Senate Bill 2420
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Florida Senate - 1999 SB 2420
By Senator Latvala
19-1543-99
1 A bill to be entitled
2 An act relating to brownfields redevelopment;
3 amending s. 376.79, F.S.; redefining terms and
4 defining the term "contaminant"; revising the
5 application of definitions; amending s. 376.80,
6 F.S.; clarifying that the person responsible
7 for brownfield site rehabilitation must enter
8 into a brownfield site rehabilitation agreement
9 only if actual environmental contamination
10 exists at the brownfield site; amending s.
11 376.81, F.S.; providing clarification that
12 cleanup criteria do not constitute disposal or
13 reuse criteria; providing an effective date.
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15 Be It Enacted by the Legislature of the State of Florida:
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17 Section 1. Section 376.79, Florida Statutes, 1998
18 Supplement, is amended to read:
19 376.79 Definitions.--As used in ss. 376.77-376.875 ss.
20 376.77-376.85, the term:
21 (1) "Additive effects" means a scientific principle
22 that the toxicity that occurs as a result of exposure is the
23 sum of the toxicities of the individual chemicals to which the
24 individual is exposed.
25 (2) "Antagonistic effects" means a scientific
26 principle that the toxicity that occurs as a result of
27 exposure is less than the sum of the toxicities of the
28 individual chemicals to which the individual is exposed.
29 (3) "Brownfield sites" means sites that are generally
30 abandoned, idled, or underused industrial and commercial
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1 properties where expansion or redevelopment is complicated by
2 actual or perceived environmental contamination.
3 (4) "Brownfield area" means a contiguous area of one
4 or more brownfield sites, some of which may not be
5 contaminated, and which has been designated by a local
6 government by resolution. Such areas may include all or
7 portions of community redevelopment areas, enterprise zones,
8 empowerment zones, other such designated economically deprived
9 communities and areas, and Environmental Protection
10 Agency-designated brownfield pilot projects.
11 (5) "Contaminant" means any physical, chemical,
12 biological, or radiological substance present in any medium
13 which may result in adverse effects to human health or the
14 environment or which creates an adverse nuisance or an
15 organoleptic or aesthetic condition in groundwater.
16 (6)(5) "Contaminated site" means any contiguous land,
17 sediment, surface water, or groundwater areas that contain
18 contaminants that may be harmful to human health or the
19 environment.
20 (7)(6) "Department" means the Department of
21 Environmental Protection.
22 (8)(7) "Engineering controls" means modifications to a
23 site to reduce or eliminate the potential for exposure to
24 contaminants. Such modifications may include, but are not
25 limited to, physical or hydraulic control measures, capping,
26 point of use treatments, or slurry walls.
27 (9)(8) "Environmental justice" means the fair
28 treatment of all people of all races, cultures, and incomes
29 with respect to the development, implementation, and
30 enforcement of environmental laws, regulations, and policies.
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Florida Senate - 1999 SB 2420
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1 (10)(9) "Institutional controls" means the restriction
2 on use of or access to a site to eliminate or minimize
3 exposure to contaminants. Such restrictions may include, but
4 are not limited to, deed restrictions, use restrictions, or
5 restrictive zoning.
6 (11)(10) "Local pollution control program" means a
7 local pollution control program that has received delegated
8 authority from the Department of Environmental Protection
9 under ss. 376.80(11) and 403.182.
10 (12)(11) "Natural attenuation" means an approach to
11 site rehabilitation which allows natural processes to contain
12 the spread of contamination and reduce the concentrations of
13 contaminants in contaminated groundwater and soil. Natural
14 attenuation processes may include the following: sorption,
15 biodegradation, chemical reactions with subsurface materials,
16 diffusion, dispersion, and volatilization the verifiable
17 reduction of contaminants through natural processes, which may
18 include diffusion, dispersion, adsorption, and biodegradation.
19 (13)(12) "Person responsible for brownfield site
20 rehabilitation" means the individual or entity that is
21 designated by the local government to enter into the
22 brownfield site rehabilitation agreement with the department
23 or an approved local pollution control program and enters into
24 an agreement with the local government for redevelopment of
25 the site.
26 (14)(13) "Person" means any individual, partner, joint
27 venture, or corporation; any group of the foregoing, organized
28 or united for a business purpose; or any governmental entity.
29 (15)(14) "Secretary" means the secretary of the
30 Department of Environmental Protection.
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1 (16)(15) "Site rehabilitation" means the assessment of
2 site contamination and the remediation activities that reduce
3 the levels of contaminants at a site through accepted
4 treatment methods to meet the cleanup target levels
5 established for that site.
6 (17)(16) "Source removal" means the removal of free
7 product, or the removal of contaminants from soil or sediment
8 that has been contaminated to the extent that leaching to
9 groundwater or surface water has occurred or is occurring.
10 (18)(17) "Synergistic effects" means a scientific
11 principle that the toxicity that occurs as a result of
12 exposure is more than the sum of the toxicities of the
13 individual chemicals to which the individual is exposed.
14 Section 2. Subsection (5) of section 376.80, Florida
15 Statutes, 1998 Supplement, is amended to read:
16 376.80 Brownfield program administration process.--
17 (5) The person responsible for brownfield site
18 rehabilitation must enter into a brownfield site
19 rehabilitation agreement with the department or an approved
20 local pollution control program if actual environmental
21 contamination exists at the brownfield site. The brownfield
22 site rehabilitation agreement must include:
23 (a) A brownfield site rehabilitation schedule,
24 including milestones for completion of site rehabilitation
25 tasks and submittal of technical reports and rehabilitation
26 plans as agreed upon by the parties to the agreement;
27 (b) A commitment to conduct site rehabilitation
28 activities under the observation of professional engineers or
29 geologists who are registered in accordance with the
30 requirements of chapter 471 or chapter 492, respectively.
31 Submittals provided by the person responsible for brownfield
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1 site rehabilitation must be signed and sealed by a
2 professional engineer registered under chapter 471, or a
3 professional geologist registered under chapter 492,
4 certifying that the submittal and associated work comply with
5 the law and rules of the department and those governing the
6 profession. In addition, upon completion of the approved
7 remedial action, the department shall require a professional
8 engineer registered under chapter 471 or a professional
9 geologist registered under chapter 492 to certify that the
10 corrective action was, to the best of his or her knowledge,
11 completed in substantial conformance with the plans and
12 specifications approved by the department;
13 (c) A commitment to conduct site rehabilitation in
14 accordance with an approved comprehensive quality assurance
15 plan under department rules;
16 (d) A commitment to conduct site rehabilitation
17 consistent with state, federal, and local laws and consistent
18 with the brownfield site contamination cleanup criteria in s.
19 376.81, including any applicable requirements for risk-based
20 corrective action;
21 (e) Timeframes for the department's review of
22 technical reports and plans submitted in accordance with the
23 agreement. The department shall make every effort to adhere
24 to established agency goals for reasonable timeframes for
25 review of such documents;
26 (f) A commitment to secure site access for the
27 department or approved local pollution control program to all
28 brownfield sites within the eligible brownfield area for
29 activities associated with site rehabilitation;
30 (g) Other provisions that the person responsible for
31 brownfield site rehabilitation and the department agree upon,
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1 that are consistent with ss. 376.77-376.85, and that will
2 improve or enhance the brownfield site rehabilitation process;
3 (h) A commitment to consider appropriate pollution
4 prevention measures and to implement those that the person
5 responsible for brownfield site rehabilitation determines are
6 reasonable and cost-effective, taking into account the
7 ultimate use or uses of the brownfield site. Such measures
8 may include improved inventory or production controls and
9 procedures for preventing loss, spills, and leaks of hazardous
10 waste and materials, and include goals for the reduction of
11 releases of toxic materials; and
12 (i) Certification that an agreement exists between the
13 person responsible for brownfield site rehabilitation and the
14 local government with jurisdiction over the brownfield area.
15 Such agreement shall contain terms for the redevelopment of
16 the brownfield area.
17 Section 3. Subsection (3) is added to section 376.81,
18 Florida Statutes, 1998 Supplement, to read:
19 376.81 Brownfield site and brownfield areas
20 contamination cleanup criteria.--
21 (3) The cleanup criteria specified in this section do
22 not constitute disposal or reuse criteria. Offsite disposal or
23 relocation must be in accordance with all applicable federal,
24 state, and local laws and rules.
25 Section 4. This act shall take effect July 1, 1999.
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2 SENATE SUMMARY
3 Defines the term "contaminant" and redefines other terms
for purposes of laws governing brownfields redevelopment.
4 Requires that a person rehabilitating a brownfield site
enter into an agreement with the Department of
5 Environmental Protection if actual environmental
contamination exists at the site. Provides that cleanup
6 criteria for brownfield contamination do not constitute
disposal or reuse criteria.
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