CS/HB 1229

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 and the Department of Environmental
6	Protection to provide notice of site rehabilitation to
7	specified entities and parties; providing an exemption;
8	revising provisions relating to the content and delivery
9	of such notice; requiring local governments to provide
10	specified notice of site rehabilitation; requiring the
11	department to verify compliance with notice requirements;
12	authorizing the department to pursue enforcement measures
13	for noncompliance with notice requirements; revising the
14	department's contamination notification requirements for
15	certain public schools; requiring the department to
16	provide specified notice to private K-12 schools and child
17	care facilities; requiring the department to provide
18	specified notice to public schools within a specified
19	area; providing notice requirements, including directives
20	to extend such notice to certain other persons; requiring
21	the department to recover notification costs from
22	responsible parties; providing an effective date.
23
24	Be It Enacted by the Legislature of the State of Florida:
25
26	Section 1.  Section 376.30702, Florida Statutes, is amended
27	to read:
28	376.30702  Contamination notification.--
29	(1)  FINDINGS; INTENT; APPLICABILITY.--The Legislature
30	finds and declares that when contamination is discovered by any
31	person as a result of site rehabilitation activities conducted
32	pursuant to the risk-based corrective action provisions found in
33	s. 376.3071(5), s. 376.3078(4), s. 376.81, or s. 376.30701, or
34	pursuant to an administrative or court order, it is in the
35	public's best interest that potentially affected persons be
36	notified of the existence of such contamination. Therefore,
37	persons discovering such contamination shall notify the
38	department and those identified under this section of such
39	discovery in accordance with the requirements of this section,
40	and the department shall be responsible for notifying the
41	affected public. The Legislature intends for the provisions of
42	this section to govern the notice requirements for early
43	notification of the discovery of contamination. The notification
44	requirements in this section shall not apply to de minimis
45	discharges as defined in department rules.
46	(2)(a)  INITIAL NOTICE OF CONTAMINATION BEYOND PROPERTY
47	BOUNDARIES.--If at any time during site rehabilitation conducted
48	pursuant to s. 376.3071(5), s. 376.3078(4), s. 376.81, or s.
49	376.30701, or an administrative or court order the person
50	responsible for site rehabilitation, the person's authorized
51	agent, or another representative of the person discovers from
52	laboratory analytical results that comply with appropriate
53	quality assurance protocols specified in department rules that
54	contamination as defined in applicable department rules exists
55	in any groundwater, surface water, and soil medium beyond the
56	boundaries of the property at which site rehabilitation was
57	initiated pursuant to s. 376.3071(5), s. 376.3078(4), s. 376.81,
58	or s. 376.30701 and which threatens a release of such
59	contamination beyond the boundaries of such property or poses a
60	health risk to persons beyond the boundaries of such property,
61	the person responsible for site rehabilitation shall give actual
62	notice as soon as possible, but no later than 10 days from such
63	discovery, to the Division of Waste Management at the
64	department's Tallahassee office. The actual notice shall be
65	provided on a form adopted by department rule and mailed by
66	certified mail, return receipt requested.
67	1.  The person responsible for site rehabilitation shall
68	simultaneously provide mail a copy of such notice to:
69	a.  The appropriate department district office; and,
70	b.  The appropriate county health department.,
71	2.  After receipt of a notice of contamination from a
72	person responsible for site rehabilitation, the department shall
73	notify the following persons of such contamination:
74	a.  The mayor, the chair of the county commission, or the
75	comparable senior elected official representing the affected
76	area;
77	b.  The city manager, the county administrator, or the
78	comparable senior administrative official representing the
79	affected area;
80	c.  The state senator, state representative, and United
81	States Representative representing the affected area and both
82	United States Senators; and
83	d.  All real property owners, presidents and board members
84	of any condominium associations or sole owners of condominiums,
85	known lessees, and tenants of record of the source property at
86	which site rehabilitation is being conducted, if different from
87	the person responsible for site rehabilitation, and all real
88	property owners, presidents and board members of any condominium
89	associations or sole owners of condominiums, lessees, and
90	tenants of record of any properties within a 500-foot radius of
91	each sampling point at which contamination is discovered.
92
93	Persons responsible for site rehabilitation pursuant to the
94	risk-based corrective action provisions found in ss. 376.3071,
95	376.3078, and 376.81 are exempt from the notice requirements in
96	this subparagraph.
97	(b)  The notice shall include the following information:
98	1.(a)  The location of the property at which site
99	rehabilitation was initiated pursuant to s. 376.3071(5), s.
100	376.3078(4), s. 376.81, or s. 376.30701, or an administrative or
101	court order and contact information for the person responsible
102	for site rehabilitation, the person's authorized agent, or
103	another representative of the person.
104	2.(b)  A listing of all record owners of any real property,
105	other than the property at which site rehabilitation was
106	initiated pursuant to s. 376.3071(5), s. 376.3078(4), s. 376.81,
107	or s. 376.30701, at which contamination has been discovered; the
108	parcel identification number for any such real property; the
109	owner's address listed in the current county property tax office
110	records; and the owner's telephone number. The requirements of
111	this paragraph do not apply to the notice to known tenants and
112	lessees of the source property.
113	3.(c)  Separate tables for by medium, such as groundwater,
114	soil, and surface water which, or sediment, that list sampling
115	locations identified on the vicinity map as provided in
116	subparagraph 4.; sampling dates; names of contaminants detected
117	above cleanup target levels; their corresponding cleanup target
118	levels; the contaminant concentrations; and whether the cleanup
119	target level is based on health, nuisance, organoleptic, or
120	aesthetic concerns.
121	4.(d)  A vicinity map that shows each sampling location
122	with corresponding laboratory analytical results pursuant to
123	subparagraph 3. and the date on which the sample was collected
124	and that identifies the property boundaries of the property at
125	which site rehabilitation was initiated pursuant to s.
126	376.3071(5), s. 376.3078(4), s. 376.81, or s. 376.30701, or an
127	administrative or court order and any the other properties at
128	which contamination has been discovered during such site
129	rehabilitation.
130	(c)  The notice provided to local government officials
131	shall be mailed by certified mail, return receipt requested, and
132	shall advise the local government of its responsibilities under
133	subsection (3).
134	(d)  The notice provided to real property owners,
135	presidents and board members of any condominium associations or
136	sole owners of condominiums, lessees, and tenants of record may
137	be delivered by certified mail, return receipt requested, hand
138	delivery, or door-hanger.
139	(3)  LOCAL GOVERNMENT'S NOTICE RESPONSIBILITIES.--Within 30
140	days after receiving the actual notice required under subsection
141	(2), the local government shall mail a copy of the notice to the
142	president or comparable executive officer of each homeowners'
143	association or neighborhood association within the potentially
144	affected area as described in subsection (2).
145	(4)(3)  DEPARTMENT'S NOTICE RESPONSIBILITIES.--
146	(a)  Within 30 days after receiving the actual notice
147	required under pursuant to subsection (2), or within 30 days of
148	the effective date of this act if the department already
149	possesses information equivalent to that required by the notice,
150	the department shall verify that the person responsible for site
151	rehabilitation has complied with the notice requirements of this
152	section send a copy of such notice, or an equivalent
153	notification, to all record owners of any real property, other
154	than the property at which site rehabilitation was initiated
155	pursuant to s. 376.3071(5), s. 376.3078(4), s. 376.81, or s.
156	376.30701, at which contamination has been discovered. If the
157	person responsible for site rehabilitation has not complied with
158	the notice requirements of this section, the department may
159	pursue enforcement as provided under this chapter and chapter
160	403.
161	(b)  If the property at which contamination has been
162	discovered is the site of a school as defined in s. 1003.01, the
163	department shall mail also send a copy of the notice to the
164	superintendent chair of the school board of the school district
165	in which the property is located and direct the superintendent
166	said school board to provide actual notice annually to teachers
167	and parents or guardians of students attending the school during
168	the period of site rehabilitation.
169	(c)  If the property at which contamination has been
170	discovered is the site of a private K-12 school or a child care
171	facility as defined in s. 402.302, the department shall mail a
172	copy of the notice to the governing board, principal, or owner
173	of the school or child care facility and direct the governing
174	board, principal, or owner to provide actual notice annually to
175	teachers and parents or guardians of students or children
176	attending the school or child care facility during the period of
177	site rehabilitation.
178	(d)  If any property within a 1-mile radius of the property
179	at which contamination has been discovered is the site of a
180	school as defined in s. 1003.01, the department shall mail a
181	copy of the notice to the superintendent of the school district
182	in which the property is located and direct the superintendent
183	to provide actual notice annually to the principal of the
184	school. This paragraph does not apply to those sites at which
185	site rehabilitation was initiated pursuant to s. 376.3071, s.
186	376.3078, or s. 376.81.
187	(e)  Along with the copy of the notice or its equivalent,
188	the department shall include a letter identifying sources of
189	additional information about the contamination and a telephone
190	number to which further inquiries should be directed. The
191	department may collaborate with the Department of Health to
192	develop such sources of information and to establish procedures
193	for responding to public inquiries about health risks associated
194	with contaminated sites.
195	(5)(4)  RULEMAKING AUTHORITY; RECOVERY OF COSTS OF
196	NOTIFICATION.--The department shall adopt rules and forms
197	pursuant to ss. 120.536(1) and 120.54 to implement the
198	requirements of this section and shall recover all costs
199	associated with notification from the responsible party.
200	Section 2.  This act shall take effect July 1, 2009.

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