HB 1229

1
A bill to be entitled
2An act relating to contamination notification; amending s.
3376.30702, F.S.; revising contamination notification
4provisions; requiring individuals responsible for site
5rehabilitation to provide notice of site rehabilitation to
6specified entities; revising provisions relating to the
7content and delivery of such notice; requiring local
8governments to provide specified notice of site
9rehabilitation; requiring the Department of Environmental
10Protection to verify compliance with notice requirements;
11authorizing the department to pursue enforcement measures
12for noncompliance with notice requirements; requiring the
13department to provide specified notice to certain property
14owners; revising the department's contamination
15notification requirements for certain public schools;
16requiring the department to provide specified notice to
17private K-12 schools and child care facilities; requiring
18the department to provide specified notice to public
19schools within a specified area; providing notice
20requirements; providing an effective date.
21
22Be It Enacted by the Legislature of the State of Florida:
23
24     Section 1.  Section 376.30702, Florida Statutes, is amended
25to read:
26     376.30702  Contamination notification.--
27     (1)  FINDINGS; INTENT; APPLICABILITY.--The Legislature
28finds and declares that when contamination is discovered by any
29person as a result of site rehabilitation activities conducted
30pursuant to the risk-based corrective action provisions found in
31s. 376.3071(5), s. 376.3078(4), s. 376.81, or s. 376.30701, or
32pursuant to an administrative or court order, it is in the
33public's best interest that potentially affected persons be
34notified of the existence of such contamination. Therefore,
35persons discovering such contamination shall notify the
36department and potentially affected persons of such discovery in
37accordance with the requirements of this section, and the
38department shall be responsible for notifying the affected
39public. The Legislature intends for the provisions of this
40section to govern the notice requirements for early notification
41of the discovery of contamination.
42     (2)(a)  INITIAL NOTICE OF CONTAMINATION BEYOND PROPERTY
43BOUNDARIES.--If at any time during site rehabilitation conducted
44pursuant to s. 376.3071(5), s. 376.3078(4), s. 376.81, or s.
45376.30701, or an administrative or court order the person
46responsible for site rehabilitation, the person's authorized
47agent, or another representative of the person discovers from
48laboratory analytical results that comply with appropriate
49quality assurance protocols specified in department rules that
50contamination as defined in applicable department rules exists
51in any groundwater, surface water, or soil either within or
52medium beyond the boundaries of the property at which site
53rehabilitation was initiated pursuant to s. 376.3071(5), s.
54376.3078(4), s. 376.81, or s. 376.30701, or an administrative or
55court order, the person responsible for site rehabilitation
56shall give actual notice as soon as possible, but no later than
5710 days from such discovery, to the Division of Waste Management
58at the department's Tallahassee office. The actual notice shall
59be provided on a form adopted by department rule and mailed by
60certified mail, return receipt requested. The person responsible
61for site rehabilitation shall simultaneously provide mail a copy
62of such notice to:
63     1.  The appropriate department district office;,
64     2.  The appropriate county health department;,
65     3.  The mayor, the chair of the county commission, or the
66comparable senior elected official representing the affected
67area;
68     4.  The city manager, the county administrator, or the
69comparable senior elected official representing the affected
70area;
71     5.  The state senator, state representative, United States
72Senator, and United States Representative representing the
73affected area; and
74     6.  All real property owners, known lessees, and tenants of
75the source property at which site rehabilitation is being
76conducted, if different from the person responsible for site
77rehabilitation, and all real property owners, lessees, and
78tenants of any properties within a 500-foot radius of each
79sampling point at which contamination is discovered.
80     (b)  The notice shall include the following information:
81     1.(a)  The location of the property at which site
82rehabilitation was initiated pursuant to s. 376.3071(5), s.
83376.3078(4), s. 376.81, or s. 376.30701, or an administrative or
84court order and contact information for the person responsible
85for site rehabilitation, the person's authorized agent, or
86another representative of the person.
87     2.(b)  A listing of all record owners of any real property
88owners, other than the property at which site rehabilitation was
89initiated pursuant to s. 376.3071(5), s. 376.3078(4), s. 376.81,
90or s. 376.30701, at which contamination has been discovered; the
91parcel identification number for any such real property; the
92owner's address listed in the current county property tax office
93records; and the owner's telephone number. The requirements of
94this paragraph do not apply to the notice to known tenants and
95lessees of the source property.
96     3.(c)  Separate tables for by medium, such as groundwater,
97soil, or surface water, or sediment, that list sampling
98locations identified on the vicinity map as provided in
99subparagraph 4.; sampling dates; names of contaminants detected
100above cleanup target levels; their corresponding cleanup target
101levels; the contaminant concentrations; and whether the cleanup
102target level is based on health, nuisance, organoleptic, or
103aesthetic concerns.
104     4.(d)  A vicinity map that shows each sampling location
105with corresponding laboratory analytical results pursuant to
106subparagraph 3. and the date on which the sample was collected
107and that identifies the property boundaries of the property at
108which site rehabilitation was initiated pursuant to s.
109376.3071(5), s. 376.3078(4), s. 376.81, or s. 376.30701, or an
110administrative or court order and any the other properties at
111which contamination has been discovered during such site
112rehabilitation.
113     (c)  The notice provided to local government officials
114shall be mailed by certified mail, return receipt requested, and
115shall advise the local government of its responsibilities under
116subsection (3). Copies of the notices and receipts shall be
117provided to the department as proof of compliance with this
118subsection.
119     (d)  The notice provided to real property owners, lessees,
120and tenants may be delivered by certified mail, return receipt
121requested, hand delivery, or door-hanger. Copies of the notices
122and receipts, or a copy or sample of the hand-delivered notice
123or door-hanger and a list of addresses to which the notice or
124door-hanger was distributed, shall be provided to the department
125as proof of compliance with this subsection.
126     (3)  LOCAL GOVERNMENT'S NOTICE RESPONSIBILITIES.--Within 30
127days after receiving the actual notice required under subsection
128(2), the local government shall mail a copy of the notice to the
129president or comparable executive officer of each homeowners'
130association or neighborhood association within the potentially
131affected area as described in subsection (2).
132     (4)(3)  DEPARTMENT'S NOTICE RESPONSIBILITIES.--
133     (a)  Within 30 days after receiving the actual notice
134required under pursuant to subsection (2), or within 30 days of
135the effective date of this act if the department already
136possesses information equivalent to that required by the notice,
137the department shall verify that the person responsible for site
138rehabilitation has complied with the notice requirements of this
139section send a copy of such notice, or an equivalent
140notification, to all record owners of any real property, other
141than the property at which site rehabilitation was initiated
142pursuant to s. 376.3071(5), s. 376.3078(4), s. 376.81, or s.
143376.30701, at which contamination has been discovered. If the
144person responsible for site rehabilitation has not complied with
145the notice requirements of this section, the department may
146pursue enforcement as provided under this chapter and chapter
147403.
148     (b)  Within 60 days after receiving the actual notice
149required under subsection (2), for sites conducting
150rehabilitation activities pursuant to the risk-based corrective
151action provisions found in s. 376.30701, the department shall
152mail a copy of such notice to all real property owners at which
153site rehabilitation is being conducted.
154     (c)  If the property at which contamination has been
155discovered is the site of a school as defined in s. 1003.01, the
156department shall mail also send a copy of the notice to the
157superintendent chair of the school board of the school district
158in which the property is located and direct the superintendent
159said school board to provide actual notice annually to teachers
160and parents or guardians of students attending the school during
161the period of site rehabilitation.
162     (d)  If the property at which contamination has been
163discovered is the site of a private K-12 school or a child care
164facility as defined in s. 402.302, the department shall mail a
165copy of the notice to the governing board, principal, or owner
166of the school or child care facility and direct the governing
167board, principal, or owner to provide actual notice annually to
168teachers and parents or guardians of students or children
169attending the school or child care facility during the period of
170site rehabilitation.
171     (e)  If any property within a 1-mile radius of the property
172at which contamination has been discovered is the site of a
173school as defined in s. 1003.01, the department shall mail a
174copy of the notice to the superintendent of the school district
175in which the property is located and direct the superintendent
176to provide actual notice annually to the principal of the
177school.
178     (f)  Along with the copy of the notice or its equivalent,
179the department shall include a letter identifying sources of
180additional information about the contamination and a telephone
181number to which further inquiries should be directed. The
182department may collaborate with the Department of Health to
183develop such sources of information and to establish procedures
184for responding to public inquiries about health risks associated
185with contaminated sites.
186     (5)(4)  RULEMAKING AUTHORITY.--The department shall adopt
187rules and forms pursuant to ss. 120.536(1) and 120.54 to
188implement the requirements of this section.
189     Section 2.  This act shall take effect July 1, 2009.


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