| 1 | The Water & Natural Resources Committee recommends the |
| 2 | following: |
| 3 |
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| 4 | Council/Committee Substitute |
| 5 | Remove the entire bill and insert: |
| 6 | A bill to be entitled |
| 7 | An act relating to contamination notification; amending s. |
| 8 | 376.301, F.S.; defining specified terms; creating s. |
| 9 | 376.30702, F.S.; requiring notice when contamination is |
| 10 | discovered as a result of site rehabilitation activities; |
| 11 | providing requirements for notice; requiring notice when |
| 12 | laboratory analytical results demonstrate that |
| 13 | contamination exists in any medium beyond the boundaries |
| 14 | of the property of the site rehabilitation; providing |
| 15 | requirements for notice; providing rulemaking authority; |
| 16 | amending ss. 287.0595 and 316.302, F.S.; conforming cross |
| 17 | references; providing an effective date. |
| 18 |
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| 19 | Be It Enacted by the Legislature of the State of Florida: |
| 20 |
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| 21 | Section 1. Subsections (8) through (10), (11) through |
| 22 | (29), (30) through (44), and (45) through (47) of section |
| 23 | 376.301, Florida Statutes, are renumbered as subsections (9) |
| 24 | through (11), (13) through (31), (33) through (47), and (49) |
| 25 | through (51), respectively, and new subsections (8), (12), (32), |
| 26 | and (48) are added to said section to read: |
| 27 | 376.301 Definitions of terms used in ss. 376.30-376.319, |
| 28 | 376.70, and 376.75.--When used in ss. 376.30-376.319, 376.70, |
| 29 | and 376.75, unless the context clearly requires otherwise, the |
| 30 | term: |
| 31 | (8) "Cleanup target level" means the concentration for |
| 32 | each contaminant identified by an applicable analytical test |
| 33 | method, in the medium of concern, at which a site rehabilitation |
| 34 | program is deemed complete. |
| 35 | (12) "Contamination" means the presence of free product or |
| 36 | any contaminant in surface water, groundwater, soil, or |
| 37 | sediment, or upon the land, in concentrations that exceed the |
| 38 | applicable cleanup target levels or that result in contaminated |
| 39 | sediment, as specified in department rules. |
| 40 | (32) "Person responsible for site rehabilitation" means |
| 41 | the person performing site rehabilitation pursuant to s. |
| 42 | 376.3071(5), s. 376.3078(4), s. 376.81, or s. 376.30701. Such |
| 43 | person may include, but is not limited to, any person who has |
| 44 | legal responsibility for site rehabilitation pursuant to this |
| 45 | chapter or chapter 403, the department when it conducts site |
| 46 | rehabilitation, a real property owner, a facility owner or |
| 47 | operator, any person responsible for brownfield site |
| 48 | rehabilitation, or any person who voluntarily rehabilitates a |
| 49 | site and seeks acknowledgment from the department for approval |
| 50 | of site rehabilitation program tasks. |
| 51 | (48) "Temporary point of compliance" means the boundary |
| 52 | represented by one or more designated monitoring wells at which |
| 53 | groundwater cleanup target levels may not be exceeded while site |
| 54 | rehabilitation is proceeding. |
| 55 | Section 2. Section 376.30702, Florida Statutes, is created |
| 56 | to read: |
| 57 | 376.30702 Contamination notification.-- |
| 58 | (1) FINDINGS; INTENT; APPLICABILITY.--The Legislature |
| 59 | finds and declares that when contamination is discovered by any |
| 60 | person as a result of site rehabilitation activities conducted |
| 61 | pursuant to the risk-based corrective action provisions found in |
| 62 | s. 376.3071(5), s. 376.3078(4), s. 376.81, or s. 376.30701, it |
| 63 | is in the public's best interest that potentially affected |
| 64 | persons be notified of the existence of such contamination. |
| 65 | Therefore, persons discovering such contamination shall notify |
| 66 | the department of such discovery in accordance with the |
| 67 | requirements of this section, and the department shall be |
| 68 | responsible for notifying the affected public. The Legislature |
| 69 | intends for the provisions of this section to govern the notice |
| 70 | requirements for early notification of the discovery of |
| 71 | contamination. |
| 72 | (2) INITIAL NOTICE OF CONTAMINATION BEYOND PROPERTY |
| 73 | BOUNDARIES.--If at any time during site rehabilitation conducted |
| 74 | pursuant to s. 376.3071(5), s. 376.3078(4), s. 376.81, or s. |
| 75 | 376.30701 the person responsible for site rehabilitation, the |
| 76 | person's authorized agent, or another representative of the |
| 77 | person discovers from laboratory analytical results that comply |
| 78 | with appropriate quality assurance protocols specified in |
| 79 | department rules that contamination exists in any medium beyond |
| 80 | the boundaries of the property at which site rehabilitation was |
| 81 | initiated pursuant to s. 376.3071(5), s. 376.3078(4), s. 376.81, |
| 82 | or s. 376.30701, the person responsible for site rehabilitation |
| 83 | shall give actual notice as soon as possible, but no later than |
| 84 | 10 days from such discovery, to the Division of Waste Management |
| 85 | at the department's Tallahassee office. The actual notice shall |
| 86 | be provided on a form adopted by department rule and mailed by |
| 87 | certified mail, return receipt requested. The person responsible |
| 88 | for site rehabilitation shall simultaneously mail a copy of such |
| 89 | notice to the appropriate department district office, county |
| 90 | health department, and all known lessees and tenants of the |
| 91 | source property. The notice shall include the following |
| 92 | information: |
| 93 | (a) The location of the property at which site |
| 94 | rehabilitation was initiated pursuant to s. 376.3071(5), s. |
| 95 | 376.3078(4), s. 376.81, or s. 376.30701 and contact information |
| 96 | for the person responsible for site rehabilitation, the person's |
| 97 | authorized agent, or another representative of the person. |
| 98 | (b) A listing of all record owners of any real property, |
| 99 | other than the property at which site rehabilitation was |
| 100 | initiated pursuant to s. 376.3071(5), s. 376.3078(4), s. 376.81, |
| 101 | or s. 376.30701, at which contamination has been discovered; the |
| 102 | parcel identification number for any such real property; the |
| 103 | owner's address listed in the current county property tax office |
| 104 | records; and the owner's telephone number. The requirements of |
| 105 | this paragraph do not apply to the notice to known tenants and |
| 106 | lessees of the source property. |
| 107 | (c) Separate tables by medium, such as groundwater, soil, |
| 108 | surface water, or sediment, that list sampling locations; |
| 109 | sampling dates; names of contaminants detected above cleanup |
| 110 | target levels; their corresponding cleanup target levels; the |
| 111 | contaminant concentrations; and whether the cleanup target level |
| 112 | is based on health, nuisance, organoleptic, or aesthetic |
| 113 | concerns. |
| 114 | (d) A vicinity map that shows each sampling location with |
| 115 | corresponding laboratory analytical results and the date on |
| 116 | which the sample was collected and that identifies the property |
| 117 | boundaries of the property at which site rehabilitation was |
| 118 | initiated pursuant to s. 376.3071(5), s. 376.3078(4), s. 376.81, |
| 119 | or s. 376.30701 and the other properties at which contamination |
| 120 | has been discovered during such site rehabilitation. |
| 121 | (3) DEPARTMENT'S NOTICE RESPONSIBILITIES.--Within 30 days |
| 122 | after receiving the actual notice required pursuant to |
| 123 | subsection (2), or within 30 days of the effective date of this |
| 124 | act if the department already possesses information equivalent |
| 125 | to that required by the notice, the department shall send a copy |
| 126 | of such notice, or an equivalent notification, to all record |
| 127 | owners of any real property, other than the property at which |
| 128 | site rehabilitation was initiated pursuant to s. 376.3071(5), s. |
| 129 | 376.3078(4), s. 376.81, or s. 376.30701, at which contamination |
| 130 | has been discovered. Along with the copy of the notice or its |
| 131 | equivalent, the department shall include a letter identifying |
| 132 | sources of additional information about the contamination and a |
| 133 | telephone number to which further inquiries should be directed. |
| 134 | The department may collaborate with the Department of Health to |
| 135 | develop such sources of information and to establish procedures |
| 136 | for responding to public inquiries about health risks associated |
| 137 | with contaminated sites. |
| 138 | (4) RULEMAKING AUTHORITY.--The department shall adopt |
| 139 | rules and forms pursuant to ss. 120.536(1) and 120.54 to |
| 140 | implement the requirements of this section. |
| 141 | Section 3. Paragraph (a) of subsection (1) of section |
| 142 | 287.0595, Florida Statutes, is amended to read: |
| 143 | 287.0595 Pollution response action contracts; department |
| 144 | rules.-- |
| 145 | (1) The Department of Environmental Protection shall |
| 146 | establish, by adopting administrative rules as provided in |
| 147 | chapter 120: |
| 148 | (a) Procedures for determining the qualifications of |
| 149 | responsible potential vendors prior to advertisement for and |
| 150 | receipt of bids, proposals, or replies for pollution response |
| 151 | action contracts, including procedures for the rejection of |
| 152 | unqualified vendors. Response actions are those activities |
| 153 | described in s. 376.301(40)(37). |
| 154 | Section 4. Paragraph (f) of subsection (2) of section |
| 155 | 316.302, Florida Statutes, is amended to read: |
| 156 | 316.302 Commercial motor vehicles; safety regulations; |
| 157 | transporters and shippers of hazardous materials; enforcement.-- |
| 158 | (2) |
| 159 | (f) A person who operates a commercial motor vehicle |
| 160 | having a declared gross vehicle weight of less than 26,000 |
| 161 | pounds solely in intrastate commerce and who is not transporting |
| 162 | hazardous materials in amounts that require placarding pursuant |
| 163 | to 49 C.F.R. part 172, or who is transporting petroleum products |
| 164 | as defined in s. 376.301(31), is exempt from subsection (1). |
| 165 | However, such person must comply with 49 C.F.R. parts 382, 392, |
| 166 | and 393, and with 49 C.F.R. ss. 396.3(a)(1) and 396.9. |
| 167 | Section 5. This act shall take effect September 1, 2005. |