Florida Senate - 2009                          SENATOR AMENDMENT
       Bill No. CS/CS/SB 274, 1st Eng.
       
       
       
       
       
       
                                Barcode 207492                          
       
                              LEGISLATIVE ACTION                        
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       Senator Justice moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 767 and 768
    4  insert:
    5         Section 11. 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 when contamination is discovered by any person
   10  as a result of site rehabilitation activities conducted pursuant
   11  to the risk-based corrective action provisions found in s.
   12  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 those identified under this section of the such
   18  discovery in accordance with the requirements of this section,
   19  and the department shall be responsible for notifying the
   20  affected public. The Legislature intends for the provisions of
   21  this section to govern the notice requirements for early
   22  notification of the discovery of contamination. The notification
   23  requirements in this section do not apply to de minimis
   24  discharges as defined in departmental rules.
   25         (2)(a) INITIAL NOTICE OF CONTAMINATION BEYOND PROPERTY
   26  BOUNDARIES.—If at any time during site rehabilitation conducted
   27  pursuant to s. 376.3071(5), s. 376.3078(4), s. 376.81, or s.
   28  376.30701, or an administrative or court order the person
   29  responsible for site rehabilitation, the person’s authorized
   30  agent, or another representative of the person discovers from
   31  laboratory analytical results that comply with appropriate
   32  quality assurance protocols specified in department rules that
   33  contamination as defined in applicable department rules exists
   34  in any groundwater, surface water, or soil medium beyond the
   35  boundaries of the property at which site rehabilitation was
   36  initiated pursuant to s. 376.3071(5), s. 376.3078(4), s. 376.81,
   37  or s. 376.30701, or an administrative or court order the person
   38  responsible for site rehabilitation shall give actual notice as
   39  soon as possible, but no later than 10 days from such discovery,
   40  to the Division of Waste Management at the department’s
   41  Tallahassee office. The actual notice shall be provided on a
   42  form adopted by department rule and mailed by certified mail,
   43  return receipt requested. The person responsible for site
   44  rehabilitation shall simultaneously provide mail a copy of the
   45  such notice to the appropriate department district office, and
   46  the appropriate county health department, and all known lessees
   47  and tenants of the source property.
   48         (b) The notice shall include the following information:
   49         1.(a) The location of the property at which site
   50  rehabilitation was initiated pursuant to s. 376.3071(5), s.
   51  376.3078(4), s. 376.81, or s. 376.30701, or an administrative or
   52  court order and contact information for the person responsible
   53  for site rehabilitation, the person’s authorized agent, or
   54  another representative of the person.
   55         2.(b) A listing of all record owners of any real property,
   56  other than the property at which site rehabilitation was
   57  initiated pursuant to s. 376.3071(5), s. 376.3078(4), s. 376.81,
   58  or s. 376.30701, at which contamination has been discovered; the
   59  parcel identification number for any such real property; the
   60  owner’s address listed in the current county property tax office
   61  records; and the owner’s telephone number. The requirements of
   62  this paragraph do not apply to the notice to known tenants and
   63  lessees of the source property.
   64         3.(c) Separate tables for by medium, such as groundwater,
   65  soil, and surface water which, or sediment, that list sampling
   66  locations identified on the vicinity map as provided in
   67  subparagraph 4.; sampling dates; names of contaminants detected
   68  above cleanup target levels; their corresponding cleanup target
   69  levels; the contaminant concentrations; and whether the cleanup
   70  target level is based on health, nuisance, organoleptic, or
   71  aesthetic concerns.
   72         4.(d) A vicinity map that shows each sampling location with
   73  corresponding laboratory analytical results pursuant to
   74  subparagraph 3. and the date on which the sample was collected
   75  and that identifies the property boundaries of the property at
   76  which site rehabilitation was initiated pursuant to s.
   77  376.3071(5), s. 376.3078(4), s. 376.81, or s. 376.30701, or an
   78  administrative or court order and any the other properties at
   79  which contamination has been discovered during such site
   80  rehabilitation. If available, a contaminant plume map signed and
   81  sealed by a Florida-licensed professional engineer or geologist
   82  may be included with the vicinity map.
   83         (3) DEPARTMENT’S NOTICE RESPONSIBILITIES.—
   84         (a)After receiving the actual notice required under
   85  subsection (2), the department shall notify the following
   86  persons of such contamination:
   87         1.The mayor, the chair of the county commission, or the
   88  comparable senior elected official representing the affected
   89  area.
   90         2.The city manager, the county administrator, or the
   91  comparable senior administrative official representing the
   92  affected area.
   93         3.The school district superintendent representing the
   94  affected area.
   95         4.The state senator, state representative, and United
   96  States Representative representing the affected area and both
   97  United States Senators.
   98         5.a.All real property owners, presidents of any
   99  condominium associations or sole owners of condominiums,
  100  lessees, and tenants of record of the property at which site
  101  rehabilitation is being conducted, if different from the person
  102  responsible for site rehabilitation;
  103         b.All real property owners, presidents of any condominium
  104  associations or sole owners of condominiums, lessees, and
  105  tenants of record of any properties within a 500-foot radius of
  106  each sampling point at which contamination is discovered, if
  107  site rehabilitation was initiated pursuant to s. 376.30701 or an
  108  administrative or court order; and
  109         c.All real property owners, presidents of any condominium
  110  associations or sole owners of condominiums, lessees, and
  111  tenants of record of any properties within a 250-foot radius of
  112  each sampling point at which contamination is discovered or any
  113  properties identified on a contaminant plume map provided
  114  pursuant to subparagraph (2)(b)4., if site rehabilitation was
  115  initiated pursuant to s. 376.3071(5), s. 376.3078(4), or s.
  116  376.81 or at or in connection with a permitted solid waste
  117  management facility subject to a ground water monitoring plan.
  118         (b)1.The notice provided to local government officials
  119  shall be mailed by certified mail, return receipt requested, and
  120  shall advise the local government of its responsibilities under
  121  subsection (4).
  122         2.The notice provided to real property owners, presidents
  123  of any condominium associations or sole owners of condominiums,
  124  lessees, and tenants of record may be delivered by certified
  125  mail, return receipt requested, first-class mail, hand delivery,
  126  or door-hanger.
  127         (c) Within 30 days after receiving the actual notice
  128  required under pursuant to subsection (2), or within 30 days of
  129  the effective date of this act if the department already
  130  possesses information equivalent to that required by the notice,
  131  the department shall verify that the person responsible for site
  132  rehabilitation has complied with the notice requirements of this
  133  section send a copy of such notice, or an equivalent
  134  notification, to all record owners of any real property, other
  135  than the property at which site rehabilitation was initiated
  136  pursuant to s. 376.3071(5), s. 376.3078(4), s. 376.81, or s.
  137  376.30701, at which contamination has been discovered. If the
  138  person responsible for site rehabilitation has not complied with
  139  the notice requirements of this section, the department may
  140  pursue enforcement as provided under this chapter and chapter
  141  403.
  142         (d)1. If the property at which contamination has been
  143  discovered is the site of a school as defined in s. 1003.01, the
  144  department shall mail also send a copy of the notice to the
  145  superintendent chair of the school board of the school district
  146  in which the property is located and direct the superintendent
  147  said school board to provide actual notice annually to teachers
  148  and parents or guardians of students attending the school during
  149  the period of site rehabilitation.
  150         2.If the property at which contamination has been
  151  discovered is the site of a private K-12 school or a child care
  152  facility as defined in s. 402.302, the department shall mail a
  153  copy of the notice to the governing board, principal, or owner
  154  of the school or child care facility and direct the governing
  155  board, principal, or owner to provide actual notice annually to
  156  teachers and parents or guardians of students or children
  157  attending the school or child care facility during the period of
  158  site rehabilitation.
  159         3.After receiving the notice required under subsection
  160  (2), if any property within a 500-foot radius of the property at
  161  which contamination has been discovered during site
  162  rehabilitation pursuant to s. 376.30701 or an administrative or
  163  court order is the site of a school as defined in s. 1003.01,
  164  the department shall mail a copy of the notice to the
  165  superintendent of the school district in which the property is
  166  located and direct the superintendent to provide actual notice
  167  annually to the principal of the school.
  168         4.After receiving the notice required under subsection
  169  (2), if any property within a 250-foot radius of the property at
  170  which contamination has been discovered during site
  171  rehabilitation pursuant to s. 376.3071(5), s. 376.3078(4), or s.
  172  376.81 or at or in connection with a permitted solid waste
  173  management facility subject to a ground water monitoring plan is
  174  the site of a school as defined in s. 1003.01, the department
  175  shall mail a copy of the notice to the superintendent of the
  176  school district in which the property is located and direct the
  177  superintendent to provide actual notice annually to the
  178  principal of the school.
  179         (e) Along with the copy of the notice or its equivalent,
  180  the department shall include a letter identifying sources of
  181  additional information about the contamination and a telephone
  182  number to which further inquiries should be directed. The
  183  department may collaborate with the Department of Health to
  184  develop such sources of information and to establish procedures
  185  for responding to public inquiries about health risks associated
  186  with contaminated sites.
  187         (4)LOCAL GOVERNMENT’S NOTICE RESPONSIBILITIES.—Within 30
  188  days after receiving the actual notice required under subsection
  189  (2), the local government shall mail a copy of the notice to the
  190  president or comparable executive officer of each homeowners’
  191  association or neighborhood association within the potentially
  192  affected area as described in subsection (2).
  193         (5)(4) RULEMAKING AUTHORITY; RECOVERY OF COSTS OF
  194  NOTIFICATION.—The department shall adopt rules and forms
  195  pursuant to ss. 120.536(1) and 120.54 to implement the
  196  requirements of this section and shall recover the costs of
  197  postage, materials, and labor associated with notification from
  198  the responsible party, except when site rehabilitation is
  199  eligible for state-funded cleanup pursuant to the risk-based
  200  corrective action provisions found in s. 376.3071(5) or s.
  201  376.3078(4).
  202  
  203  ================= T I T L E  A M E N D M E N T ================
  204         And the title is amended as follows:
  205         Delete line 61
  206  and insert:
  207         Legislature by a specified date; amending s.
  208         376.30702, F.S.; revising contamination notification
  209         provisions; requiring individuals responsible for site
  210         rehabilitation to provide notice of site
  211         rehabilitation to specified entities; revising
  212         provisions relating to the content of such notice;
  213         requiring the Department of Environmental Protection
  214         to provide notice of site rehabilitation to specified
  215         entities and certain property owners; providing an
  216         exemption; requiring the department to verify
  217         compliance with notice requirements; authorizing the
  218         department to pursue enforcement measures for
  219         noncompliance with notice requirements; revising the
  220         department’s contamination notification requirements
  221         for certain public schools; requiring the department
  222         to provide specified notice to private K-12 schools
  223         and child care facilities; requiring the department to
  224         provide specified notice to public schools within a
  225         specified area; providing notice requirements,
  226         including directives to extend such notice to certain
  227         other persons; requiring local governments to provide
  228         specified notice of site rehabilitation; requiring the
  229         department to recover notification costs from
  230         responsible parties; providing an exception; providing
  231         effective