1 | A bill to be entitled |
2 | An act relating to contamination notification; amending s. |
3 | 376.30702, F.S.; revising contamination notification |
4 | provisions; requiring individuals responsible for site |
5 | rehabilitation to provide notice of site rehabilitation to |
6 | specified entities; revising provisions relating to the |
7 | content and delivery of such notice; requiring local |
8 | governments to provide specified notice of site |
9 | rehabilitation; requiring the Department of Environmental |
10 | Protection to verify compliance with notice requirements; |
11 | authorizing the department to pursue enforcement measures |
12 | for noncompliance with notice requirements; requiring the |
13 | department to provide specified notice to certain property |
14 | owners; revising the department's contamination |
15 | notification requirements for certain public schools; |
16 | requiring the department to provide specified notice to |
17 | private K-12 schools and child care facilities; requiring |
18 | the department to provide specified notice to public |
19 | schools within a specified area; providing notice |
20 | requirements; providing an effective date. |
21 |
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22 | Be It Enacted by the Legislature of the State of Florida: |
23 |
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24 | Section 1. Section 376.30702, Florida Statutes, is amended |
25 | to read: |
26 | 376.30702 Contamination notification.-- |
27 | (1) FINDINGS; INTENT; APPLICABILITY.--The Legislature |
28 | finds and declares that when contamination is discovered by any |
29 | person as a result of site rehabilitation activities conducted |
30 | pursuant to the risk-based corrective action provisions found in |
31 | s. 376.3071(5), s. 376.3078(4), s. 376.81, or s. 376.30701, or |
32 | pursuant to an administrative or court order, it is in the |
33 | public's best interest that potentially affected persons be |
34 | notified of the existence of such contamination. Therefore, |
35 | persons discovering such contamination shall notify the |
36 | department and potentially affected persons of such discovery in |
37 | accordance with the requirements of this section, and the |
38 | department shall be responsible for notifying the affected |
39 | public. The Legislature intends for the provisions of this |
40 | section to govern the notice requirements for early notification |
41 | of the discovery of contamination. |
42 | (2)(a) INITIAL NOTICE OF CONTAMINATION BEYOND PROPERTY |
43 | BOUNDARIES.--If at any time during site rehabilitation conducted |
44 | pursuant to s. 376.3071(5), s. 376.3078(4), s. 376.81, or s. |
45 | 376.30701, or an administrative or court order the person |
46 | responsible for site rehabilitation, the person's authorized |
47 | agent, or another representative of the person discovers from |
48 | laboratory analytical results that comply with appropriate |
49 | quality assurance protocols specified in department rules that |
50 | contamination as defined in applicable department rules exists |
51 | in any groundwater, surface water, or soil either within or |
52 | medium beyond the boundaries of the property at which site |
53 | rehabilitation was initiated pursuant to s. 376.3071(5), s. |
54 | 376.3078(4), s. 376.81, or s. 376.30701, or an administrative or |
55 | court order, the person responsible for site rehabilitation |
56 | shall give actual notice as soon as possible, but no later than |
57 | 10 days from such discovery, to the Division of Waste Management |
58 | at the department's Tallahassee office. The actual notice shall |
59 | be provided on a form adopted by department rule and mailed by |
60 | certified mail, return receipt requested. The person responsible |
61 | for site rehabilitation shall simultaneously provide mail a copy |
62 | of 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 |
66 | comparable senior elected official representing the affected |
67 | area; |
68 | 4. The city manager, the county administrator, or the |
69 | comparable senior elected official representing the affected |
70 | area; |
71 | 5. The state senator, state representative, United States |
72 | Senator, and United States Representative representing the |
73 | affected area; and |
74 | 6. All real property owners, known lessees, and tenants of |
75 | the source property at which site rehabilitation is being |
76 | conducted, if different from the person responsible for site |
77 | rehabilitation, and all real property owners, lessees, and |
78 | tenants of any properties within a 500-foot radius of each |
79 | sampling 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 |
82 | rehabilitation was initiated pursuant to s. 376.3071(5), s. |
83 | 376.3078(4), s. 376.81, or s. 376.30701, or an administrative or |
84 | court order and contact information for the person responsible |
85 | for site rehabilitation, the person's authorized agent, or |
86 | another representative of the person. |
87 | 2.(b) A listing of all record owners of any real property |
88 | owners, other than the property at which site rehabilitation was |
89 | initiated pursuant to s. 376.3071(5), s. 376.3078(4), s. 376.81, |
90 | or s. 376.30701, at which contamination has been discovered; the |
91 | parcel identification number for any such real property; the |
92 | owner's address listed in the current county property tax office |
93 | records; and the owner's telephone number. The requirements of |
94 | this paragraph do not apply to the notice to known tenants and |
95 | lessees of the source property. |
96 | 3.(c) Separate tables for by medium, such as groundwater, |
97 | soil, or surface water, or sediment, that list sampling |
98 | locations identified on the vicinity map as provided in |
99 | subparagraph 4.; sampling dates; names of contaminants detected |
100 | above cleanup target levels; their corresponding cleanup target |
101 | levels; the contaminant concentrations; and whether the cleanup |
102 | target level is based on health, nuisance, organoleptic, or |
103 | aesthetic concerns. |
104 | 4.(d) A vicinity map that shows each sampling location |
105 | with corresponding laboratory analytical results pursuant to |
106 | subparagraph 3. and the date on which the sample was collected |
107 | and that identifies the property boundaries of the property at |
108 | which site rehabilitation was initiated pursuant to s. |
109 | 376.3071(5), s. 376.3078(4), s. 376.81, or s. 376.30701, or an |
110 | administrative or court order and any the other properties at |
111 | which contamination has been discovered during such site |
112 | rehabilitation. |
113 | (c) The notice provided to local government officials |
114 | shall be mailed by certified mail, return receipt requested, and |
115 | shall advise the local government of its responsibilities under |
116 | subsection (3). Copies of the notices and receipts shall be |
117 | provided to the department as proof of compliance with this |
118 | subsection. |
119 | (d) The notice provided to real property owners, lessees, |
120 | and tenants may be delivered by certified mail, return receipt |
121 | requested, hand delivery, or door-hanger. Copies of the notices |
122 | and receipts, or a copy or sample of the hand-delivered notice |
123 | or door-hanger and a list of addresses to which the notice or |
124 | door-hanger was distributed, shall be provided to the department |
125 | as proof of compliance with this subsection. |
126 | (3) LOCAL GOVERNMENT'S NOTICE RESPONSIBILITIES.--Within 30 |
127 | days after receiving the actual notice required under subsection |
128 | (2), the local government shall mail a copy of the notice to the |
129 | president or comparable executive officer of each homeowners' |
130 | association or neighborhood association within the potentially |
131 | affected area as described in subsection (2). |
132 | (4)(3) DEPARTMENT'S NOTICE RESPONSIBILITIES.-- |
133 | (a) Within 30 days after receiving the actual notice |
134 | required under pursuant to subsection (2), or within 30 days of |
135 | the effective date of this act if the department already |
136 | possesses information equivalent to that required by the notice, |
137 | the department shall verify that the person responsible for site |
138 | rehabilitation has complied with the notice requirements of this |
139 | section send a copy of such notice, or an equivalent |
140 | notification, to all record owners of any real property, other |
141 | than the property at which site rehabilitation was initiated |
142 | pursuant to s. 376.3071(5), s. 376.3078(4), s. 376.81, or s. |
143 | 376.30701, at which contamination has been discovered. If the |
144 | person responsible for site rehabilitation has not complied with |
145 | the notice requirements of this section, the department may |
146 | pursue enforcement as provided under this chapter and chapter |
147 | 403. |
148 | (b) Within 60 days after receiving the actual notice |
149 | required under subsection (2), for sites conducting |
150 | rehabilitation activities pursuant to the risk-based corrective |
151 | action provisions found in s. 376.30701, the department shall |
152 | mail a copy of such notice to all real property owners at which |
153 | site rehabilitation is being conducted. |
154 | (c) If the property at which contamination has been |
155 | discovered is the site of a school as defined in s. 1003.01, the |
156 | department shall mail also send a copy of the notice to the |
157 | superintendent chair of the school board of the school district |
158 | in which the property is located and direct the superintendent |
159 | said school board to provide actual notice annually to teachers |
160 | and parents or guardians of students attending the school during |
161 | the period of site rehabilitation. |
162 | (d) If the property at which contamination has been |
163 | discovered is the site of a private K-12 school or a child care |
164 | facility as defined in s. 402.302, the department shall mail a |
165 | copy of the notice to the governing board, principal, or owner |
166 | of the school or child care facility and direct the governing |
167 | board, principal, or owner to provide actual notice annually to |
168 | teachers and parents or guardians of students or children |
169 | attending the school or child care facility during the period of |
170 | site rehabilitation. |
171 | (e) If any property within a 1-mile radius of the property |
172 | at which contamination has been discovered is the site of a |
173 | school as defined in s. 1003.01, the department shall mail a |
174 | copy of the notice to the superintendent of the school district |
175 | in which the property is located and direct the superintendent |
176 | to provide actual notice annually to the principal of the |
177 | school. |
178 | (f) Along with the copy of the notice or its equivalent, |
179 | the department shall include a letter identifying sources of |
180 | additional information about the contamination and a telephone |
181 | number to which further inquiries should be directed. The |
182 | department may collaborate with the Department of Health to |
183 | develop such sources of information and to establish procedures |
184 | for responding to public inquiries about health risks associated |
185 | with contaminated sites. |
186 | (5)(4) RULEMAKING AUTHORITY.--The department shall adopt |
187 | rules and forms pursuant to ss. 120.536(1) and 120.54 to |
188 | implement the requirements of this section. |
189 | Section 2. This act shall take effect July 1, 2009. |