HB 1385

1	A bill to be entitled
2	An act relating to petroleum contamination site cleanup;
3	amending s. 376.3071, F.S.; revising provisions relating
4	to petroleum contamination site selection and cleanup
5	criteria; deleting obsolete provisions relating to funding
6	for limited interim soil-source removals; requiring the
7	Department of Environmental Protection to utilize natural
8	attenuation monitoring strategies to transition sites into
9	long-term natural attenuation monitoring under specified
10	conditions; providing for natural attenuation and active
11	remediation of sites; requiring the department to evaluate
12	certain costs and strategies; prohibiting local
13	governments from denying development orders and permits on
14	the grounds that a property is contaminated; providing an
15	exception; establishing a low-scored site initiative;
16	providing conditions for participation; requiring the
17	department to issue certain determinations and orders;
18	providing that certain sites are eligible for payment of
19	preapproved costs; requiring assessment work to be
20	completed within a certain timeframe; providing payment
21	and funding limitations; deleting provisions relating to
22	nonreimbursable voluntary cleanup; providing an effective
23	date.
24
25	Be It Enacted by the Legislature of the State of Florida:
26
27	Section 1.  Paragraph (c) of subsection (5) and paragraph
28	(b) of subsection (11) of section 376.3071, Florida Statutes,
29	are amended to read:
30	376.3071  Inland Protection Trust Fund; creation; purposes;
31	funding.-
32	(5)  SITE SELECTION AND CLEANUP CRITERIA.-
33	(c)  The department shall require source removal, if
34	warranted and cost-effective, at each site eligible for
35	restoration funding from the Inland Protection Trust Fund.
36	1.  Funding for free product recovery may be provided in
37	advance of the order established by the priority ranking system
38	under paragraph (a) for site cleanup activities. However, a
39	separate prioritization for free product recovery shall be
40	established consistent with paragraph (a). No more than $5
41	million shall be encumbered from the Inland Protection Trust
42	Fund in any fiscal year for free product recovery conducted in
43	advance of the priority order under paragraph (a) established
44	for site cleanup activities.
45	2.  Funding for limited interim soil-source removals for
46	sites that will become inaccessible for future remediation due
47	to road infrastructure and right-of-way restrictions resulting
48	from a pending Department of Transportation road construction
49	project or for secondary containment upgrading of underground
50	storage tanks required under chapter 62-761, Florida
51	Administrative Code, may be provided in advance of the order
52	established by the priority ranking system under paragraph (a)
53	for site cleanup activities. The department shall provide
54	written guidance on the limited source removal information and
55	technical evaluation necessary to justify a request for a
56	limited source removal in advance of the priority order pursuant
57	to paragraph (a) established for site cleanup activities.
58	Prioritization for limited source removal projects associated
59	with a secondary containment upgrade in any fiscal year shall be
60	determined on a first-come, first-served basis according to the
61	approval date issued under s. 376.30711 for the limited source
62	removal. Funding for limited source removals associated with
63	secondary containment upgrades shall be limited to 10 sites in
64	each fiscal year for each facility owner and any related person.
65	The limited source removal for secondary containment upgrades
66	shall be completed no later than 6 months after the department
67	issues its approval of the project, and the approval
68	automatically expires at the end of the 6 months. Funding for
69	Department of Transportation and secondary containment upgrade
70	source removals may not exceed $50,000 for a single facility
71	unless the department makes a determination that it is cost-
72	effective and environmentally beneficial to exceed this amount,
73	but in no event shall the department authorize costs in excess
74	of $100,000 for a single facility. Department funding for
75	limited interim soil-source removals associated with Department
76	of Transportation projects and secondary containment upgrades
77	shall be limited to supplemental soil assessment, soil
78	screening, soil removal, backfill material, treatment or
79	disposal of the contaminated soil, dewatering related to the
80	contaminated soil removal in an amount of up to 10 percent of
81	the total interim soil-source removal project costs, treatment,
82	and disposal of the contaminated groundwater and preparation of
83	the source removal report. No other costs associated with the
84	facility upgrade may be paid with department funds. No more than
85	$1 million for Department of Transportation limited source
86	removal projects and $10 million for secondary containment
87	upgrade limited source removal projects conducted in advance of
88	the priority order established under paragraph (a) for site
89	cleanup activities shall be encumbered from the Inland
90	Protection Trust Fund in any fiscal year. This subparagraph is
91	repealed effective June 30, 2010.
92	2.3.  Once free product removal and other source removal
93	identified in this paragraph are completed at a site, and
94	notwithstanding the order established by the priority ranking
95	system under paragraph (a) for site cleanup activities, the
96	department may reevaluate the site to determine the degree of
97	active cleanup needed to continue site rehabilitation. Further,
98	the department shall determine if the reevaluated site qualifies
99	for natural attenuation monitoring, long-term natural
100	attenuation monitoring, or no further action. If additional site
101	rehabilitation is necessary to reach no further action status,
102	the site rehabilitation shall be conducted in the order
103	established by the priority ranking system under paragraph (a).
104	and The department shall is encouraged to utilize natural
105	attenuation and monitoring strategies and, when cost-effective,
106	transition sites eligible for restoration funding assistance to
107	long-term natural attenuation monitoring where the plume is
108	shrinking or stable and confined to the source property
109	boundaries and the petroleum products' chemicals of concern meet
110	the natural attenuation default concentrations, as defined by
111	department rule. If the plume migrates beyond the source
112	property boundaries, natural attenuation monitoring may be
113	conducted in accordance with department rule, or if the site no
114	longer qualifies for natural attenuation monitoring, active
115	remediation may be resumed. If the petroleum products' chemicals
116	of concern increase or are not significantly reduced after 42
117	months of monitoring, active remediation shall be resumed as
118	necessary. For sites undergoing active remediation, the
119	department shall evaluate the cost of natural attenuation
120	monitoring pursuant to s. 376.30711 to ensure that site
121	mobilizations are performed in a cost-effective manner. Sites
122	that are not eligible for state restoration funding may
123	transition to long-term natural attenuation monitoring using the
124	criteria in this subparagraph. Nothing in this subparagraph
125	precludes a site from pursuing a "No Further Action" order with
126	conditions where site conditions warrant.
127	3.  The department shall evaluate whether higher natural
128	attenuation default concentrations for natural attenuation
129	monitoring or long-term natural attenuation monitoring are cost-
130	effective and would adequately protect public health and the
131	environment. The department shall also evaluate site-specific
132	characteristics that would allow for higher natural attenuation
133	or long-term natural attenuation concentration levels.
134	4.  Unless institutional controls have been imposed by the
135	responsible party or property owner to restrict the uses of the
136	site, a local government may not deny a development order or
137	other permit on the grounds that petroleum contamination exists
138	onsite.
139	(11)
140	(b)  Low-scored site initiative Nonreimbursable voluntary
141	cleanup.-Notwithstanding s. 376.30711, any site For sites with
142	releases reported prior to January 1, 1995, the department shall
143	issue a determination of "No Further Action" at sites ranked
144	with a total priority ranking score of 10 points or less may
145	voluntarily participate in the low-scored site initiative,
146	whether or not the site is eligible for state restoration
147	funding.
148	1.  To participate in the low-scored site initiative, the
149	responsible party or property owner must affirmatively
150	demonstrate that, which meet the following conditions are met:
151	a.1.  Upon reassessment pursuant to department rule, the
152	site retains a priority ranking score of 10 points or less No
153	free product exists in wells, boreholes, subsurface utility
154	conduits, or vaults or buildings and no other fire or explosion
155	hazard exists as a result of a release of petroleum products.
156	b.2.  No excessively contaminated soil, as defined by
157	department rule, exists onsite as a result of a release of
158	petroleum products.
159	c.3.  A minimum of 6 months of groundwater monitoring
160	indicates that the plume is shrinking or stable Public supply
161	wells for consumptive use of water expected to be affected by
162	the site shall not be located within a 1/2-mile radius of the
163	site; private supply wells for consumptive use of water expected
164	to be affected by the site shall not be located within a 1/4-
165	mile radius of the site; and there must be no current or
166	projected consumptive use of the water affected by the site for
167	at least the following 3 years. Where appropriate, institutional
168	controls meeting the requirements of subparagraph (5)(b)4. may
169	be required by the department to meet these criteria.
170	d.4.  The release of petroleum products at the site does
171	shall not adversely affect adjacent surface waters, including
172	their effects on human health and the environment.
173	e.5.  The area of groundwater containing the petroleum
174	products' chemicals of concern in concentrations greater than
175	the boundary values defined in subparagraph 7. is less than one-
176	quarter acre and is confined to the source property boundaries
177	of the real property on which the discharge originated.
178	f.6.  Soils onsite that are subject to human exposure found
179	between land surface and 2 feet below land surface shall meet
180	the soil cleanup target levels criteria established by
181	department rule or human exposure is limited by pursuant to sub-
182	subparagraph (5)(b)9.a. Where appropriate, institutional or
183	engineering controls meeting the requirements of subparagraph
184	(5)(b)4. may be required by the department to meet these
185	criteria.
186	2.  Upon affirmative demonstration of the conditions under
187	subparagraph 1., the department shall issue a determination of
188	"No Further Action." Such determination acknowledges that
189	minimal contamination exists onsite and that such contamination
190	is not a threat to human health or the environment. If no
191	contamination is detected, the department may issue a site
192	rehabilitation completion order.
193	3.  Sites that are eligible for state restoration funding
194	may receive payment of preapproved costs for the low-scored site
195	initiative as follows:
196	a.  A responsible party or property owner may submit an
197	assessment plan designed to affirmatively demonstrate that the
198	site meets the conditions under subparagraph 1. Notwithstanding
199	the priority ranking score of the site, the department may
200	preapprove the cost of the assessment pursuant to s. 376.30711,
201	including 6 months of groundwater monitoring, not to exceed
202	$30,000 for each site. The department may not pay the costs
203	associated with the establishment of institutional or
204	engineering controls.
205	b.  The assessment work shall be completed no later than 6
206	months after the department issues its approval.
207	c.  No more than $10 million for the low-scored site
208	initiative shall be encumbered from the Inland Protection Trust
209	Fund in any fiscal year. Funds shall be made available on a
210	first-come, first-served basis and shall be limited to 10 sites
211	in each fiscal year for each responsible party or property
212	owner.
213	7.  Concentrations of the petroleum products' chemicals of
214	concern in groundwater at the property boundary of the real
215	property on which the petroleum contamination originates shall
216	not exceed the criteria established pursuant to sub-subparagraph
217	(5)(b)7.a. Where appropriate, institutional or engineering
218	controls meeting the requirements of subparagraph (5)(b)4. may
219	be required by the department to meet these criteria.
220	8.  The department is authorized to establish alternate
221	cleanup target levels for onsite nonboundary wells pursuant to
222	the criteria in subparagraph (5)(b)8.
223	9.  A scientific evaluation that demonstrates that the
224	boundary criteria in subparagraph 7. will not be exceeded and a
225	1-year site-specific groundwater monitoring plan approved in
226	advance by the department validates the scientific evaluation.
227	If the boundary criteria in subparagraph 7. are exceeded at any
228	time, the department may order an extension of the monitoring
229	period for up to 12 additional months from the time of the
230	excess reading. The department shall determine the adequacy of
231	the groundwater monitoring system at a site. All wells required
232	by the department pursuant to this paragraph shall be installed
233	before the monitoring period begins.
234	10.  Costs associated with activities performed pursuant to
235	this paragraph for sites which qualify for a determination of
236	"No Further Action" under this paragraph shall not be
237	reimbursable from the Inland Protection Trust Fund.
238	Section 2.  This act shall take effect July 1, 2010.

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