Senate Bill sb2126

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    Florida Senate - 2006                                  SB 2126

    By Senator Baker





    20-1204A-06

  1                      A bill to be entitled

  2         An act relating to petroleum contamination;

  3         creating s. 376.30716, F.S.; providing

  4         definitions; creating a presumption regarding

  5         the source of a subsequently discovered

  6         discharge at certain petroleum contamination

  7         sites; providing exceptions to the application

  8         of the presumption; specifying that certain

  9         provisions concerning site rehabilitation

10         agreements do not apply to a subsequently

11         discovered discharge; prohibiting the

12         Department of Environmental Protection from

13         requiring soil or groundwater sampling relating

14         to closure assessments at certain petroleum

15         contamination sites; specifying

16         responsibilities of a facility owner or

17         operator; providing an effective date.

18  

19  Be It Enacted by the Legislature of the State of Florida:

20  

21         Section 1.  Section 376.30716, Florida Statutes, is

22  created to read:

23         376.30716  Cleanup of certain sites.--

24         (1)  As used in this section, the term:

25         (a)  "Exclusion zone" means the subsurface area within

26  10 feet of an underground storage tank, integral piping, and

27  dispenser, and the area between the underground storage tank

28  and dispenser.

29         (b)  "Subsequently discovered discharge" means a

30  discharge or suspected discharge that is discovered on or

31  

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    Florida Senate - 2006                                  SB 2126
    20-1204A-06




 1  after July 1, 2005, at a site eligible for state funding under

 2  s. 376.305, s. 376.3071, or s. 376.3072.

 3         (2)  As noted in s. 376.30714, it may be difficult to

 4  distinguish between a discharge of petroleum products from a

 5  petroleum storage system which is eligible for state funding

 6  and a discharge reported after December 31, 1998, which is not

 7  eligible for state funding. Until the secondary containment

 8  upgrade of underground storage tanks, as required under rule

 9  62-761, Florida Administrative Code, is complete at a site, a

10  subsequently discovered discharge at the site is presumed to

11  be part of the original discharge that qualifies for state

12  funding. However, this presumption does not apply:

13         (a)  If the department presents competent and

14  substantial evidence demonstrating that the subsequently

15  discovered discharge occurred from a source that is

16  independent and separate from the discharge that qualifies for

17  state funding.

18         (b)  To a site where petroleum storage systems have

19  been upgraded, prior to July 1, 2005, to secondary containment

20  in accordance with rule 62-761, Florida Administrative Code.

21         (c)  To a site having newly discovered free product

22  outside the exclusion zone.

23         (d)  To a site having an increase in the concentration

24  of existing petroleum contamination outside the exclusion zone

25  of 1,000 percent or greater.

26         (e)  To a site for which the department has, by a

27  current valid order, determined that the discharge that is

28  eligible for state funding has been cleaned up or no further

29  action is necessary.

30         (3)  Section 376.30714 does not apply to a subsequently

31  discovered discharge. The department shall not, as part of a

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    Florida Senate - 2006                                  SB 2126
    20-1204A-06




 1  closure report or assessment for a site that is eligible for

 2  state funding under s. 376.305, s. 376.3071, or s. 376.3072,

 3  require soil or groundwater sampling.

 4         (4)  Regardless of whether the presumption specified in

 5  subsection (2) applies, a facility owner or operator shall:

 6         (a)  Report all incidents or discharges in accordance

 7  with rules of the department.

 8         (b)  Provide to the department a copy of all test

 9  results of storage tank and piping tightness regardless of the

10  results.

11         Section 2.  This act shall take effect upon becoming a

12  law.

13  

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15                          SENATE SUMMARY

16    Creates a presumption regarding the source of a
      subsequently discovered discharge at certain petroleum
17    contamination sites. Provides exceptions to application
      of the presumption. Provides that specified provisions
18    concerning site rehabilitation agreements do not apply to
      a subsequently discovered discharge. Prohibits the
19    Department of Environmental Protection from requiring
      soil or groundwater sampling relating to closure
20    assessments at certain petroleum contamination sites.
      Specifies responsibilities of a facility owner or
21    operator.

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