1 | A bill to be entitled |
2 | An act relating to contamination notification; amending s. |
3 | 376.301, F.S.; defining specified terms; creating s. |
4 | 376.30702, F.S.; requiring notice when contamination is |
5 | discovered as a result of site rehabilitation activities; |
6 | providing requirements for notice; requiring notice when |
7 | laboratory analytical results demonstrate that |
8 | contamination exists in any medium beyond the boundaries |
9 | of the property of the site rehabilitation; providing |
10 | requirements for notice; providing rulemaking authority; |
11 | amending ss. 287.0595 and 316.302, F.S.; conforming cross |
12 | references; providing an effective date. |
13 |
|
14 | Be 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 |
18 | Statutes, are renumbered as subsections (9) through (30), (32) |
19 | through (46), and (48) through (50), respectively, and new |
20 | subsections (8), (31), and (47) are added to said section to |
21 | read: |
22 | 376.301 Definitions of terms used in ss. 376.30-376.319, |
23 | 376.70, and 376.75.--When used in ss. 376.30-376.319, 376.70, |
24 | and 376.75, unless the context clearly requires otherwise, the |
25 | term: |
26 | (8) "Cleanup target level" means the concentration for |
27 | each contaminant identified by an applicable analytical test |
28 | method, in the medium of concern, at which a site rehabilitation |
29 | program is deemed complete. |
30 | (31) "Person responsible for site rehabilitation" means |
31 | the person performing site rehabilitation pursuant to s. |
32 | 376.3071(5), s. 376.3078(4), s. 376.81, or s. 376.30701. Such |
33 | person may include, but is not limited to, any person who has |
34 | legal responsibility for site rehabilitation pursuant to this |
35 | chapter or chapter 403, the department when it conducts site |
36 | rehabilitation, a real property owner, a facility owner or |
37 | operator, any person responsible for brownfield site |
38 | rehabilitation, or any person who voluntarily rehabilitates a |
39 | site and seeks acknowledgment from the department for approval |
40 | of site rehabilitation program tasks. |
41 | (47) "Temporary point of compliance" means the boundary |
42 | represented by one or more designated monitoring wells at which |
43 | groundwater cleanup target levels may not be exceeded while site |
44 | rehabilitation is proceeding. |
45 | Section 2. Section 376.30702, Florida Statutes, is created |
46 | to read: |
47 | 376.30702 Contamination notification.-- |
48 | (1) FINDINGS; INTENT; APPLICABILITY.--The Legislature |
49 | finds and declares that when contamination is discovered by any |
50 | person as a result of site rehabilitation activities conducted |
51 | pursuant to the risk-based corrective action provisions found in |
52 | s. 376.3071(5), s. 376.3078(4), s. 376.81, or s. 376.30701, it |
53 | is in the public's best interest that potentially affected |
54 | persons be notified of the existence of such contamination. |
55 | Therefore, persons discovering such contamination shall notify |
56 | the department of such discovery in accordance with the |
57 | requirements of this section, and the department shall be |
58 | responsible for notifying the affected public. The Legislature |
59 | intends for the provisions of this section to govern the notice |
60 | requirements for early notification of the discovery of |
61 | contamination. |
62 | (2) INITIAL NOTICE OF CONTAMINATION BEYOND PROPERTY |
63 | BOUNDARIES.--If at any time during site rehabilitation conducted |
64 | pursuant to s. 376.3071(5), s. 376.3078(4), s. 376.81, or s. |
65 | 376.30701 the person responsible for site rehabilitation, the |
66 | person's authorized agent, or another representative of the |
67 | person discovers from laboratory analytical results that comply |
68 | with appropriate quality assurance protocols specified in |
69 | department rules that contamination as defined in applicable |
70 | department rules exists in any medium beyond the boundaries of |
71 | the property at which site rehabilitation was initiated pursuant |
72 | to s. 376.3071(5), s. 376.3078(4), s. 376.81, or s. 376.30701, |
73 | the person responsible for site rehabilitation shall give actual |
74 | notice as soon as possible, but no later than 10 days from such |
75 | discovery, to the Division of Waste Management at the |
76 | department's Tallahassee office. The actual notice shall be |
77 | provided on a form adopted by department rule and mailed by |
78 | certified mail, return receipt requested. The person responsible |
79 | for site rehabilitation shall simultaneously mail a copy of such |
80 | notice to the appropriate department district office, county |
81 | health department, and all known lessees and tenants of the |
82 | source property. The notice shall include the following |
83 | information: |
84 | (a) The location of the property at which site |
85 | rehabilitation was initiated pursuant to s. 376.3071(5), s. |
86 | 376.3078(4), s. 376.81, or s. 376.30701 and contact information |
87 | for the person responsible for site rehabilitation, the person's |
88 | authorized agent, or another representative of the person. |
89 | (b) A listing of all record owners of any real property, |
90 | other than the property at which site rehabilitation was |
91 | initiated pursuant to s. 376.3071(5), s. 376.3078(4), s. 376.81, |
92 | or s. 376.30701, at which contamination has been discovered; the |
93 | parcel identification number for any such real property; the |
94 | owner's address listed in the current county property tax office |
95 | records; and the owner's telephone number. The requirements of |
96 | this paragraph do not apply to the notice to known tenants and |
97 | lessees of the source property. |
98 | (c) Separate tables by medium, such as groundwater, soil, |
99 | surface water, or sediment, that list sampling locations; |
100 | sampling dates; names of contaminants detected above cleanup |
101 | target levels; their corresponding cleanup target levels; the |
102 | contaminant concentrations; and whether the cleanup target level |
103 | is based on health, nuisance, organoleptic, or aesthetic |
104 | concerns. |
105 | (d) A vicinity map that shows each sampling location with |
106 | corresponding laboratory analytical results and the date on |
107 | which the sample was collected and that identifies the property |
108 | boundaries of the property at which site rehabilitation was |
109 | initiated pursuant to s. 376.3071(5), s. 376.3078(4), s. 376.81, |
110 | or s. 376.30701 and the other properties at which contamination |
111 | has been discovered during such site rehabilitation. |
112 | (3) DEPARTMENT'S NOTICE RESPONSIBILITIES.--Within 30 days |
113 | after receiving the actual notice required pursuant to |
114 | subsection (2), or within 30 days of the effective date of this |
115 | act if the department already possesses information equivalent |
116 | to that required by the notice, the department shall send a copy |
117 | of such notice, or an equivalent notification, to all record |
118 | owners of any real property, other than the property at which |
119 | site rehabilitation was initiated pursuant to s. 376.3071(5), s. |
120 | 376.3078(4), s. 376.81, or s. 376.30701, at which contamination |
121 | has been discovered. If the property at which contamination has |
122 | been discovered is the site of a school as defined in s. |
123 | 1003.01, the department shall also send a copy of the notice to |
124 | the chair of the school board of the district in which the |
125 | property is located and direct said school board to provide |
126 | actual notice to teachers and parents or guardians of students |
127 | attending the school during the period of site rehabilitation. |
128 | Along with the copy of the notice or its equivalent, the |
129 | department shall include a letter identifying sources of |
130 | additional information about the contamination and a telephone |
131 | number to which further inquiries should be directed. The |
132 | department may collaborate with the Department of Health to |
133 | develop such sources of information and to establish procedures |
134 | for responding to public inquiries about health risks associated |
135 | with contaminated sites. |
136 | (4) RULEMAKING AUTHORITY.--The department shall adopt |
137 | rules and forms pursuant to ss. 120.536(1) and 120.54 to |
138 | implement the requirements of this section. |
139 | Section 3. Paragraph (a) of subsection (1) of section |
140 | 287.0595, Florida Statutes, is amended to read: |
141 | 287.0595 Pollution response action contracts; department |
142 | rules.-- |
143 | (1) The Department of Environmental Protection shall |
144 | establish, by adopting administrative rules as provided in |
145 | chapter 120: |
146 | (a) Procedures for determining the qualifications of |
147 | responsible potential vendors prior to advertisement for and |
148 | receipt of bids, proposals, or replies for pollution response |
149 | action contracts, including procedures for the rejection of |
150 | unqualified vendors. Response actions are those activities |
151 | described in s. 376.301(39)(37). |
152 | Section 4. Paragraph (f) of subsection (2) of section |
153 | 316.302, Florida Statutes, is amended to read: |
154 | 316.302 Commercial motor vehicles; safety regulations; |
155 | transporters and shippers of hazardous materials; enforcement.-- |
156 | (2) |
157 | (f) A person who operates a commercial motor vehicle |
158 | having a declared gross vehicle weight of less than 26,000 |
159 | pounds solely in intrastate commerce and who is not transporting |
160 | hazardous materials in amounts that require placarding pursuant |
161 | to 49 C.F.R. part 172, or who is transporting petroleum products |
162 | as defined in s. 376.301(31), is exempt from subsection (1). |
163 | However, such person must comply with 49 C.F.R. parts 382, 392, |
164 | and 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. |