SENATE AMENDMENT
    Bill No. CS for SB 2772
    Amendment No. ___   Barcode 422948
                            CHAMBER ACTION
              Senate                               House
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       04/21/2004 10:49 AM         .                    
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11  Senator Clary moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 12, between lines 25 and 26,
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16  insert:  
17         Section 5.  Paragraph (c) of subsection (5) of section
18  376.3071, Florida Statutes, is amended to read:
19         376.3071  Inland Protection Trust Fund; creation;
20  purposes; funding.--
21         (5)  SITE SELECTION AND CLEANUP CRITERIA.--
22         (c)  The department shall require source removal, if
23  warranted and cost-effective, at each site eligible for
24  restoration funding from the Inland Protection Trust Fund.
25         1.  Funding for free product recovery may be provided
26  in advance of the order established by the priority ranking
27  system under pursuant to paragraph (a) for site cleanup
28  activities. However, a separate prioritization for free
29  product recovery shall be established consistent with the
30  provisions of paragraph (a). No more than $5 million shall be
31  encumbered from the Inland Protection Trust Fund in any fiscal
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    2:12 PM   04/16/04                              s2772c1c-04c9j

SENATE AMENDMENT Bill No. CS for SB 2772 Amendment No. ___ Barcode 422948 1 year for free product recovery conducted in advance of the 2 priority order under pursuant to paragraph (a) established for 3 site cleanup activities. 4 2. Funding for limited source removal contiguous to a 5 petroleum storage system and accomplished by contaminated soil 6 and sediment removal associated with secondary containment 7 upgrading of underground storage tanks required under Rule 8 62-761.510(2)(d), Florida Administrative Code, may be provided 9 in advance of the order established by the priority ranking 10 system under paragraph (a) for site cleanup activities. The 11 department shall provide written guidance on the minimal site 12 assessment information and technical evaluation necessary for 13 a request for a limited source removal associated with a 14 facility upgrade in advance of the priority ranking system. 15 Prioritization for limited source removal projects in any 16 fiscal year shall be determined on a first-come, first-served 17 basis following the approval date issued under s. 376.30711 18 for the limited source removal. The limited source removal 19 shall be completed no later than 6 months after the department 20 issues its approval of the project and the approval 21 automatically expires at the end of the 6 months. Funding for 22 the source removal may not exceed $50,000 for a single 23 facility unless the department makes a determination, 24 supported by specific findings, that it is cost-effective and 25 environmentally beneficial to exceed this amount. The 26 department may not approve costs in excess of $100,000 for a 27 single facility. Department funds may be used only for 28 supplemental soil assessment, screening, removal, backfill, 29 contamination treatment or disposal, and preparation of the 30 source removal report. Other costs associated with the 31 facility upgrade may not be paid with department funds. The 2 2:12 PM 04/16/04 s2772c1c-04c9j
SENATE AMENDMENT Bill No. CS for SB 2772 Amendment No. ___ Barcode 422948 1 Inland Protection Trust Fund may not be encumbered by more 2 than $10 million in any fiscal year for any source removal 3 project conducted in advance of the priority order established 4 under paragraph (a) for site cleanup activities. This 5 subparagraph is repealed effective June 30, 2008. 6 3. Once free product removal and other source removal 7 identified in this paragraph at a site is complete, and 8 notwithstanding the order established by the priority ranking 9 system under paragraph (a) for site cleanup activities, the 10 department shall reevaluate the site to determine the degree 11 of active cleanup needed to continue. Further, the department 12 shall determine if the reevaluated site qualifies for 13 monitoring only or if no further action is required to 14 rehabilitate the site. If additional site rehabilitation is 15 necessary to reach no further action status, the site 16 rehabilitation shall be conducted in the order established by 17 the priority ranking system under paragraph (a) and the 18 department is encouraged to utilize natural attenuation and 19 monitoring where site conditions warrant. 20 Section 6. Paragraph (b) of subsection (2), paragraph 21 (f) of subsection (4), and subsection (5) of section 403.121, 22 Florida Statutes, are amended to read: 23 403.121 Enforcement; procedure; remedies.--The 24 department shall have the following judicial and 25 administrative remedies available to it for violations of this 26 chapter, as specified in s. 403.161(1). 27 (2) Administrative remedies: 28 (b) If the department has reason to believe a 29 violation has occurred, it may institute an administrative 30 proceeding to order the prevention, abatement, or control of 31 the conditions creating the violation or other appropriate 3 2:12 PM 04/16/04 s2772c1c-04c9j
SENATE AMENDMENT Bill No. CS for SB 2772 Amendment No. ___ Barcode 422948 1 corrective action. Except for violations involving hazardous 2 wastes, asbestos, or underground injection, the department 3 shall proceed administratively in all cases in which the 4 department seeks administrative penalties that do not exceed 5 $10,000 per assessment as calculated in accordance with 6 subsections (3), (4), (5), (6), and (7). Pursuant to 42 U.S.C. 7 s. 300g-2, an administrative penalty assessed under subsection 8 (3), subsection (4), or subsection (5) against a public water 9 system serving a population of more than 10,000 persons may 10 not be less than $1,000 per day, per violation. The department 11 may shall not impose administrative penalties in excess of 12 $10,000 in a notice of violation. The department may shall not 13 have more than one notice of violation seeking administrative 14 penalties pending against the same party at the same time 15 unless the violations occurred at a different site or the 16 violations were discovered by the department subsequent to the 17 filing of a previous notice of violation. 18 (4) In an administrative proceeding, in addition to 19 the penalties that may be assessed under subsection (3), the 20 department shall assess administrative penalties according to 21 the following schedule: 22 (f) Except as provided in subsection (2) with respect 23 to a public water system serving a population of more than 24 10,000, for failure to prepare, submit, maintain, or use 25 required reports or other required documentation, $500. 26 (5) Except as provided in subsection (2) with respect 27 to a public water system serving a population of more than 28 10,000, for failure to comply with any other departmental 29 regulatory statute or rule requirement not otherwise 30 identified in this section, the department may assess a 31 penalty of $500. 4 2:12 PM 04/16/04 s2772c1c-04c9j
SENATE AMENDMENT Bill No. CS for SB 2772 Amendment No. ___ Barcode 422948 1 2 (Redesignate subsequent sections.) 3 4 5 ================ T I T L E A M E N D M E N T =============== 6 And the title is amended as follows: 7 On page 1, line 11, after the semicolon, 8 9 insert: 10 376.3071, F.S.; providing that limited source 11 removal projects approved outside the 12 established priority order may be funded from 13 the Inland Protection Trust Fund; providing a 14 priority order for these projects; limiting the 15 use of the funds to certain specified purposes; 16 limiting the amount of money allocated to such 17 projects each fiscal year; providing for the 18 repeal of the law on a specified date; amending 19 s. 403.121, F.S.; requiring that an 20 administrative penalty assessed against a 21 public water system serving a population of 22 more than 10,000 persons may not be less than 23 $1,000 per day, per violation; 24 25 26 27 28 29 30 31 5 2:12 PM 04/16/04 s2772c1c-04c9j