HB 0937

1	A bill to be entitled
2	An act relating to contamination notification; amending s.
3	376.031, F.S.; defining specified terms; creating s.
4	376.30702, F.S.; requiring notice when an environmental
5	contaminant may have spread beyond the boundaries of a
6	source property; providing requirements for notice;
7	providing requirements for temporary extension of a point
8	of compliance; providing for additional notice
9	requirements when using a temporary point of compliance;
10	requiring warning signs in certain circumstances;
11	providing an effective date.
12
13	Be It Enacted by the Legislature of the State of Florida:
14
15	Section 1.  Subsections (5) through (25) of section
16	376.031, Florida Statutes, are renumbered as subsections (7)
17	through (27), respectively, and new subsections (5) and (6) are
18	added to said section, to read:
19	376.031  Definitions; ss. 376.011-376.21.--When used in ss.
20	376.011-376.21, unless the context clearly requires otherwise,
21	the term:
22	(5)  "Cleanup target level" means the concentration for
23	each contaminant identified by an applicable analytical test
24	method, in the medium of concern, at which a site rehabilitation
25	program is deemed complete.
26	(6)  "Contaminant" means any physical, chemical,
27	biological, or radiological substance present in any medium that
28	may result in adverse effects to human health or the environment
29	or that creates an adverse nuisance, organoleptic, or aesthetic
30	condition in groundwater.
31	Section 2.  Section 376.30702, Florida Statutes, is created
32	to read:
33	376.30702  Contamination notification.--
34	(1)  At any time a property owner of the source property
35	from which contamination originates, or an identifiable lessee,
36	a property owner's authorized agent, or another representative
37	of the property owner, discovers that a contaminant could
38	reasonably have migrated into any medium or property beyond the
39	boundaries of the source property, the owner shall give actual
40	notice as soon as possible, but no later than 10 days from the
41	discovery, to the department. The actual notice shall be
42	provided on a form set out by rule and mailed by certified mail,
43	return receipt requested. Within 10 days after receiving the
44	actual notice, the department shall send a copy of such notice
45	to all record owners of any real property into which the
46	contamination reasonably could have migrated. The notice shall
47	include the following:
48	(a)  The location of the source property and contact
49	information for the owner, the owner's authorized agent, or
50	other owner's representative.
51	(b)  Separate tables by medium, such as groundwater, soil,
52	surface water, or sediment, that list each sampling location;
53	each sampling date; the name of each contaminant detected above
54	cleanup target levels; the corresponding cleanup target level
55	for each such contaminant; the contaminant concentration for
56	each such contaminant; and whether the cleanup target level is
57	based on health or nuisance, organoleptic, or aesthetic
58	concerns.
59	(c)  A vicinity map showing each sampling location with
60	corresponding laboratory analytical results, the date on which
61	each sample was collected, and the property boundaries for the
62	source property and the real property into which contamination
63	could reasonably have migrated.
64	(2)  Copies of the notice in subsection (1) shall be
65	provided to the appropriate district office of the department
66	and the county health department. The notice provided to the
67	district office and the county health department shall also
68	include:
69	(a)  A listing of all record owners of any real property
70	into which the contamination could reasonably have migrated.
71	(b)  An affidavit that these record owners have been
72	notified pursuant to this section.
73	(c)  The parcel identification number for any such real
74	property.
75	(d)  The owner's address listed in the current county
76	property tax office records.
77	(e)  The owner's telephone number.
78
79	Compliance with this subsection does not constitute notice to
80	all record owners.
81	(3)  Before the department may authorize a temporary
82	extension of the point of compliance beyond the boundary of the
83	source property, in conjunction with natural attenuation with
84	monitoring or active remediation, the person responsible for
85	site rehabilitation shall provide the following notices:
86	(a)  Actual notice in written form mailed by certified
87	mail, return receipt requested, to the appropriate county health
88	department and all record owners of any real property into which
89	the point of compliance would be extended. The notice to record
90	owners shall be mailed to the owner's address listed in the
91	current county property tax office records. The notice under
92	this paragraph shall include the following:
93	1.  A description of the location of the subject site and
94	the name and address of the person responsible for site
95	rehabilitation.
96	2.  The location at which complete copies of any relevant
97	documents concerning the site and the proposed remedial
98	strategy, including temporary extension of the point of
99	compliance, are available for public inspection.
100	3.  The name and address of a contact person at the
101	department who is the project manager for the site
102	rehabilitation, to whom comments should be directed and from
103	whom copies of the department's actions regarding the site may
104	be requested.
105	4.  A paragraph including the statement: "Persons receiving
106	this notice shall have the opportunity to comment on the
107	department's proposed action within 30 days after receipt of the
108	notice." For purposes of actual notice, the 30-day comment
109	period shall commence on the delivery date stamped on the return
110	receipt.
111	(b)  Constructive notice to residents other than
112	identifiable lessees, if different from the real property owners
113	notified pursuant to paragraph (a), and business tenants of any
114	real property into which the point of compliance would be
115	extended. Such constructive notice, which shall include the same
116	information as required in the actual notice, shall be provided
117	by complying with the following:
118	1.  Publishing the notice one time, at least two columns
119	wide by 10 inches long with a headline in a type no smaller than
120	18 point and the body of the notice in a type no smaller than 10
121	point, in a standard size newspaper of general circulation.
122	2.  Including a statement in the notice indicating the 30-
123	day deadline by which comments must be received. For purposes of
124	constructive notice, the 30-day comment period shall commence on
125	the date the notice is published in the newspaper.
126	(c)  Copies of notices, both actual and constructive, must
127	be provided to the department as proof of compliance with this
128	section. For purposes of the constructive notice, the person
129	responsible for site rehabilitation shall provide a copy of the
130	version printed in the newspaper or submit the actual newspaper
131	page itself.
132	(4)  When using a temporary point of compliance beyond the
133	boundary of the source property to facilitate natural
134	attenuation with monitoring or active remediation, an additional
135	notice concerning the status of the site rehabilitation shall be
136	similarly provided every 5 years to those persons who received
137	notice pursuant to subsection (3) unless in the intervening time
138	such persons have been informed that the contamination no longer
139	affects the property into which the point of compliance was
140	extended.
141	(5)  At sites where a risk of exposure to the public exists
142	due to contamination of the soil, sediment, or surface water
143	with hazardous waste as defined in s. 403.703, the person
144	responsible for site rehabilitation shall place warning signs
145	pursuant to rules of the department.
146	Section 3.  This act shall take effect July 1, 2005.

CODING: Words stricken are deletions; words underlined are additions.