September 21, 2020
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_h0207c1
CS/HB 207

1
A bill to be entitled
2An act relating to contamination notification; amending s.
3376.30702, F.S.; revising contamination notification
4provisions; requiring individuals responsible for site
5rehabilitation to provide notice of site rehabilitation to
6specified entities; revising provisions relating to the
7content of such notice; requiring the Department of
8Environmental Protection to provide notice of site
9rehabilitation to specified entities and certain property
10owners; requiring the department to verify compliance with
11notice requirements; authorizing the department to pursue
12enforcement measures for noncompliance with notice
13requirements; revising the department's contamination
14notification requirements for certain public schools;
15requiring the department to provide specified notice to
16certain private schools, child care facilities, and public
17and private colleges and universities; requiring the
18department to provide specified notice to public schools
19and public and private colleges and universities within
20specified areas; providing notice requirements, including
21directives to extend such notice to certain other persons;
22requiring the department to provide a list of sites under
23rehabilitation to specified entities; requiring local
24governments to provide specified notice to homeowners' and
25neighborhood associations; authorizing the department to
26recover notification costs from responsible parties under
27certain conditions; revising rulemaking authority;
28providing an effective date.
29
30Be It Enacted by the Legislature of the State of Florida:
31
32     Section 1.  Section 376.30702, Florida Statutes, is amended
33to read:
34     376.30702  Contamination notification.-
35     (1)  FINDINGS; INTENT; APPLICABILITY.-The Legislature finds
36and declares that when contamination is discovered by any person
37as a result of site rehabilitation activities conducted pursuant
38to the risk-based corrective action provisions found in s.
39376.3071(5), s. 376.3078(4), s. 376.81, or s. 376.30701, or
40pursuant to an administrative or court order, it is in the
41public's best interest that potentially affected persons be
42notified of the existence of such contamination. Therefore,
43persons discovering such contamination shall notify the
44department and those identified under this section of the such
45discovery in accordance with the requirements of this section,
46and the department shall be responsible for notifying the
47affected public. The Legislature intends that for the provisions
48of this section to govern the notice requirements for early
49notification of the discovery of contamination.
50     (2)  INITIAL NOTICE OF CONTAMINATION BEYOND PROPERTY
51BOUNDARIES.-
52     (a)  If at any time during site rehabilitation conducted
53pursuant to s. 376.3071(5), s. 376.3078(4), s. 376.81, or s.
54376.30701, or an administrative or court order the person
55responsible for site rehabilitation, the person's authorized
56agent, or another representative of the person discovers from
57laboratory analytical results that comply with appropriate
58quality assurance protocols specified in department rules that
59contamination as defined in applicable department rules exists
60in any groundwater, surface water, or soil medium beyond the
61boundaries of the property at which site rehabilitation was
62initiated pursuant to s. 376.3071(5), s. 376.3078(4), s. 376.81,
63or s. 376.30701, the person responsible for site rehabilitation
64shall give actual notice as soon as possible, but no later than
6545 10 days after the from such discovery, to the Division of
66Waste Management at the department's Tallahassee office. The
67actual notice must shall be provided on a form adopted by
68department rule and mailed by certified mail, return receipt
69requested. The person responsible for site rehabilitation shall
70simultaneously provide by certified mail, return receipt
71requested, mail a copy of the such notice to the appropriate
72department district office and, county health department, and
73all known lessees and tenants of the source property.
74     (b)  The notice must shall include the following
75information:
76     1.(a)  The location of the property at which site
77rehabilitation was initiated pursuant to s. 376.3071(5), s.
78376.3078(4), s. 376.81, or s. 376.30701 and contact information
79for the person responsible for site rehabilitation, the person's
80authorized agent, or another representative of the person.
81     2.(b)  A listing of all record owners of the any real
82property, other than the property at which site rehabilitation
83was initiated pursuant to s. 376.3071(5), s. 376.3078(4), s.
84376.81, or s. 376.30701, at which contamination has been
85discovered; the parcel identification number for any such real
86property; and the owner's address listed in the current county
87property tax office records; and the owner's telephone number.
88The requirements of this paragraph do not apply to the notice to
89known tenants and lessees of the source property.
90     3.(c)  Separate tables for by medium, such as groundwater,
91soil, and surface water which, or sediment, that list sampling
92locations identified on the vicinity map described in
93subparagraph 4.; sampling dates; names of contaminants detected
94above cleanup target levels; their corresponding cleanup target
95levels; the contaminant concentrations; and whether the cleanup
96target level is based on health, nuisance, organoleptic, or
97aesthetic concerns.
98     4.(d)  A vicinity map that shows each sampling location
99with corresponding laboratory analytical results described in
100subparagraph 3. and the date on which the sample was collected
101and that identifies the property boundaries of the property at
102which site rehabilitation was initiated pursuant to s.
103376.3071(5), s. 376.3078(4), s. 376.81, or s. 376.30701 and any
104the other properties at which contamination has been discovered
105during such site rehabilitation. If available, a contaminant
106plume map signed and sealed by a state-licensed professional
107engineer or geologist may be included with the vicinity map.
108     (3)  DEPARTMENT'S NOTICE RESPONSIBILITIES.-
109     (a)  Within 15 30 days after receiving the actual notice
110required under pursuant to subsection (2), or within 30 days of
111the effective date of this act if the department already
112possesses information equivalent to that required by the notice,
113the department shall verify that the person responsible for site
114rehabilitation has complied with the notice requirements of
115subsection (2) send a copy of such notice, or an equivalent
116notification, to all record owners of any real property, other
117than the property at which site rehabilitation was initiated
118pursuant to s. 376.3071(5), s. 376.3078(4), s. 376.81, or s.
119376.30701, at which contamination has been discovered. If the
120person responsible for site rehabilitation has not complied with
121the notice requirements of subsection (2), then the department
122may pursue enforcement as provided under this chapter and
123chapter 403.
124     (b)  Within 30 days after receiving the actual notice
125required under subsection (2), the department shall notify the
126following persons of the contamination for which notice was
127required pursuant to subsection (2):
128     1.  The mayor, the chair of the county commission, or the
129comparable senior elected official representing the affected
130area.
131     2.  The city manager, the county administrator, or the
132comparable senior administrative official representing the
133affected area.
134     3.  The state senator and state representative representing
135the affected area.
136     4.  All real property owners, presidents of any condominium
137associations or sole owners of condominiums, presidents of any
138cooperative associations or sole owners of cooperatives,
139lessees, and the tenants of record for:
140     a.  Any real property, other than the property at which
141site rehabilitation was initiated pursuant to s. 376.30701, s.
142376.3071(5), s. 376.3078(4), or s. 376.81, at which
143contamination has been discovered;
144     b.  Any properties identified within the boundaries of a
145contaminant plume located on a contaminant plume map provided
146pursuant to subparagraph (2)(b)4., any properties identified by
147a state-licensed professional engineer or professional geologist
148through a certified site-specific determination that such
149contamination is reasonably likely to be present beyond the
150boundaries of the source property, or any properties within a
151500-foot radius of each sampling point at which contamination is
152discovered where a contaminant plume map is not provided, if
153site rehabilitation was initiated pursuant to s. 376.30701 or an
154administrative or court order; and
155     c.  Any properties identified within the boundaries of a
156contaminant plume located on a contaminant plume map provided
157pursuant to subparagraph (2)(b)4., any properties identified by
158a state-licensed professional engineer or professional geologist
159through a certified site-specific determination that such
160contamination is reasonably likely to be present beyond the
161boundaries of the source property, or any properties within a
162250-foot radius of each sampling point at which contamination is
163discovered where a contaminant plume map is not provided, if
164site rehabilitation was initiated pursuant to s. 376.3071(5), s.
165376.3078(4), or s. 376.81, or at, or in connection with, a
166permitted solid waste management facility subject to a
167groundwater monitoring plan.
168     (c)  The notice provided to:
169     1.  Local government officials described in subparagraphs
170(b)1. and 2. shall be mailed by certified mail, return receipt
171requested.
172     2.  Real property owners, presidents of any condominium
173associations or sole owners of condominiums, presidents of any
174cooperative associations or sole owners of cooperatives,
175lessees, and tenants of record shall be delivered by certified
176mail, return receipt requested, first-class mail, hand delivery,
177or door hanger.
178     (d)1.  If the property at which contamination has been
179discovered is the site of a public pre-K or K-12 school as
180defined in s. 1003.01, the department shall mail also send a
181copy of the notice to the superintendent chair of the school
182board of the school district in which the property is located
183and direct the superintendent said school board to provide
184actual notice within 10 days to teachers and parents or
185guardians of students attending the public pre-K or K-12 school
186during the period of site rehabilitation.
187     2.  If the property at which contamination has been
188discovered is the site of a private pre-K or K-12 school or a
189child care facility as defined in s. 402.302, the department
190shall mail a copy of the notice to the governing board,
191principal, or owner of the private pre-K or K-12 school or child
192care facility and direct the governing board, principal, or
193owner to provide actual notice within 10 days to teachers and
194parents or guardians of students or children attending the
195private pre-K or K-12 school or child care facility during the
196period of site rehabilitation.
197     3.  If any property within a 1-mile radius of the sampling
198point at which contamination has been discovered during site
199rehabilitation pursuant to s. 376.30701 or an administrative or
200court order is the site of a public pre-K or K-12 school as
201defined in s. 1003.01, the department shall mail a copy of the
202notice to the superintendent of the school district in which the
203property is located.
204     4.  If any property within a 250-foot radius of the
205sampling point at which contamination has been discovered during
206site rehabilitation pursuant to s. 376.3071(5), s. 376.3078(4),
207or s. 376.81, or at, or in connection with, a permitted solid
208waste management facility subject to a groundwater monitoring
209plan, is the site of a public pre-K or K-12 school as defined in
210s. 1003.01, the department shall mail a copy of the notice to
211the superintendent of the school district in which the property
212is located.
213     5.  If the property at which contamination has been
214discovered is the site of a public or private college or
215university, the department shall mail a copy of the notice to
216the president of the public or private college or university and
217the chair of the Board of Governors or board of trustees.
218     6.  If any property within a 1-mile radius of the sampling
219point at which contamination has been discovered during site
220rehabilitation pursuant to s. 376.30701 or an administrative or
221court order is the site of a public or private college or
222university, the department shall mail a copy of the notice to
223the president of the public or private college or university and
224the chair of the Board of Governors or board of trustees.
225     7.  If any property within a 250-foot radius of the
226sampling point at which contamination has been discovered during
227site rehabilitation pursuant to s. 376.3071(5), s. 376.3078(4),
228or s. 376.81 is the site of a public or private college or
229university, the department shall mail a copy of the notice to
230the president of the public or private college or university and
231the chair of the Board of Governors or board of trustees.
232     (e)  Along with the copy of the notice or its equivalent,
233the department shall include a letter identifying sources of
234additional information about the contamination and a telephone
235number to which further inquiries should be directed. The
236department may collaborate with the Department of Health to
237develop such sources of information and to establish procedures
238for responding to public inquiries about health risks associated
239with contaminated sites.
240     (f)  The department shall provide quarterly a list to both
241United States Senators for the state of all contaminated sites
242being rehabilitated pursuant to s. 376.30701, s. 376.3071(5), s.
243376.3078(4), or s. 376.81 that are located within the state and
244to each representative to Congress for the state of all
245contaminated sites being rehabilitated pursuant to s. 376.30701,
246s. 376.3071(5), s. 376.3078(4), or s. 376.81 that are located
247within that individual's congressional district.
248     (4)  LOCAL GOVERNMENT'S NOTICE RESPONSIBILITIES.-Within 30
249days after receiving the actual notice required under subsection
250(3), the local government shall mail a copy of the notice to the
251president of any homeowners' association created pursuant to
252chapter 720, the president or equivalent representative of any
253incorporated voluntary homeowners' or neighborhood association,
254and the president or equivalent representative of any other
255existing voluntary homeowners' or neighborhood association that
256is not incorporated but has registered with the applicable local
257government pursuant to local governmental requirements that are
258located within the areas identified in sub-subparagraph
259(3)(b)4.a., sub-subparagraph (3)(b)4.b., or sub-subparagraph
260(3)(b)4.c.
261     (5)  RECOVERY OF NOTIFICATION COSTS.-The department may
262recover the costs of postage, materials, and labor associated
263with notification from the party responsible for the
264contamination, unless site rehabilitation is eligible for state-
265funded cleanup pursuant to the risk-based corrective action
266provisions found in s. 376.3071(5) or s. 376.3078(4), provided
267that sufficient funds exist within the trust funds to cover the
268cost of the notification.
269     (6)(4)  RULEMAKING AUTHORITY.-The department shall adopt
270rules and forms pursuant to ss. 120.536(1) and 120.54 to
271administer implement the requirements of this section.
272     Section 2.  This act shall take effect July 1, 2010.


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