Florida Senate - 2012 SB 866
By Senator Joyner
18-00034-12 2012866__
1 A bill to be entitled
2 An act relating to contamination notification;
3 amending s. 376.30702, F.S.; revising contamination
4 notification provisions; requiring that individuals
5 responsible for site rehabilitation provide notice of
6 certain information related to contamination and site
7 rehabilitation to specified entities; revising
8 provisions relating to the content of such notice;
9 requiring the Department of Environmental Protection
10 to provide notice of contamination to specified
11 entities and certain property owners; requiring the
12 department to verify compliance with notice
13 requirements; authorizing the department to pursue
14 enforcement measures for noncompliance with notice
15 requirements; revising the department’s contamination
16 notification requirements for certain public schools;
17 requiring the department to provide specified notice
18 to private K-12 schools and child care facilities;
19 requiring the department to provide specified notice
20 to public schools within a specified area; providing
21 notice requirements, including directives to extend
22 such notice to certain other persons; requiring local
23 governments to provide specified notice of
24 contamination; requiring that the local government and
25 the department recover notification costs from
26 responsible parties; providing a statement of
27 important state interest; providing an effective date.
28
29 Be It Enacted by the Legislature of the State of Florida:
30
31 Section 1. Section 376.30702, Florida Statutes, is amended
32 to read:
33 376.30702 Contamination notification.—
34 (1) FINDINGS; INTENT; APPLICABILITY.—The Legislature finds
35 and declares that when contamination is discovered by any person
36 as a result of site rehabilitation activities conducted pursuant
37 to the risk-based corrective action provisions found in s.
38 376.3071(5), s. 376.3078(4), s. 376.81, or s. 376.30701, or
39 pursuant to an administrative or court order, it is in the
40 public’s best interest that potentially affected persons be
41 notified of the existence of such contamination. Therefore,
42 persons discovering such contamination shall notify the
43 department and those identified under this section of the such
44 discovery in accordance with the requirements of this section,
45 and the department shall be responsible for notifying the
46 affected public. The Legislature intends that for the provisions
47 of this section to govern the notice requirements for early
48 notification of the discovery of contamination.
49 (2) INITIAL NOTICE OF CONTAMINATION BEYOND PROPERTY
50 BOUNDARIES.—
51 (a) If, at any time during site rehabilitation conducted
52 pursuant to s. 376.3071(5), s. 376.3078(4), s. 376.81, or s.
53 376.30701, or an administrative or court order, the person
54 responsible for site rehabilitation, the person’s authorized
55 agent, or another representative of the person discovers, from
56 laboratory analytical results that comply with appropriate
57 quality assurance protocols specified in department rules, that
58 contamination as defined in applicable department rules exists
59 in any groundwater, surface water, or soil medium beyond the
60 boundaries of the property at which site rehabilitation was
61 initiated pursuant to s. 376.3071(5), s. 376.3078(4), s. 376.81,
62 or s. 376.30701, the person responsible for site rehabilitation
63 shall give actual notice as soon as possible, but within no
64 later than 10 days after the from such discovery, to the
65 Division of Waste Management at the department’s Tallahassee
66 office. The actual notice must shall be provided on a form
67 adopted by department rule and mailed by certified mail, return
68 receipt requested. The person responsible for site
69 rehabilitation shall simultaneously provide mail a copy of the
70 such notice to the appropriate department district office and,
71 county health department, and all known lessees and tenants of
72 the source property.
73 (b) The notice must shall include the following
74 information:
75 1.(a) The location of the property at which site
76 rehabilitation was initiated pursuant to s. 376.3071(5), s.
77 376.3078(4), s. 376.81, or s. 376.30701 and the contact
78 information for the person responsible for site rehabilitation,
79 the person’s authorized agent, or another representative of the
80 person.
81 2.(b) A listing of all record owners of the any real
82 property, other than the property at which site rehabilitation
83 was initiated pursuant to s. 376.3071(5), s. 376.3078(4), s.
84 376.81, or s. 376.30701, at which contamination has been
85 discovered; the parcel identification number for any such real
86 property; the owner’s address listed in the current county
87 property tax office records; and the owner’s telephone number.
88 The requirements of this paragraph do not apply to the notice to
89 known tenants and lessees of the source property.
90 3.(c) Separate tables for by medium, such as groundwater,
91 soil, and surface water which, or sediment, that list the
92 sampling locations identified on the vicinity map described in
93 subparagraph 4.; the sampling dates; the names of contaminants
94 detected above cleanup target levels; their corresponding
95 cleanup target levels; the contaminant concentrations; and
96 whether the cleanup target level is based on health, nuisance,
97 organoleptic, or aesthetic concerns.
98 4.(d) A vicinity map that shows each sampling location with
99 corresponding laboratory analytical results described in
100 subparagraph 3. and the date on which the sample was collected
101 and that identifies the property boundaries of the property at
102 which site rehabilitation was initiated pursuant to s.
103 376.3071(5), s. 376.3078(4), s. 376.81, or s. 376.30701 and any
104 the other property properties at which contamination has been
105 discovered during such site rehabilitation. If available, a
106 contaminant plume map signed and sealed by a state-licensed
107 professional engineer or geologist may be included with the
108 vicinity map.
109 (3) DEPARTMENT’S NOTICE RESPONSIBILITIES.—
110 (a) After receiving the initial notice required under
111 subsection (2), the department shall notify the following
112 persons of the contamination:
113 1. The mayor, the chair of the county commission, or the
114 comparable senior elected official representing the affected
115 area.
116 2. The city manager, the county administrator, or the
117 comparable senior administrative official representing the
118 affected area.
119 3. The school district superintendent representing the
120 affected area.
121 4. The state senator, state representative, and United
122 States Representative representing the affected area and both
123 United States Senators.
124 5. All real property owners, presidents of any condominium
125 associations, or sole owners of condominiums, lessees, and
126 tenants of record for:
127 a. The property at which site rehabilitation is being
128 conducted, if different from the person responsible for site
129 rehabilitation;
130 b. Any property within a 500-foot radius of each sampling
131 point at which contamination is discovered if site
132 rehabilitation was initiated pursuant to s. 376.30701 or an
133 administrative or court order; and
134 c. Any property within a 250-foot radius of each sampling
135 point at which contamination is discovered or any property
136 identified on a contaminant plume map provided pursuant to
137 subparagraph (2)(b)4. if site rehabilitation was initiated
138 pursuant to s. 376.3071(5), s. 376.3078(4), or s. 376.81, or at
139 or in connection with a permitted solid waste management
140 facility subject to a groundwater monitoring plan.
141 (b) The notice provided to:
142 1. Local government officials shall be mailed by certified
143 mail, return receipt requested, and must advise the local
144 government of its responsibilities under subsection (4).
145 2. Real property owners, presidents of any condominium
146 associations, or sole owners of condominiums, lessees, and
147 tenants of record may be delivered by certified mail, return
148 receipt requested, first-class mail, hand delivery, or door
149 hanger.
150 (c) Within 30 days after receiving the initial actual
151 notice required under pursuant to subsection (2), or within 30
152 days of the effective date of this act if the department already
153 possesses information equivalent to that required by the notice,
154 the department shall verify that the person responsible for site
155 rehabilitation has complied with the notice requirements of this
156 section send a copy of such notice, or an equivalent
157 notification, to all record owners of any real property, other
158 than the property at which site rehabilitation was initiated
159 pursuant to s. 376.3071(5), s. 376.3078(4), s. 376.81, or s.
160 376.30701, at which contamination has been discovered. If the
161 person responsible for site rehabilitation has not complied with
162 the notice requirements, the department may pursue enforcement
163 as provided under this chapter and chapter 403.
164 (d)1. If the property at which contamination has been
165 discovered is the site of a school as defined in s. 1003.01, the
166 department shall mail also send a copy of the notice to the
167 superintendent chair of the school board of the school district
168 in which the property is located and direct the superintendent
169 said school board to provide actual notice annually to teachers
170 and parents or guardians of students attending the school during
171 the period of site rehabilitation.
172 2. If the property at which contamination has been
173 discovered is the site of a private K-12 school or a child care
174 facility as defined in s. 402.302, the department shall mail a
175 copy of the notice to the governing board, principal, or owner
176 of the school or child care facility and direct the governing
177 board, principal, or owner to provide actual notice annually to
178 teachers and parents or guardians of students or children
179 attending the school or child care facility during the period of
180 site rehabilitation.
181 3. After receiving the initial notice required under
182 subsection (2), if any property within a 500-foot radius of the
183 property at which contamination has been discovered during site
184 rehabilitation pursuant to s. 376.30701 or an administrative or
185 court order is the site of a school as defined in s. 1003.01,
186 the department shall mail a copy of the notice to the
187 superintendent of the school district in which the property is
188 located and direct the superintendent to provide actual notice
189 annually to the principal of the school.
190 4. After receiving the initial notice required under
191 subsection (2), if any property within a 250-foot radius of the
192 property at which contamination has been discovered during site
193 rehabilitation pursuant to s. 376.3071(5), s. 376.3078(4), or s.
194 376.81, or which is located at, or in connection with, a
195 permitted solid waste management facility subject to a
196 groundwater monitoring plan, is the site of a school as defined
197 in s. 1003.01, the department shall mail a copy of the notice to
198 the superintendent of the school district in which the property
199 is located and direct the superintendent to provide actual
200 notice annually to the principal of the school.
201 (e) Along with the copy of the notice or its equivalent,
202 the department shall include a letter identifying sources of
203 additional information about the contamination and a telephone
204 number to which further inquiries should be directed. The
205 department may collaborate with the Department of Health to
206 develop such sources of information and to establish procedures
207 for responding to public inquiries about health risks associated
208 with contaminated sites.
209 (4) LOCAL GOVERNMENT’S NOTICE RESPONSIBILITIES.—If contact
210 information is available, within 30 days after receiving notice
211 under subsection (3), the local government shall mail a copy of
212 the notice to the president or the equivalent officer of each
213 homeowners’ association or neighborhood association within the
214 potentially affected area described in subsection (3).
215 (5) RECOVERY OF NOTIFICATION COSTS.—The department and the
216 local government shall recover the costs of postage, materials,
217 and labor associated with providing notification from the
218 responsible party, unless site rehabilitation is eligible for
219 state-funded cleanup pursuant to the risk-based corrective
220 action provisions found in s. 376.3071(5) or s. 376.3078(4).
221 (6)(4) RULEMAKING AUTHORITY.—The department shall adopt
222 rules and forms pursuant to ss. 120.536(1) and 120.54 to
223 administer implement the requirements of this section.
224 Section 2. The Legislature finds that this act fulfills an
225 important state interest.
226 Section 3. This act shall take effect July 1, 2012.