Florida Senate - 2005                        SENATOR AMENDMENT
    Bill No. CS for CS for SB 330
                        Barcode 213346
                            CHAMBER ACTION
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       05/04/2005 02:30 PM         .                    
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11  Senator Dockery moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 3, line 23 through page 5, line 30, delete
15  those lines
16  
17  and insert:  
18   BOUNDARIES.--If at any time during site rehabilitation
19  conducted pursuant to s. 376.3071(5), s. 376.3078(4), s.
20  376.81, or s. 376.30701 the person responsible for site
21  rehabilitation, the person's authorized agent, or another
22  representative of the person discovers from laboratory
23  analytical results that comply with appropriate quality
24  assurance protocols specified in department rules that
25  contamination as defined in applicable department rules exists
26  in any medium beyond the boundaries of the property at which
27  site rehabilitation was initiated pursuant to s. 376.3071(5),
28  s. 376.3078(4), s. 376.81, or s. 376.30701, the person
29  responsible for site rehabilitation shall give actual notice
30  as soon as possible, but no later than 10 days from such
31  discovery, to the Division of Waste Management at the
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    2:31 PM   05/03/05                              s0330.15ep.03d

Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for SB 330 Barcode 213346 1 department's Tallahassee office. The actual notice shall be 2 provided on a form adopted by department rule and mailed by 3 certified mail, return receipt requested. The person 4 responsible for site rehabilitation shall simultaneously mail 5 a copy of such notice to the appropriate department district 6 office, county health department, and all known lessees and 7 tenants of the source property. The notice shall include the 8 following information: 9 (a) The location of the property at which site 10 rehabilitation was initiated pursuant to s. 376.3071(5), s. 11 376.3078(4), s. 376.81, or s. 376.30701 and contact 12 information for the person responsible for site 13 rehabilitation, the person's authorized agent, or another 14 representative of the person. 15 (b) A listing of all record owners of any real 16 property, other than the property at which site rehabilitation 17 was initiated pursuant to s. 376.3071(5), s. 376.3078(4), s. 18 376.81, or s. 376.30701, at which contamination has been 19 discovered; the parcel identification number for any such real 20 property; the owner's address listed in the current county 21 property tax office records; and the owner's telephone number. 22 The requirements of this paragraph do not apply to the notice 23 to known tenants and lessees of the source property. 24 (c) Separate tables by medium, such as groundwater, 25 soil, surface water, or sediment, that list sampling 26 locations; sampling dates; names of contaminants detected 27 above cleanup target levels; their corresponding cleanup 28 target levels; the contaminant concentrations; and whether the 29 cleanup target level is based on health, nuisance, 30 organoleptic, or aesthetic concerns. 31 (d) A vicinity map that shows each sampling location 2 2:31 PM 05/03/05 s0330.15ep.03d
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for SB 330 Barcode 213346 1 with corresponding laboratory analytical results and the date 2 on which the sample was collected and that identifies the 3 property boundaries of the property at which site 4 rehabilitation was initiated pursuant to s. 376.3071(5), s. 5 376.3078(4), s. 376.81, or s. 376.30701 and the other 6 properties at which contamination has been discovered during 7 such site rehabilitation. 8 (3) DEPARTMENT'S NOTICE RESPONSIBILITIES.--Within 30 9 days after receiving the actual notice required pursuant to 10 subsection (2), or within 30 days of the effective date of 11 this act if the department already possesses information 12 equivalent to that required by the notice, the department 13 shall send a copy of such notice, or an equivalent 14 notification, to all record owners of any real property, other 15 than the property at which site rehabilitation was initiated 16 pursuant to s. 376.3071(5), s. 376.3078(4), s. 376.81, or s. 17 376.30701, at which contamination has been discovered. If the 18 property at which contamination has been discovered is the 19 site of a school as defined in s. 1003.01, the department 20 shall also send a copy of the notice to the chair of the 21 school board of the district in which the property is located 22 and direct said school board to provide actual notice to 23 teachers and parents or guardians of students attending the 24 school during the period of site rehabilitation. Along with 25 the copy of the notice or its equivalent, the department shall 26 include a letter identifying sources of additional information 27 about the contamination and a telephone number to which 28 further inquiries should be directed. The department may 29 collaborate with the Department of Health to develop such 30 sources of information and to establish procedures for 31 responding to public inquiries about health risks associated 3 2:31 PM 05/03/05 s0330.15ep.03d
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for SB 330 Barcode 213346 1 with contaminated sites. 2 (4) RULEMAKING AUTHORITY.--The department shall adopt 3 rules and forms pursuant to ss. 120.536(1) and 120.54 to 4 implement the requirements of this section. 5 6 7 ================ T I T L E A M E N D M E N T =============== 8 And the title is amended as follows: 9 On page 1, lines 5 through 23, delete those lines 10 11 and insert: 12 376.30702, F.S.; requiring notice when 13 contamination is discovered as a result of site 14 rehabilitation activities; providing 15 requirements for notice; requiring notice when 16 laboratory analytical results demonstrate that 17 contamination exists in any medium beyond the 18 boundaries of the property of the site 19 rehabilitation; providing requirements for 20 notice; providing rulemaking authority; 21 amending ss. 287.0595 and 316.302, F.S.; 22 23 24 25 26 27 28 29 30 31 4 2:31 PM 05/03/05 s0330.15ep.03d