CS/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 building permits under specified
14	conditions; providing requirements for such permits and
15	related construction, repairs, and renovations;
16	establishing a low-scored site initiative; providing
17	conditions for participation; requiring the department to
18	issue certain determinations and orders; providing that
19	certain sites are eligible for payment of preapproved
20	costs; requiring assessment work to be completed within a
21	certain timeframe; providing payment and funding
22	limitations; deleting provisions relating to
23	nonreimbursable voluntary cleanup; providing an effective
24	date.
25
26	Be It Enacted by the Legislature of the State of Florida:
27
28	Section 1.  Paragraph (c) of subsection (5) and paragraph
29	(b) of subsection (11) of section 376.3071, Florida Statutes,
30	are amended to read:
31	376.3071  Inland Protection Trust Fund; creation; purposes;
32	funding.-
33	(5)  SITE SELECTION AND CLEANUP CRITERIA.-
34	(c)  The department shall require source removal, if
35	warranted and cost-effective, at each site eligible for
36	restoration funding from the Inland Protection Trust Fund.
37	1.  Funding for free product recovery may be provided in
38	advance of the order established by the priority ranking system
39	under paragraph (a) for site cleanup activities. However, a
40	separate prioritization for free product recovery shall be
41	established consistent with paragraph (a). No more than $5
42	million shall be encumbered from the Inland Protection Trust
43	Fund in any fiscal year for free product recovery conducted in
44	advance of the priority order under paragraph (a) established
45	for site cleanup activities.
46	2.  Funding for limited interim soil-source removals for
47	sites that will become inaccessible for future remediation due
48	to road infrastructure and right-of-way restrictions resulting
49	from a pending Department of Transportation road construction
50	project or for secondary containment upgrading of underground
51	storage tanks required under chapter 62-761, Florida
52	Administrative Code, may be provided in advance of the order
53	established by the priority ranking system under paragraph (a)
54	for site cleanup activities. The department shall provide
55	written guidance on the limited source removal information and
56	technical evaluation necessary to justify a request for a
57	limited source removal in advance of the priority order pursuant
58	to paragraph (a) established for site cleanup activities.
59	Prioritization for limited source removal projects associated
60	with a secondary containment upgrade in any fiscal year shall be
61	determined on a first-come, first-served basis according to the
62	approval date issued under s. 376.30711 for the limited source
63	removal. Funding for limited source removals associated with
64	secondary containment upgrades shall be limited to 10 sites in
65	each fiscal year for each facility owner and any related person.
66	The limited source removal for secondary containment upgrades
67	shall be completed no later than 6 months after the department
68	issues its approval of the project, and the approval
69	automatically expires at the end of the 6 months. Funding for
70	Department of Transportation and secondary containment upgrade
71	source removals may not exceed $50,000 for a single facility
72	unless the department makes a determination that it is cost-
73	effective and environmentally beneficial to exceed this amount,
74	but in no event shall the department authorize costs in excess
75	of $100,000 for a single facility. Department funding for
76	limited interim soil-source removals associated with Department
77	of Transportation projects and secondary containment upgrades
78	shall be limited to supplemental soil assessment, soil
79	screening, soil removal, backfill material, treatment or
80	disposal of the contaminated soil, dewatering related to the
81	contaminated soil removal in an amount of up to 10 percent of
82	the total interim soil-source removal project costs, treatment,
83	and disposal of the contaminated groundwater and preparation of
84	the source removal report. No other costs associated with the
85	facility upgrade may be paid with department funds. No more than
86	$1 million for Department of Transportation limited source
87	removal projects and $10 million for secondary containment
88	upgrade limited source removal projects conducted in advance of
89	the priority order established under paragraph (a) for site
90	cleanup activities shall be encumbered from the Inland
91	Protection Trust Fund in any fiscal year. This subparagraph is
92	repealed effective June 30, 2010.
93	2.3.  Once free product removal and other source removal
94	identified in this paragraph are completed at a site, and
95	notwithstanding the order established by the priority ranking
96	system under paragraph (a) for site cleanup activities, the
97	department may reevaluate the site to determine the degree of
98	active cleanup needed to continue site rehabilitation. Further,
99	the department shall determine if the reevaluated site qualifies
100	for natural attenuation monitoring, long-term natural
101	attenuation monitoring, or no further action. If additional site
102	rehabilitation is necessary to reach no further action status,
103	the site rehabilitation shall be conducted in the order
104	established by the priority ranking system under paragraph (a).
105	and The department shall is encouraged to utilize natural
106	attenuation and monitoring strategies and, when cost-effective,
107	transition sites eligible for restoration funding assistance to
108	long-term natural attenuation monitoring where the plume is
109	shrinking or stable and confined to the source property
110	boundaries and the petroleum products' chemicals of concern meet
111	the natural attenuation default concentrations, as defined by
112	department rule. If the plume migrates beyond the source
113	property boundaries, natural attenuation monitoring may be
114	conducted in accordance with department rule, or if the site no
115	longer qualifies for natural attenuation monitoring, active
116	remediation may be resumed. For long-term natural attenuation
117	monitoring, if the petroleum products' chemicals of concern
118	increase or are not significantly reduced after 42 months of
119	monitoring, or if the plume migrates beyond the property
120	boundaries, active remediation shall be resumed as necessary.
121	For sites undergoing active remediation, the department shall
122	template the cost of natural attenuation monitoring pursuant to
123	s. 376.30711 to ensure that site mobilizations are performed in
124	a cost-effective manner. Sites that are not eligible for state
125	restoration funding may transition to long-term natural
126	attenuation monitoring using the criteria in this subparagraph.
127	Nothing in this subparagraph precludes a site from pursuing a
128	"No Further Action" order with conditions where site conditions
129	warrant.
130	3.  The department shall evaluate whether higher natural
131	attenuation default concentrations for natural attenuation
132	monitoring or long-term natural attenuation monitoring are cost-
133	effective and would adequately protect public health and the
134	environment. The department shall also evaluate site-specific
135	characteristics that would allow for higher natural attenuation
136	or long-term natural attenuation concentration levels.
137	4.  A local government may not deny a building permit based
138	solely on the presence of petroleum contamination for any
139	construction, repairs, or renovations performed in conjunction
140	with tank upgrade activities to an existing retail fuel facility
141	if the facility was fully operational before the building permit
142	was requested and if the construction, repair, or renovation is
143	performed by a licensed contractor. All building permits and any
144	construction, repairs, or renovations performed in conjunction
145	with such permits must comply with the applicable provisions of
146	chapters 489 and 553.
147	(11)
148	(b)  Low-scored site initiative Nonreimbursable voluntary
149	cleanup.-Notwithstanding s. 376.30711, any site For sites with
150	releases reported prior to January 1, 1995, the department shall
151	issue a determination of "No Further Action" at sites ranked
152	with a total priority ranking score of 10 points or less may
153	voluntarily participate in the low-scored site initiative,
154	whether or not the site is eligible for state restoration
155	funding.
156	1.  To participate in the low-scored site initiative, the
157	responsible party or property owner must affirmatively
158	demonstrate that, which meet the following conditions are met:
159	a.1.  Upon reassessment pursuant to department rule, the
160	site retains a priority ranking score of 10 points or less No
161	free product exists in wells, boreholes, subsurface utility
162	conduits, or vaults or buildings and no other fire or explosion
163	hazard exists as a result of a release of petroleum products.
164	b.2.  No excessively contaminated soil, as defined by
165	department rule, exists onsite as a result of a release of
166	petroleum products.
167	c.3.  A minimum of 6 months of groundwater monitoring
168	indicates that the plume is shrinking or stable Public supply
169	wells for consumptive use of water expected to be affected by
170	the site shall not be located within a 1/2-mile radius of the
171	site; private supply wells for consumptive use of water expected
172	to be affected by the site shall not be located within a 1/4-
173	mile radius of the site; and there must be no current or
174	projected consumptive use of the water affected by the site for
175	at least the following 3 years. Where appropriate, institutional
176	controls meeting the requirements of subparagraph (5)(b)4. may
177	be required by the department to meet these criteria.
178	d.4.  The release of petroleum products at the site does
179	shall not adversely affect adjacent surface waters, including
180	their effects on human health and the environment.
181	e.5.  The area of groundwater containing the petroleum
182	products' chemicals of concern in concentrations greater than
183	the boundary values defined in subparagraph 7. is less than one-
184	quarter acre and is confined to the source property boundaries
185	of the real property on which the discharge originated.
186	f.6.  Soils onsite that are subject to human exposure found
187	between land surface and 2 feet below land surface shall meet
188	the soil cleanup target levels criteria established by
189	department rule or human exposure is limited by pursuant to sub-
190	subparagraph (5)(b)9.a. Where appropriate, institutional or
191	engineering controls meeting the requirements of subparagraph
192	(5)(b)4. may be required by the department to meet these
193	criteria.
194	2.  Upon affirmative demonstration of the conditions under
195	subparagraph 1., the department shall issue a determination of
196	"No Further Action." Such determination acknowledges that
197	minimal contamination exists onsite and that such contamination
198	is not a threat to human health or the environment. If no
199	contamination is detected, the department may issue a site
200	rehabilitation completion order.
201	3.  Sites that are eligible for state restoration funding
202	may receive payment of preapproved costs for the low-scored site
203	initiative as follows:
204	a.  A responsible party or property owner may submit an
205	assessment plan designed to affirmatively demonstrate that the
206	site meets the conditions under subparagraph 1. Notwithstanding
207	the priority ranking score of the site, the department may
208	preapprove the cost of the assessment pursuant to s. 376.30711,
209	including 6 months of groundwater monitoring, not to exceed
210	$30,000 for each site. The department may not pay the costs
211	associated with the establishment of institutional or
212	engineering controls.
213	b.  The assessment work shall be completed no later than 6
214	months after the department issues its approval.
215	c.  No more than $10 million for the low-scored site
216	initiative shall be encumbered from the Inland Protection Trust
217	Fund in any fiscal year. Funds shall be made available on a
218	first-come, first-served basis and shall be limited to 10 sites
219	in each fiscal year for each responsible party or property
220	owner.
221	7.  Concentrations of the petroleum products' chemicals of
222	concern in groundwater at the property boundary of the real
223	property on which the petroleum contamination originates shall
224	not exceed the criteria established pursuant to sub-subparagraph
225	(5)(b)7.a. Where appropriate, institutional or engineering
226	controls meeting the requirements of subparagraph (5)(b)4. may
227	be required by the department to meet these criteria.
228	8.  The department is authorized to establish alternate
229	cleanup target levels for onsite nonboundary wells pursuant to
230	the criteria in subparagraph (5)(b)8.
231	9.  A scientific evaluation that demonstrates that the
232	boundary criteria in subparagraph 7. will not be exceeded and a
233	1-year site-specific groundwater monitoring plan approved in
234	advance by the department validates the scientific evaluation.
235	If the boundary criteria in subparagraph 7. are exceeded at any
236	time, the department may order an extension of the monitoring
237	period for up to 12 additional months from the time of the
238	excess reading. The department shall determine the adequacy of
239	the groundwater monitoring system at a site. All wells required
240	by the department pursuant to this paragraph shall be installed
241	before the monitoring period begins.
242	10.  Costs associated with activities performed pursuant to
243	this paragraph for sites which qualify for a determination of
244	"No Further Action" under this paragraph shall not be
245	reimbursable from the Inland Protection Trust Fund.
246	Section 2.  This act shall take effect July 1, 2010.

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