Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 330
                        Barcode 872646
                            CHAMBER ACTION
              Senate                               House
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11  The Committee on Environmental Preservation (Dockery)
12  recommended the following amendment:
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14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Present subsections (8) through (10), (11)
19  through (29), (30) through (44), and (45) through (47) of
20  section 376.301, Florida Statutes, are renumbered as
21  subsections (9) through (11), (13) through (31), (33) through
22  (47), and (49) through (51), respectively, and new subsections
23  (8), (12), (32), and (48) are added to that section, to read:
24         376.301  Definitions of terms used in ss.
25  376.30-376.319, 376.70, and 376.75.--When used in ss.
26  376.30-376.319, 376.70, and 376.75, unless the context clearly
27  requires otherwise, the term:
28         (8)  "Cleanup target level" means the concentration for
29  each contaminant identified by an applicable analytical test
30  method, in the medium of concern, at which a site
31  rehabilitation program is deemed complete.
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    4:47 PM   03/23/05                             s0330c-ep15-j01

Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 330 Barcode 872646 1 (12) "Contamination" means the presence of free 2 product or any contaminant in surface water, groundwater, 3 soil, or sediment, or upon the land, in concentrations that 4 exceed the applicable cleanup target levels or that result in 5 contaminated sediment, as specified in department rules. 6 (32) "Person responsible for site rehabilitation" 7 means the person performing site rehabilitation pursuant to 8 the requirements of s. 376.3071(5), s. 376.3078(4), s. 376.81, 9 or s. 376.30701. Such persons may include, but are not limited 10 to, any person who has legal responsibility for site 11 rehabilitation pursuant to chapter 376 or chapter 403, the 12 department when it conducts site rehabilitation, a real 13 property owner, a facility owner or operator, any person 14 responsible for brownfield site rehabilitation, or any person 15 who voluntarily rehabilitates a site and seeks acknowledgement 16 from the department for approval of site rehabilitation 17 program tasks. 18 (48) "Temporary point of compliance" means the 19 boundary represented by one or more designated monitoring 20 wells at which groundwater cleanup target levels may not be 21 exceeded while site rehabilitation is proceeding. 22 Section 2. Section 376.30702, Florida Statutes, is 23 created to read: 24 376.30702 Contamination notification; findings; 25 intent; applicability; initial notice of contamination; 26 department's notice responsibilities; subsequent notice of 27 contamination for temporary point of compliance; status update 28 5-year notice; rulemaking authority.-- 29 (1) FINDINGS; INTENT; APPLICABILITY.--The Legislature 30 finds and declares that when contamination is discovered by 31 any person as a result of site rehabilitation activities 2 4:47 PM 03/23/05 s0330c-ep15-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 330 Barcode 872646 1 conducted pursuant to the risk-based corrective action 2 provisions found in s. 376.3071(5), s. 376.3078(4), s. 376.81, 3 or s. 376.30701, it is in the public's best interest that 4 potentially affected persons be notified of the existence of 5 such contamination. Therefore, persons discovering such 6 contamination shall notify the department of such discovery in 7 accordance with the requirements of this section, and the 8 department shall be responsible for notifying the affected 9 public. The Legislature intends for the provisions of this 10 section to govern the notice requirements for early 11 notification of the discovery of contamination. 12 (2) INITIAL NOTICE OF CONTAMINATION BEYOND PROPERTY 13 BOUNDARIES.--After the effective date of this act, if at any 14 time during site rehabilitation conducted pursuant to s. 15 376.3071(5), s. 376.3078(4), s. 376.81, or s. 376.30701, the 16 person responsible for site rehabilitation, its authorized 17 agent, or other representative discovers from laboratory 18 analytical results that comply with appropriate quality 19 assurance protocols specified in department rules that 20 contamination exists in any medium beyond the boundaries of 21 the property at which site rehabilitation was initiated 22 pursuant to s. 376.3071(5), s. 376.3078(4), s. 376.81, or s. 23 376.30701, the person responsible for site rehabilitation 24 shall give actual notice as soon as possible, but no later 25 than 10 days following such discovery, to the Division of 26 Waste Management at the department's Tallahassee office. The 27 actual notice shall be provided on a form adopted by 28 department rule and mailed by certified mail, return receipt 29 requested. The person responsible for site rehabilitation 30 shall simultaneously mail a copy of such notice to the 31 appropriate department district office and county health 3 4:47 PM 03/23/05 s0330c-ep15-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 330 Barcode 872646 1 department. The notice shall include the following 2 information: 3 (a) The location 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 contact 6 information for the person responsible for site 7 rehabilitation, its authorized agent, or other representative; 8 (b) A listing of all record owners of any real 9 property, other than the property at which site rehabilitation 10 was initiated pursuant to s. 376.3071(5), s. 376.3078(4), s. 11 376.81, or s. 376.30701, at which contamination has been 12 discovered; the parcel identification number for any such real 13 property; the owner's address listed in the current county 14 property tax office records; and the owner's telephone number; 15 (c) Separate tables by medium, including, groundwater, 16 soil, surface water, or sediment, which list sampling 17 locations; the sampling date; names of contaminants detected 18 above cleanup target levels; their corresponding cleanup 19 target levels; the contaminant concentrations; and whether the 20 cleanup target level is based on health or nuisance, 21 organoleptic, or aesthetic concerns; and 22 (d) A vicinity map that shows the sampling locations 23 with corresponding laboratory analytical results and the date 24 on which each sample was collected, and identifies the 25 property boundaries of the property at which site 26 rehabilitation was initiated pursuant to s. 376.3071(5), s. 27 376.3078(4), s. 376.81, or s. 376.30701, and any other 28 property at which contamination has been discovered during 29 such site rehabilitation. 30 (3) DEPARTMENT'S NOTICE RESPONSIBILITIES.--Within 30 31 days after receiving the actual notice required pursuant to 4 4:47 PM 03/23/05 s0330c-ep15-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 330 Barcode 872646 1 subsection (2), or within 30 days after the effective date of 2 this act, if the department already possesses information 3 equivalent to that required by the notice, the department 4 shall send a copy of such notice, or an equivalent 5 notification, to all record owners of any real property, other 6 than the property at which site rehabilitation was initiated 7 pursuant to s. 376.3071(5), s. 376.3078(4), s. 376.81, or s. 8 376.30701, at which contamination has been discovered. Along 9 with the copy of the notice or its equivalent, the department 10 shall include a letter identifying sources of additional 11 information about the contamination and a telephone number to 12 which further inquiries should be directed. The department may 13 collaborate with the Department of Health to develop such 14 sources of information and to establish procedures for 15 responding to public inquiries about health risks associated 16 with contaminated sites. 17 (4) RULEMAKING AUTHORITY.--The department may adopt 18 rules to administer this section, and shall adopt any rules 19 and forms that are necessary to administer the 20 contamination-notification requirements of this section. 21 Section 3. This act shall take effect September 1, 22 2005. 23 24 25 ================ T I T L E A M E N D M E N T =============== 26 And the title is amended as follows: 27 Delete everything before the enacting clause 28 29 and insert: 30 A bill to be entitled 31 An act relating to notification of 5 4:47 PM 03/23/05 s0330c-ep15-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 330 Barcode 872646 1 contamination; amending s. 376.301, F.S.; 2 defining specified terms; creating s. 3 376.30702, F.S.; requiring that a person 4 provide notice to the Division of Waste 5 Management of the Department of Environmental 6 Protection, the department's district office, 7 and the Department of Health when contamination 8 is discovered as a result of site 9 rehabilitation activities; providing 10 requirements for notice; requiring notice when 11 laboratory analytical results demonstrate that 12 contamination exists in any medium beyond the 13 boundaries of the property of the site 14 rehabilitation; providing requirements for 15 notice; requiring that the department notify 16 the record owners of real property at which 17 contamination has been discovered; authorizing 18 the department to collaborate with the 19 Department of Health to establish procedures 20 for responding to public inquiries; providing 21 rulemaking authority; providing an effective 22 date. 23 24 25 26 27 28 29 30 31 6 4:47 PM 03/23/05 s0330c-ep15-j01