HB 937

1
A bill to be entitled
2An act relating to contamination notification; amending s.
3376.301, F.S.; defining specified terms; creating s.
4376.30702, F.S.; requiring notice when contamination is
5discovered as a result of site rehabilitation activities;
6providing requirements for notice; requiring notice when
7laboratory analytical results demonstrate that
8contamination exists in any medium beyond the boundaries
9of the property of the site rehabilitation; providing
10requirements for notice; providing rulemaking authority;
11amending ss. 287.0595 and 316.302, F.S.; conforming cross
12references; providing an effective date.
13
14Be It Enacted by the Legislature of the State of Florida:
15
16     Section 1.  Subsections (8) through (29), (30) through
17(44), and (45) through (47) of section 376.301, Florida
18Statutes, are renumbered as subsections (9) through (30), (32)
19through (46), and (48) through (50), respectively, and new
20subsections (8), (31), and (47) are added to said section to
21read:
22     376.301  Definitions of terms used in ss. 376.30-376.319,
23376.70, and 376.75.--When used in ss. 376.30-376.319, 376.70,
24and 376.75, unless the context clearly requires otherwise, the
25term:
26     (8)  "Cleanup target level" means the concentration for
27each contaminant identified by an applicable analytical test
28method, in the medium of concern, at which a site rehabilitation
29program is deemed complete.
30     (31)  "Person responsible for site rehabilitation" means
31the person performing site rehabilitation pursuant to s.
32376.3071(5), s. 376.3078(4), s. 376.81, or s. 376.30701. Such
33person may include, but is not limited to, any person who has
34legal responsibility for site rehabilitation pursuant to this
35chapter or chapter 403, the department when it conducts site
36rehabilitation, a real property owner, a facility owner or
37operator, any person responsible for brownfield site
38rehabilitation, or any person who voluntarily rehabilitates a
39site and seeks acknowledgment from the department for approval
40of site rehabilitation program tasks.
41     (47)  "Temporary point of compliance" means the boundary
42represented by one or more designated monitoring wells at which
43groundwater cleanup target levels may not be exceeded while site
44rehabilitation is proceeding.
45     Section 2.  Section 376.30702, Florida Statutes, is created
46to read:
47     376.30702  Contamination notification.--
48     (1)  FINDINGS; INTENT; APPLICABILITY.--The Legislature
49finds and declares that when contamination is discovered by any
50person as a result of site rehabilitation activities conducted
51pursuant to the risk-based corrective action provisions found in
52s. 376.3071(5), s. 376.3078(4), s. 376.81, or s. 376.30701, it
53is in the public's best interest that potentially affected
54persons be notified of the existence of such contamination.
55Therefore, persons discovering such contamination shall notify
56the department of such discovery in accordance with the
57requirements of this section, and the department shall be
58responsible for notifying the affected public. The Legislature
59intends for the provisions of this section to govern the notice
60requirements for early notification of the discovery of
61contamination.
62     (2)  INITIAL NOTICE OF CONTAMINATION BEYOND PROPERTY
63BOUNDARIES.--If at any time during site rehabilitation conducted
64pursuant to s. 376.3071(5), s. 376.3078(4), s. 376.81, or s.
65376.30701 the person responsible for site rehabilitation, the
66person's authorized agent, or another representative of the
67person discovers from laboratory analytical results that comply
68with appropriate quality assurance protocols specified in
69department rules that contamination as defined in applicable
70department rules exists in any medium beyond the boundaries of
71the property at which site rehabilitation was initiated pursuant
72to s. 376.3071(5), s. 376.3078(4), s. 376.81, or s. 376.30701,
73the person responsible for site rehabilitation shall give actual
74notice as soon as possible, but no later than 10 days from such
75discovery, to the Division of Waste Management at the
76department's Tallahassee office. The actual notice shall be
77provided on a form adopted by department rule and mailed by
78certified mail, return receipt requested. The person responsible
79for site rehabilitation shall simultaneously mail a copy of such
80notice to the appropriate department district office, county
81health department, and all known lessees and tenants of the
82source property. The notice shall include the following
83information:
84     (a)  The location of the property at which site
85rehabilitation was initiated pursuant to s. 376.3071(5), s.
86376.3078(4), s. 376.81, or s. 376.30701 and contact information
87for the person responsible for site rehabilitation, the person's
88authorized agent, or another representative of the person.
89     (b)  A listing of all record owners of any real property,
90other than the property at which site rehabilitation was
91initiated pursuant to s. 376.3071(5), s. 376.3078(4), s. 376.81,
92or s. 376.30701, at which contamination has been discovered; the
93parcel identification number for any such real property; the
94owner's address listed in the current county property tax office
95records; and the owner's telephone number. The requirements of
96this paragraph do not apply to the notice to known tenants and
97lessees of the source property.
98     (c)  Separate tables by medium, such as groundwater, soil,
99surface water, or sediment, that list sampling locations;
100sampling dates; names of contaminants detected above cleanup
101target levels; their corresponding cleanup target levels; the
102contaminant concentrations; and whether the cleanup target level
103is based on health, nuisance, organoleptic, or aesthetic
104concerns.
105     (d)  A vicinity map that shows each sampling location with
106corresponding laboratory analytical results and the date on
107which the sample was collected and that identifies the property
108boundaries of the property at which site rehabilitation was
109initiated pursuant to s. 376.3071(5), s. 376.3078(4), s. 376.81,
110or s. 376.30701 and the other properties at which contamination
111has been discovered during such site rehabilitation.
112     (3)  DEPARTMENT'S NOTICE RESPONSIBILITIES.--Within 30 days
113after receiving the actual notice required pursuant to
114subsection (2), or within 30 days of the effective date of this
115act if the department already possesses information equivalent
116to that required by the notice, the department shall send a copy
117of such notice, or an equivalent notification, to all record
118owners of any real property, other than the property at which
119site rehabilitation was initiated pursuant to s. 376.3071(5), s.
120376.3078(4), s. 376.81, or s. 376.30701, at which contamination
121has been discovered. If the property at which contamination has
122been discovered is the site of a school as defined in s.
1231003.01, the department shall also send a copy of the notice to
124the chair of the school board of the district in which the
125property is located and direct said school board to provide
126actual notice to teachers and parents or guardians of students
127attending the school during the period of site rehabilitation.
128Along with the copy of the notice or its equivalent, the
129department shall include a letter identifying sources of
130additional information about the contamination and a telephone
131number to which further inquiries should be directed. The
132department may collaborate with the Department of Health to
133develop such sources of information and to establish procedures
134for responding to public inquiries about health risks associated
135with contaminated sites.
136     (4)  RULEMAKING AUTHORITY.--The department shall adopt
137rules and forms pursuant to ss. 120.536(1) and 120.54 to
138implement the requirements of this section.
139     Section 3.  Paragraph (a) of subsection (1) of section
140287.0595, Florida Statutes, is amended to read:
141     287.0595  Pollution response action contracts; department
142rules.--
143     (1)  The Department of Environmental Protection shall
144establish, by adopting administrative rules as provided in
145chapter 120:
146     (a)  Procedures for determining the qualifications of
147responsible potential vendors prior to advertisement for and
148receipt of bids, proposals, or replies for pollution response
149action contracts, including procedures for the rejection of
150unqualified vendors. Response actions are those activities
151described in s. 376.301(39)(37).
152     Section 4.  Paragraph (f) of subsection (2) of section
153316.302, Florida Statutes, is amended to read:
154     316.302  Commercial motor vehicles; safety regulations;
155transporters and shippers of hazardous materials; enforcement.--
156     (2)
157     (f)  A person who operates a commercial motor vehicle
158having a declared gross vehicle weight of less than 26,000
159pounds solely in intrastate commerce and who is not transporting
160hazardous materials in amounts that require placarding pursuant
161to 49 C.F.R. part 172, or who is transporting petroleum products
162as defined in s. 376.301(31), is exempt from subsection (1).
163However, such person must comply with 49 C.F.R. parts 382, 392,
164and 393, and with 49 C.F.R. ss. 396.3(a)(1) and 396.9.
165     Section 5.  This act shall take effect September 1, 2005.


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