Senate Bill sb0330c1
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Florida Senate - 2005 CS for SB 330
By the Committee on Environmental Preservation; and Senator
Dockery
592-1830-05
1 A bill to be entitled
2 An act relating to notification of
3 contamination; amending s. 376.301, F.S.;
4 defining specified terms; creating s.
5 376.30702, F.S.; requiring that a person
6 provide notice to the Division of Waste
7 Management of the Department of Environmental
8 Protection, the department's district office,
9 and the Department of Health when contamination
10 is discovered as a result of site
11 rehabilitation activities; providing
12 requirements for notice; requiring notice when
13 laboratory analytical results demonstrate that
14 contamination exists in any medium beyond the
15 boundaries of the property of the site
16 rehabilitation; providing requirements for
17 notice; requiring that the department notify
18 the record owners of real property at which
19 contamination has been discovered; authorizing
20 the department to collaborate with the
21 Department of Health to establish procedures
22 for responding to public inquiries; providing
23 rulemaking authority; providing an effective
24 date.
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26 Be It Enacted by the Legislature of the State of Florida:
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28 Section 1. Present subsections (8) through (10), (11)
29 through (29), (30) through (44), and (45) through (47) of
30 section 376.301, Florida Statutes, are renumbered as
31 subsections (9) through (11), (13) through (31), (33) through
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Florida Senate - 2005 CS for SB 330
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1 (47), and (49) through (51), respectively, and new subsections
2 (8), (12), (32), and (48) are added to that section, to read:
3 376.301 Definitions of terms used in ss.
4 376.30-376.319, 376.70, and 376.75.--When used in ss.
5 376.30-376.319, 376.70, and 376.75, unless the context clearly
6 requires otherwise, the term:
7 (8) "Cleanup target level" means the concentration for
8 each contaminant identified by an applicable analytical test
9 method, in the medium of concern, at which a site
10 rehabilitation program is deemed complete.
11 (12) "Contamination" means the presence of free
12 product or any contaminant in surface water, groundwater,
13 soil, or sediment, or upon the land, in concentrations that
14 exceed the applicable cleanup target levels or that result in
15 contaminated sediment, as specified in department rules.
16 (32) "Person responsible for site rehabilitation"
17 means the person performing site rehabilitation pursuant to
18 the requirements of s. 376.3071(5), s. 376.3078(4), s. 376.81,
19 or s. 376.30701. Such persons may include, but are not limited
20 to, any person who has legal responsibility for site
21 rehabilitation pursuant to chapter 376 or chapter 403, the
22 department when it conducts site rehabilitation, a real
23 property owner, a facility owner or operator, any person
24 responsible for brownfield site rehabilitation, or any person
25 who voluntarily rehabilitates a site and seeks acknowledgement
26 from the department for approval of site rehabilitation
27 program tasks.
28 (48) "Temporary point of compliance" means the
29 boundary represented by one or more designated monitoring
30 wells at which groundwater cleanup target levels may not be
31 exceeded while site rehabilitation is proceeding.
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Florida Senate - 2005 CS for SB 330
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1 Section 2. Section 376.30702, Florida Statutes, is
2 created to read:
3 376.30702 Contamination notification; findings;
4 intent; applicability; initial notice of contamination;
5 department's notice responsibilities; subsequent notice of
6 contamination for temporary point of compliance; status update
7 5-year notice; rulemaking authority.--
8 (1) FINDINGS; INTENT; APPLICABILITY.--The Legislature
9 finds and declares that when contamination is discovered by
10 any person as a result of site rehabilitation activities
11 conducted pursuant to the risk-based corrective action
12 provisions found in s. 376.3071(5), s. 376.3078(4), s. 376.81,
13 or s. 376.30701, it is in the public's best interest that
14 potentially affected persons be notified of the existence of
15 such contamination. Therefore, persons discovering such
16 contamination shall notify the department of such discovery in
17 accordance with the requirements of this section, and the
18 department shall be responsible for notifying the affected
19 public. The Legislature intends for the provisions of this
20 section to govern the notice requirements for early
21 notification of the discovery of contamination.
22 (2) INITIAL NOTICE OF CONTAMINATION BEYOND PROPERTY
23 BOUNDARIES.--After the effective date of this act, if at any
24 time during site rehabilitation conducted pursuant to s.
25 376.3071(5), s. 376.3078(4), s. 376.81, or s. 376.30701, the
26 person responsible for site rehabilitation, its authorized
27 agent, or other representative discovers from laboratory
28 analytical results that comply with appropriate quality
29 assurance protocols specified in department rules that
30 contamination exists in any medium beyond the boundaries of
31 the property at which site rehabilitation was initiated
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Florida Senate - 2005 CS for SB 330
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1 pursuant to s. 376.3071(5), s. 376.3078(4), s. 376.81, or s.
2 376.30701, the person responsible for site rehabilitation
3 shall give actual notice as soon as possible, but no later
4 than 10 days following such discovery, to the Division of
5 Waste Management at the department's Tallahassee office. The
6 actual notice shall be provided on a form adopted by
7 department rule and mailed by certified mail, return receipt
8 requested. The person responsible for site rehabilitation
9 shall simultaneously mail a copy of such notice to the
10 appropriate department district office and county health
11 department. The notice shall include the following
12 information:
13 (a) The location of the property at which site
14 rehabilitation was initiated pursuant to s. 376.3071(5), s.
15 376.3078(4), s. 376.81, or s. 376.30701, and contact
16 information for the person responsible for site
17 rehabilitation, its authorized agent, or other representative;
18 (b) A listing of all record owners of any real
19 property, other than the property at which site rehabilitation
20 was initiated pursuant to s. 376.3071(5), s. 376.3078(4), s.
21 376.81, or s. 376.30701, at which contamination has been
22 discovered; the parcel identification number for any such real
23 property; the owner's address listed in the current county
24 property tax office records; and the owner's telephone number;
25 (c) Separate tables by medium, including, groundwater,
26 soil, surface water, or sediment, which list sampling
27 locations; the sampling date; names of contaminants detected
28 above cleanup target levels; their corresponding cleanup
29 target levels; the contaminant concentrations; and whether the
30 cleanup target level is based on health or nuisance,
31 organoleptic, or aesthetic concerns; and
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1 (d) A vicinity map that shows the sampling locations
2 with corresponding laboratory analytical results and the date
3 on which each sample was collected, and identifies the
4 property boundaries of the property at which site
5 rehabilitation was initiated pursuant to s. 376.3071(5), s.
6 376.3078(4), s. 376.81, or s. 376.30701, and any other
7 property at which contamination has been discovered during
8 such site rehabilitation.
9 (3) DEPARTMENT'S NOTICE RESPONSIBILITIES.--Within 30
10 days after receiving the actual notice required pursuant to
11 subsection (2), or within 30 days after the effective date of
12 this act, if the department already possesses information
13 equivalent to that required by the notice, the department
14 shall send a copy of such notice, or an equivalent
15 notification, to all record owners of any real property, other
16 than the property at which site rehabilitation was initiated
17 pursuant to s. 376.3071(5), s. 376.3078(4), s. 376.81, or s.
18 376.30701, at which contamination has been discovered. Along
19 with the copy of the notice or its equivalent, the department
20 shall include a letter identifying sources of additional
21 information about the contamination and a telephone number to
22 which further inquiries should be directed. The department may
23 collaborate with the Department of Health to develop such
24 sources of information and to establish procedures for
25 responding to public inquiries about health risks associated
26 with contaminated sites.
27 (4) RULEMAKING AUTHORITY.--The department may adopt
28 rules to administer this section, and shall adopt any rules
29 and forms that are necessary to administer the
30 contamination-notification requirements of this section.
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Florida Senate - 2005 CS for SB 330
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1 Section 3. This act shall take effect September 1,
2 2005.
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4 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
5 Senate Bill 330
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7 The committee substitute requires that a person provide notice
to the Department of Environmental Protection (DEP) and the
8 Department of Health when contamination is discovered as a
result of site rehabilitation activities. The DEP is required
9 to notify the record owners of real property at which
contamination has been discovered. The DEP is authorized to
10 collaborate with the Department of Health to establish
procedures for responding to public inquiries.
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