  182  subsection (2), if any property within a 500-foot radius of the
  183  property at which contamination has been discovered during site
  184  rehabilitation pursuant to s. 376.30701 or an administrative or
  185  court order is the site of a school as defined in s. 1003.01,
  186  the department shall mail a copy of the notice to the
  187  superintendent of the school district in which the property is
  188  located and direct the superintendent to provide actual notice
  189  annually to the principal of the school.
  190         4. After receiving the initial notice required under
  191  subsection (2), if any property within a 250-foot radius of the
  192  property at which contamination has been discovered during site
  193  rehabilitation pursuant to s. 376.3071(5), s. 376.3078(4), or s.
  194  376.81, or which is located at, or in connection with, a
  195  permitted solid waste management facility subject to a
  196  groundwater monitoring plan, is the site of a school as defined
  197  in s. 1003.01, the department shall mail a copy of the notice to
  198  the superintendent of the school district in which the property
  199  is located and direct the superintendent to provide actual
  200  notice annually to the principal of the school.
  201         (e) Along with the copy of the notice or its equivalent,
  202  the department shall include a letter identifying sources of
  203  additional information about the contamination and a telephone
  204  number to which further inquiries should be directed. The
  205  department may collaborate with the Department of Health to
  206  develop such sources of information and to establish procedures
  207  for responding to public inquiries about health risks associated
  208  with contaminated sites.
  209         (4) LOCAL GOVERNMENT’S NOTICE RESPONSIBILITIES.—If contact
  210  information is available, within 30 days after receiving notice
  211  under subsection (3), the local government shall mail a copy of
  212  the notice to the president or the equivalent officer of each
  213  homeowners’ association or neighborhood association within the
  214  potentially affected area described in subsection (3).
  215         (5)RECOVERY OF NOTIFICATION COSTS.—The department and the
  216  local government shall recover the costs of postage, materials,
  217  and labor associated with providing notification from the
  218  responsible party, unless site rehabilitation is eligible for
  219  state-funded cleanup pursuant to the risk-based corrective
  220  action provisions found in s. 376.3071(5) or s. 376.3078(4).
  221         (6)(4) RULEMAKING AUTHORITY.—The department shall adopt
  222  rules and forms pursuant to ss. 120.536(1) and 120.54 to
  223  administer implement the requirements of this section.
  224         Section 2. The Legislature finds that this act fulfills an
  225  important state interest.
  226         Section 3. This act shall take effect July 1, 2012.