HB 1533

1	A bill to be entitled
2	An act relating to petroleum contamination; creating s.
3	376.30716, F.S.; providing definitions; creating a
4	presumption regarding the source of a subsequently
5	discovered discharge at certain petroleum contamination
6	sites; providing exceptions to the application of the
7	presumption; specifying that certain provisions concerning
8	site rehabilitation agreements do not apply to a
9	subsequently discovered discharge; prohibiting the
10	Department of Environmental Protection from requiring soil
11	or groundwater sampling relating to closure assessments at
12	certain petroleum contamination sites; specifying
13	responsibilities of a facility owner or operator;
14	providing an effective date.
15
16	Be It Enacted by the Legislature of the State of Florida:
17
18	Section 1.  Section 376.30716, Florida Statutes, is created
19	to read:
20	376.30716  Cleanup of certain sites.--
21	(1)  As used in this section, the term:
22	(a)  "Exclusion zone" means the subsurface area within 10
23	feet of an underground storage tank, integral piping, and
24	dispenser, and the area between the underground storage tank and
25	dispenser.
26	(b)  "Subsequently discovered discharge" means a discharge
27	or suspected discharge that is discovered on or after July 1,
28	2005, at a site eligible for state funding under s. 376.305, s.
29	376.3071, or s. 376.3072.
30	(2)  As noted in s. 376.30714, it may be difficult to
31	distinguish between a discharge of petroleum products from a
32	petroleum storage system which is eligible for state funding and
33	a discharge reported after December 31, 1998, which is not
34	eligible for state funding. Until the secondary containment
35	upgrade of underground storage tanks, as required under rule 62-
36	761, Florida Administrative Code, is complete at a site, a
37	subsequently discovered discharge at the site is presumed to be
38	part of the original discharge that qualifies for state funding.
39	However, this presumption does not apply:
40	(a)  If the department presents competent and substantial
41	evidence demonstrating that the subsequently discovered
42	discharge occurred from a source that is independent and
43	separate from the discharge that qualifies for state funding.
44	(b)  To a site where petroleum storage systems have been
45	upgraded, prior to July 1, 2005, to secondary containment in
46	accordance with rule 62-761, Florida Administrative Code.
47	(c)  To a site having newly discovered free product outside
48	the exclusion zone.
49	(d)  To a site having an increase in the concentration of
50	existing petroleum contamination outside the exclusion zone of
51	1,000 percent or greater.
52	(e)  To a site for which the department has, by a current
53	valid order, determined that the discharge that is eligible for
54	state funding has been cleaned up or no further action is
55	necessary.
56	(3)  Section 376.30714 does not apply to a subsequently
57	discovered discharge. The department shall not, as part of a
58	closure report or assessment for a site that is eligible for
59	state funding under s. 376.305, s. 376.3071, or s. 376.3072,
60	require soil or groundwater sampling.
61	(4)  Regardless of whether the presumption specified in
62	subsection (2) applies, a facility owner or operator shall:
63	(a)  Report all incidents or discharges in accordance with
64	rules of the department.
65	(b)  Provide to the department a copy of all test results
66	of storage tank and piping tightness regardless of the results.
67	Section 2.  This act shall take effect upon becoming a law.

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