Florida Senate - 2015 SB 314
By Senator Simpson
18-00245A-15 2015314__
1 A bill to be entitled
2 An act relating to the Petroleum Restoration Program;
3 amending s. 376.305, F.S.; expanding the definition of
4 “abandoned petroleum storage system” to include
5 petroleum systems that stored petroleum products
6 during a certain timeframe; amending s. 376.30701,
7 F.S.; requiring the Department of Environmental
8 Protection to establish standards and criteria for
9 specific situations in which the national standard for
10 benzene applies; amending s. 376.3071, F.S.; removing
11 the requirement for the department to incorporate
12 risk-based corrective action principles in certain
13 rule criteria; prohibiting site rehabilitation from
14 being implemented on certain sites without the
15 approval of the site owner or the person responsible
16 for the site rehabilitation; requiring the department
17 to establish by rule a procedure for the processing of
18 certain invoices; requiring the department to
19 establish rules requiring work tasks for remediation
20 systems to be based on performance-based contracts;
21 authorizing site owners and operators to select a
22 contractor under certain circumstances; clarifying
23 that a change in ownership does not preclude a site
24 from entering into the program; revising the
25 eligibility requirements for receiving rehabilitation
26 funding assistance; deleting obsolete provisions;
27 amending s. 376.30713, F.S.; revising the number of
28 sites necessary to meet the eligibility requirement
29 for an advanced cleanup application; increasing the
30 total amount for which the department may contract for
31 advanced cleanup work in a fiscal year; providing an
32 effective date.
33
34 Be It Enacted by the Legislature of the State of Florida:
35
36 Section 1. Subsection (6) of section 376.305, Florida
37 Statutes, is amended to read:
38 376.305 Removal of prohibited discharges.—
39 (6) The Legislature created the Abandoned Tank Restoration
40 Program in response to the need to provide financial assistance
41 for cleanup of sites that have abandoned petroleum storage
42 systems. For purposes of this subsection, the term “abandoned
43 petroleum storage system” means a petroleum storage system that
44 has not stored petroleum products for consumption, use, or sale
45 since January 1, 1999 March 1, 1990. The department shall
46 establish the Abandoned Tank Restoration Program to facilitate
47 the restoration of sites contaminated by abandoned petroleum
48 storage systems.
49 (a) To be included in the program:
50 1. An application must be submitted to the department by
51 June 30, 1996, certifying that the system has not stored
52 petroleum products for consumption, use, or sale at the facility
53 since January 1, 1999 March 1, 1990.
54 2. The owner or operator of the petroleum storage system
55 when it was in service must have ceased conducting business
56 involving consumption, use, or sale of petroleum products at
57 that facility on or before January 1, 1999 March 1, 1990.
58 3. The site is not otherwise eligible for the cleanup
59 programs pursuant to s. 376.3071 or s. 376.3072.
60 (b) In order to be eligible for the program, petroleum
61 storage systems from which a discharge occurred must be closed
62 pursuant to department rules before an eligibility
63 determination. However, if the department determines that the
64 owner of the facility cannot financially comply with the
65 department’s petroleum storage system closure requirements and
66 all other eligibility requirements are met, the petroleum
67 storage system closure requirements shall be waived. The
68 department shall take into consideration the owner’s net worth
69 and the economic impact on the owner in making the determination
70 of the owner’s financial ability. The June 30, 1996, application
71 deadline shall be waived for owners who cannot financially
72 comply.
73 (c) Sites accepted in the program are eligible for site
74 rehabilitation funding as provided in s. 376.3071.
75 (d) The following sites are excluded from eligibility:
76 1. Sites on property of the Federal Government;
77 2. Sites contaminated by pollutants that are not petroleum
78 products;
79 3. Sites where the department has been denied site access;
80 or
81 4. Sites which are owned by a person who had knowledge of
82 the polluting condition when title was acquired unless the
83 person acquired title to the site after issuance of a notice of
84 site eligibility by the department.
85 (e) Participating sites are subject to a deductible as
86 determined by rule, not to exceed $10,000.
87
88 This subsection does not relieve a person who has acquired title
89 after July 1, 1992, from the duty to establish by a
90 preponderance of the evidence that he or she undertook, at the
91 time of acquisition, all appropriate inquiry into the previous
92 ownership and use of the property consistent with good
93 commercial or customary practice in an effort to minimize
94 liability, as required by s. 376.308(1)(c).
95 Section 2. Paragraph (g) of subsection (2) of section
96 376.30701, Florida Statutes, is amended to read:
97 376.30701 Application of risk-based corrective action
98 principles to contaminated sites; applicability; legislative
99 intent; rulemaking authority; contamination cleanup criteria;
100 limitations; reopeners.—
101 (2) INTENT; RULEMAKING AUTHORITY; CLEANUP CRITERIA.—It is
102 the intent of the Legislature to protect the health of all
103 people under actual circumstances of exposure. By July 1, 2004,
104 the secretary of the department shall establish criteria by rule
105 for the purpose of determining, on a site-specific basis, the
106 rehabilitation program tasks that comprise a site rehabilitation
107 program, including a voluntary site rehabilitation program, and
108 the level at which a rehabilitation program task and a site
109 rehabilitation program may be deemed completed. In establishing
110 these rules, the department shall apply, to the maximum extent
111 feasible, a risk-based corrective action process to achieve
112 protection of human health and safety and the environment in a
113 cost-effective manner based on the principles set forth in this
114 subsection. These rules shall prescribe a phased risk-based
115 corrective action process that is iterative and that tailors
116 site rehabilitation tasks to site-specific conditions and risks.
117 The department and the person responsible for site
118 rehabilitation are encouraged to establish decision points at
119 which risk management decisions will be made. The department
120 shall provide an early decision, when requested, regarding
121 applicable exposure factors and a risk management approach based
122 on the current and future land use at the site. These rules
123 shall also include protocols for the use of natural attenuation,
124 the use of institutional and engineering controls, and the
125 issuance of “No Further Action” orders. The criteria for
126 determining what constitutes a rehabilitation program task or
127 completion of a site rehabilitation program task or site
128 rehabilitation program, including a voluntary site
129 rehabilitation program, must:
130 (g) Apply state water quality standards as follows:
131 1. Cleanup target levels for each contaminant found in
132 groundwater shall be the applicable state water quality
133 standards. Where such standards do not exist, the cleanup target
134 levels for groundwater shall be based on the minimum criteria
135 specified in department rule. The department shall apply the
136 following, as appropriate, in establishing the applicable
137 cleanup target levels: calculations using a lifetime cancer risk
138 level of 1.0E-6; a hazard index of 1 or less; the best
139 achievable detection limit; and nuisance, organoleptic, and
140 aesthetic considerations. The department shall establish
141 standards and criteria for specific situations in which the
142 national standard of 5 parts per billion (ppb) for benzene is
143 applicable. However, the department shall not require site
144 rehabilitation to achieve a cleanup target level for any
145 individual contaminant that is more stringent than the site
146 specific, naturally occurring background concentration for that
147 contaminant.
148 2. Where surface waters are exposed to contaminated
149 groundwater, the cleanup target levels for the contaminants
150 shall be based on the more protective of the groundwater or
151 surface water standards as established by department rule. The
152 point of measuring compliance with the surface water standards
153 shall be in the groundwater immediately adjacent to the surface
154 water body.
155 3. Using risk-based corrective action principles, the
156 department shall approve alternative cleanup target levels in
157 conjunction with institutional and engineering controls, if
158 needed, based upon an applicant’s demonstration, using site
159 specific data, modeling results, risk assessment studies, risk
160 reduction techniques, or a combination thereof, that human
161 health, public safety, and the environment are protected to the
162 same degree as provided in subparagraphs 1. and 2. Where a state
163 water quality standard is applicable, a deviation may not result
164 in the application of cleanup target levels more stringent than
165 the standard. In determining whether it is appropriate to
166 establish alternative cleanup target levels at a site, the
167 department must consider the effectiveness of source removal, if
168 any, that has been completed at the site and the practical
169 likelihood of the use of low yield or poor quality groundwater,
170 the use of groundwater near marine surface water bodies, the
171 current and projected use of the affected groundwater in the
172 vicinity of the site, or the use of groundwater in the immediate
173 vicinity of the contaminated area, where it has been
174 demonstrated that the groundwater contamination is not migrating
175 away from such localized source, provided human health, public
176 safety, and the environment are protected. Groundwater resource
177 protection remains the ultimate goal of cleanup, particularly in
178 light of the state’s continued growth and consequent demands for
179 drinking water resources. The Legislature recognizes the need
180 for a protective yet flexible cleanup approach that risk-based
181 corrective action provides. Only where it is appropriate on a
182 site-specific basis, using the criteria in this paragraph and
183 careful evaluation by the department, shall proposed alternative
184 cleanup target levels be approved.
185
186 The department shall require source removal as a risk reduction
187 measure if warranted and cost-effective. Once source removal at
188 a site is complete, the department shall reevaluate the site to
189 determine the degree of active cleanup needed to continue.
190 Further, the department shall determine if the reevaluated site
191 qualifies for monitoring only or if no further action is
192 required to rehabilitate the site. If additional site
193 rehabilitation is necessary to reach “No Further Action” status,
194 the department is encouraged to utilize natural attenuation and
195 monitoring where site conditions warrant.
196 Section 3. Paragraph (b) of subsection (5), paragraph (d)
197 of subsection (6), and subsection (13) of section 376.3071,
198 Florida Statutes, are amended, and paragraph (n) is added to
199 subsection (6) of that section, to read:
200 376.3071 Inland Protection Trust Fund; creation; purposes;
201 funding.—
202 (5) SITE SELECTION AND CLEANUP CRITERIA.—
203 (b) It is the intent of the Legislature to protect the
204 health of all people under actual circumstances of exposure. The
205 secretary shall establish criteria by rule for the purpose of
206 determining, on a site-specific basis, the rehabilitation
207 program tasks that comprise a site rehabilitation program and
208 the level at which a rehabilitation program task and a site
209 rehabilitation program are completed. In establishing the rule,
210 the department shall incorporate, to the maximum extent
211 feasible, risk-based corrective action principles to achieve
212 protection of the public health, safety, and welfare, water
213 resources, and the environment in a cost-effective manner as
214 provided in this subsection. Criteria for determining what
215 constitutes a rehabilitation program task or completion of site
216 rehabilitation program tasks and site rehabilitation programs
217 shall be based upon the factors set forth in paragraph (a) and
218 the following additional factors:
219 1. The current exposure and potential risk of exposure to
220 humans and the environment including multiple pathways of
221 exposure.
222 2. The appropriate point of compliance with cleanup target
223 levels for petroleum products’ chemicals of concern. The point
224 of compliance shall be at the source of the petroleum
225 contamination. However, the department may temporarily move the
226 point of compliance to the boundary of the property, or to the
227 edge of the plume when the plume is within the property
228 boundary, while cleanup, including cleanup through natural
229 attenuation processes in conjunction with appropriate
230 monitoring, is proceeding. The department may also, pursuant to
231 criteria provided for in this paragraph, temporarily extend the
232 point of compliance beyond the property boundary with
233 appropriate monitoring, if such extension is needed to
234 facilitate natural attenuation or to address the current
235 conditions of the plume, if the public health, safety, and
236 welfare, water resources, and the environment are adequately
237 protected. Temporary extension of the point of compliance beyond
238 the property boundary, as provided in this subparagraph, must
239 include notice to local governments and owners of any property
240 into which the point of compliance is allowed to extend.
241 3. The appropriate site-specific cleanup goal. The site
242 specific cleanup goal shall be that all petroleum contamination
243 sites ultimately achieve the applicable cleanup target levels
244 provided in this paragraph. However, the department may allow
245 concentrations of the petroleum products’ chemicals of concern
246 to temporarily exceed the applicable cleanup target levels while
247 cleanup, including cleanup through natural attenuation processes
248 in conjunction with appropriate monitoring, is proceeding, if
249 the public health, safety, and welfare, water resources, and the
250 environment are adequately protected.
251 4. The appropriateness of using institutional or
252 engineering controls. Site rehabilitation programs may include
253 the use of institutional or engineering controls to eliminate
254 the potential exposure to petroleum products’ chemicals of
255 concern to humans or the environment. Use of such controls must
256 have prior department approval and may not be acquired with
257 moneys from the fund. When institutional or engineering controls
258 are implemented to control exposure, the removal of such
259 controls must have prior department approval and must be
260 accompanied immediately by the resumption of active cleanup or
261 other approved controls unless cleanup target levels pursuant to
262 this paragraph have been achieved. Site rehabilitation for a
263 site that qualifies for a conditional closure or closure with
264 institutional or engineering controls that require deed
265 restrictions may be implemented only with the approval of the
266 site owner or the person responsible for the site
267 rehabilitation.
268 5. The additive effects of the petroleum products’
269 chemicals of concern. The synergistic effects of petroleum
270 products’ chemicals of concern must also be considered when the
271 scientific data becomes available.
272 6. Individual site characteristics which must include, but
273 not be limited to, the current and projected use of the affected
274 groundwater in the vicinity of the site, current and projected
275 land uses of the area affected by the contamination, the exposed
276 population, the degree and extent of contamination, the rate of
277 contaminant migration, the apparent or potential rate of
278 contaminant degradation through natural attenuation processes,
279 the location of the plume, and the potential for further
280 migration in relation to site property boundaries.
281 7. Applicable state water quality standards.
282 a. Cleanup target levels for petroleum products’ chemicals
283 of concern found in groundwater shall be the applicable state
284 water quality standards. Where such standards do not exist, the
285 cleanup target levels for groundwater shall be based on the
286 minimum criteria specified in department rule. The department
287 shall consider the following, as appropriate, in establishing
288 the applicable minimum criteria: calculations using a lifetime
289 cancer risk level of 1.0E-6; a hazard index of 1 or less; the
290 best achievable detection limit; the naturally occurring
291 background concentration; or nuisance, organoleptic, and
292 aesthetic considerations.
293 b. Where surface waters are exposed to petroleum
294 contaminated groundwater, the cleanup target levels for the
295 petroleum products’ chemicals of concern shall be based on the
296 surface water standards as established by department rule. The
297 point of measuring compliance with the surface water standards
298 shall be in the groundwater immediately adjacent to the surface
299 water body.
300 8. Whether deviation from state water quality standards or
301 from established criteria is appropriate. The department may
302 issue a “No Further Action Order” based upon the degree to which
303 the desired cleanup target level is achievable and can be
304 reasonably and cost-effectively implemented within available
305 technologies or engineering and institutional control
306 strategies. Where a state water quality standard is applicable,
307 a deviation may not result in the application of cleanup target
308 levels more stringent than the standard. In determining whether
309 it is appropriate to establish alternate cleanup target levels
310 at a site, the department may consider the effectiveness of
311 source removal that has been completed at the site and the
312 practical likelihood of the use of low yield or poor quality
313 groundwater; the use of groundwater near marine surface water
314 bodies; the current and projected use of the affected
315 groundwater in the vicinity of the site; or the use of
316 groundwater in the immediate vicinity of the storage tank area,
317 where it has been demonstrated that the groundwater
318 contamination is not migrating away from such localized source,
319 if the public health, safety, and welfare, water resources, and
320 the environment are adequately protected.
321 9. Appropriate cleanup target levels for soils.
322 a. In establishing soil cleanup target levels for human
323 exposure to petroleum products’ chemicals of concern found in
324 soils from the land surface to 2 feet below land surface, the
325 department shall consider the following, as appropriate:
326 calculations using a lifetime cancer risk level of 1.0E-6; a
327 hazard index of 1 or less; the best achievable detection limit;
328 or the naturally occurring background concentration.
329 b. Leachability-based soil target levels shall be based on
330 protection of the groundwater cleanup target levels or the
331 alternate cleanup target levels for groundwater established
332 pursuant to this paragraph, as appropriate. Source removal and
333 other cost-effective alternatives that are technologically
334 feasible shall be considered in achieving the leachability soil
335 target levels established by the department. The leachability
336 goals do not apply if the department determines, based upon
337 individual site characteristics, that petroleum products’
338 chemicals of concern will not leach into the groundwater at
339 levels which pose a threat to public health, safety, and
340 welfare, water resources, or the environment.
341
342 This paragraph does not restrict the department from temporarily
343 postponing completion of any site rehabilitation program for
344 which funds are being expended whenever such postponement is
345 necessary in order to make funds available for rehabilitation of
346 a contamination site with a higher priority status.
347 (6) CONTRACTING AND CONTRACTOR SELECTION REQUIREMENTS.—
348 (d) The department rules implementing this section must:
349 1. Specify that only qualified vendors may submit responses
350 on a competitive solicitation. The department rules must also
351 2. Include procedures for the rejection of vendors not
352 meeting the minimum qualifications on the opening of a
353 competitive solicitation. and
354 3. Include requirements for a vendor to maintain its
355 qualifications in order to enter contracts or perform
356 rehabilitation work.
357 4. Establish a procedure for the processing of invoices
358 that are less than $500,000 per task, including the direct
359 assignment of such tasks. This procedure may not involve the use
360 of MyFloridaMarketPlace. Invoices that are at least $500,000 per
361 task may be processed pursuant to chapter 287.
362 5. Require current and future operations and management
363 work tasks for remediation systems to be based on performance
364 based contracts to ensure efficient and effective cleanup of
365 sites.
366 (n) A site owner or operator may select a contractor,
367 provided the contractor complies with paragraph (c), if the
368 combination of the owner or operator copay and the contractor’s
369 discount off the normal rate totals at least 5 percent of the
370 value of the contract. The cost of work must be based on a
371 competitive rate that the department negotiates with each
372 contractor.
373 (13) PETROLEUM CLEANUP PARTICIPATION PROGRAM.—To encourage
374 detection, reporting, and cleanup of contamination caused by
375 discharges of petroleum or petroleum products, the department
376 shall, within the guidelines established in this subsection,
377 implement a cost-sharing cleanup program to provide
378 rehabilitation funding assistance for all property contaminated
379 by discharges of petroleum or petroleum products occurring
380 before January 1, 1999 1995, subject to a copayment provided for
381 in a Petroleum Cleanup Participation Program site rehabilitation
382 agreement. Eligibility is subject to an annual appropriation
383 from the fund. Additionally, funding for eligible sites is
384 contingent upon annual appropriation in subsequent years. Such
385 continued state funding is not an entitlement or a vested right
386 under this subsection. Eligibility shall be determined in the
387 program, notwithstanding any other provision of law, consent
388 order, order, judgment, or ordinance to the contrary.
389 (a) 1. The department shall accept any discharge reporting
390 form received before January 1, 1995, as an application for this
391 program, and the facility owner or operator need not reapply.
392 2. Owners or operators of property, regardless of whether
393 ownership has changed, which is contaminated by petroleum or
394 petroleum products from a petroleum storage system may apply for
395 such program by filing a written report of the contamination
396 incident, including evidence that such incident occurred before
397 January 1, 1999 1995, with the department. Incidents of
398 petroleum contamination discovered after December 31, 1994, at
399 sites which have not stored petroleum or petroleum products for
400 consumption, use, or sale after such date shall be presumed to
401 have occurred before January 1, 1995. An operator’s filed report
402 shall be an application of the owner for all purposes. Sites
403 reported to the department after December 31, 1998, are not
404 eligible for the program.
405 (b) Subject to annual appropriation from the fund, sites
406 meeting the criteria of this subsection are eligible for up to
407 $1 million $400,000 of site rehabilitation funding assistance in
408 priority order pursuant to subsections (5) and (6). Sites
409 meeting the criteria of this subsection for which a site
410 rehabilitation completion order was issued before June 1, 2008,
411 do not qualify for the 2008 increase in site rehabilitation
412 funding assistance and are bound by the pre-June 1, 2008,
413 limits. Sites meeting the criteria of this subsection for which
414 a site rehabilitation completion order was not issued before
415 June 1, 2008, regardless of whether they have previously
416 transitioned to nonstate-funded cleanup status, may continue
417 state-funded cleanup pursuant to this section until a site
418 rehabilitation completion order is issued or the increased site
419 rehabilitation funding assistance limit is reached, whichever
420 occurs first. The department may not pay expenses incurred
421 beyond the scope of an approved contract.
422 (c) Upon notification by the department that rehabilitation
423 funding assistance is available for the site pursuant to
424 subsections (5) and (6), the owner, operator, or person
425 otherwise responsible for site rehabilitation shall provide the
426 department with a limited contamination assessment report and
427 shall enter into a Petroleum Cleanup Participation Program site
428 rehabilitation agreement with the department. The agreement must
429 provide for a 25-percent copayment by the owner, operator, or
430 person otherwise responsible for conducting site rehabilitation.
431 The owner, operator, or person otherwise responsible for
432 conducting site rehabilitation shall adequately demonstrate the
433 ability to meet the copayment obligation. The limited
434 contamination assessment report and the copayment costs may be
435 reduced or eliminated if the owner and all operators responsible
436 for restoration under s. 376.308 demonstrate that they cannot
437 financially comply with the copayment and limited contamination
438 assessment report requirements. The department shall take into
439 consideration the owner’s and operator’s net worth in making the
440 determination of financial ability. In the event the department
441 and the owner, operator, or person otherwise responsible for
442 site rehabilitation cannot complete negotiation of the cost
443 sharing agreement within 120 days after beginning negotiations,
444 the department shall terminate negotiations and the site shall
445 be ineligible for state funding under this subsection and all
446 liability protections provided for in this subsection shall be
447 revoked.
448 (d) A report of a discharge made to the department by a
449 person pursuant to this subsection or any rules adopted pursuant
450 to this subsection may not be used directly as evidence of
451 liability for such discharge in any civil or criminal trial
452 arising out of the discharge.
453 (e) This subsection does not preclude the department from
454 pursuing penalties under s. 403.141 for violations of any law or
455 any rule, order, permit, registration, or certification adopted
456 or issued by the department pursuant to its lawful authority.
457 (f) Upon the filing of a discharge reporting form under
458 paragraph (a), the department or local government may not pursue
459 any judicial or enforcement action to compel rehabilitation of
460 the discharge. This paragraph does not prevent any such action
461 with respect to discharges determined ineligible under this
462 subsection or to sites for which rehabilitation funding
463 assistance is available pursuant to subsections (5) and (6).
464 (g) The following are excluded from participation in the
465 program:
466 1. Sites at which the department has been denied reasonable
467 site access to implement this section.
468 2. Sites that were active facilities when owned or operated
469 by the Federal Government.
470 3. Sites that are identified by the United States
471 Environmental Protection Agency to be on, or which qualify for
472 listing on, the National Priorities List under Superfund. This
473 exception does not apply to those sites for which eligibility
474 has been requested or granted as of the effective date of this
475 act under the Early Detection Incentive Program established
476 pursuant to s. 15, chapter 86-159, Laws of Florida.
477 4. Sites for which contamination is covered under the Early
478 Detection Incentive Program, the Abandoned Tank Restoration
479 Program, or the Petroleum Liability and Restoration Insurance
480 Program, in which case site rehabilitation funding assistance
481 shall continue under the respective program.
482 Section 4. Paragraph (a) of subsection (2) and subsection
483 (4) of section 376.30713, Florida Statutes, are amended to read:
484 376.30713 Advanced cleanup.—
485 (2) The department may approve an application for advanced
486 cleanup at eligible sites, before funding based on the site’s
487 priority ranking established pursuant to s. 376.3071(5)(a),
488 pursuant to this section. Only the facility owner or operator or
489 the person otherwise responsible for site rehabilitation
490 qualifies as an applicant under this section.
491 (a) Advanced cleanup applications may be submitted between
492 May 1 and June 30 and between November 1 and December 31 of each
493 fiscal year. Applications submitted between May 1 and June 30
494 shall be for the fiscal year beginning July 1. An application
495 must consist of:
496 1. A commitment to pay 25 percent or more of the total
497 cleanup cost deemed recoverable under this section along with
498 proof of the ability to pay the cost share. An application
499 proposing that the department enter into a performance-based
500 contract for the cleanup of 10 20 or more sites may use a
501 commitment to pay, a demonstrated cost savings to the
502 department, or both to meet the cost-share requirement. For an
503 application relying on a demonstrated cost savings to the
504 department, the applicant shall, in conjunction with the
505 proposed agency term contractor, establish and provide in the
506 application the percentage of cost savings in the aggregate that
507 is being provided to the department for cleanup of the sites
508 under the application compared to the cost of cleanup of those
509 same sites using the current rates provided to the department by
510 the proposed agency term contractor. The department shall
511 determine whether the cost savings demonstration is acceptable.
512 Such determination is not subject to chapter 120.
513 2. A nonrefundable review fee of $250 to cover the
514 administrative costs associated with the department’s review of
515 the application.
516 3. A limited contamination assessment report.
517 4. A proposed course of action.
518
519 The limited contamination assessment report must be sufficient
520 to support the proposed course of action and to estimate the
521 cost of the proposed course of action. Costs incurred related to
522 conducting the limited contamination assessment report are not
523 refundable from the Inland Protection Trust Fund. Site
524 eligibility under this subsection or any other provision of this
525 section is not an entitlement to advanced cleanup or continued
526 restoration funding. The applicant shall certify to the
527 department that the applicant has the prerequisite authority to
528 enter into an advanced cleanup contract with the department. The
529 certification must be submitted with the application.
530 (4) The department may enter into contracts for a total of
531 up to $25 $15 million of advanced cleanup work in each fiscal
532 year. However, a facility or an applicant who bundles multiple
533 sites as specified in subparagraph (2)(a)1. may not be approved
534 for more than $5 million of cleanup activity in each fiscal
535 year. For the purposes of this section, the term “facility”
536 includes, but is not limited to, multiple site facilities such
537 as airports, port facilities, and terminal facilities even
538 though such enterprises may be treated as separate facilities
539 for other purposes under this chapter.
540 Section 5. This act shall take effect July 1, 2015.