Florida Senate - 2010 SB 358
By Senator Justice
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 individuals
5 responsible for site rehabilitation to provide notice
6 of site rehabilitation to specified entities; revising
7 provisions relating to the content of such notice;
8 requiring the Department of Environmental Protection
9 to provide notice of site rehabilitation to specified
10 entities and certain property owners; providing an
11 exemption; requiring the department to verify
12 compliance with notice requirements; authorizing the
13 department to pursue enforcement measures for
14 noncompliance with notice requirements; revising the
15 department’s contamination notification requirements
16 for certain public schools; requiring the department
17 to provide specified notice to private K-12 schools
18 and child care facilities; requiring the department to
19 provide specified notice to public schools within a
20 specified area; providing notice requirements,
21 including directives to extend such notice to certain
22 other persons; requiring local governments to provide
23 specified notice of site rehabilitation; requiring the
24 department to recover notification costs from
25 responsible parties; providing an effective date.
27 Be It Enacted by the Legislature of the State of Florida:
29 Section 1. Section 376.30702, Florida Statutes, is amended
30 to read:
31 376.30702 Contamination notification.—
32 (1) FINDINGS; INTENT; APPLICABILITY.—The Legislature finds
and declares that when contamination is discovered by any person
34 as a result of site rehabilitation activities conducted pursuant
35 to the risk-based corrective action provisions found in s.
36 376.3071(5), s. 376.3078(4), s. 376.81, or s. 376.30701, or
37 pursuant to an administrative or court order, it is in the
38 public’s best interest that potentially affected persons be
39 notified of the existence of such contamination. Therefore,
40 persons discovering such contamination shall notify the
41 department and those identified under this section of the such
42 discovery in accordance with the requirements of this section ,
43 and the department shall be responsible for notifying the
44 affected public. The Legislature intends that for the provisions
45 of this section to govern the notice requirements for early
46 notification of the discovery of contamination.
47 (2) INITIAL NOTICE OF CONTAMINATION BEYOND PROPERTY
49 (a) If at any time during site rehabilitation conducted
50 pursuant to s. 376.3071(5), s. 376.3078(4), s. 376.81, or s.
51 376.30701, or an administrative or court order the person
52 responsible for site rehabilitation, the person’s authorized
53 agent, or another representative of the person discovers from
54 laboratory analytical results that comply with appropriate
55 quality assurance protocols specified in department rules that
56 contamination as defined in applicable department rules exists
57 in any groundwater, surface water, or soil at or medium beyond
58 the boundaries of the property at which site rehabilitation was
59 initiated pursuant to s. 376.3071 (5), s. 376.3078 (4), s. 376.81 ,
60 or s. 376.30701, the person responsible for site rehabilitation
61 shall give actual notice as soon as possible, but no later than
62 10 days after the from such discovery, to the Division of Waste
63 Management at the department’s Tallahassee office. The actual
64 notice must shall be provided on a form adopted by department
65 rule and mailed by certified mail, return receipt requested. The
66 person responsible for site rehabilitation shall simultaneously
67 provide mail a copy of the such notice to the appropriate
68 department district office and , county health department , and
69 all known lessees and tenants of the source property.
70 (b) The notice must shall include the following
72 1. (a) The location of the property at which site
73 rehabilitation was initiated pursuant to s. 376.3071 (5), s.
74 376.3078 (4), s. 376.81 , or s. 376.30701 and contact information
75 for the person responsible for site rehabilitation, the person’s
76 authorized agent, or another representative of the person.
77 2. (b) A listing of all record owners of the any real
78 property , other than the property at which site rehabilitation
79 was initiated pursuant to s. 376.3071 (5), s. 376.3078 (4), s.
80 376.81 , or s. 376.30701 , at which contamination has been
81 discovered; the parcel identification number for any such real
82 property; the owner’s address listed in the current county
83 property tax office records; and the owner’s telephone number.
84 The requirements of this paragraph do not apply to the notice to
85 known tenants and lessees of the source property.
86 3. (c) Separate tables for by medium, such as groundwater,
87 soil, and surface water which , or sediment, that list sampling
88 locations identified on the vicinity map described in
89 subparagraph 4.; sampling dates; names of contaminants detected
90 above cleanup target levels; their corresponding cleanup target
91 levels; the contaminant concentrations; and whether the cleanup
92 target level is based on health, nuisance, organoleptic, or
93 aesthetic concerns.
94 4. (d) A vicinity map that shows each sampling location with
95 corresponding laboratory analytical results described in
96 subparagraph 3. and the date on which the sample was collected
97 and that identifies the property boundaries of the property at
98 which site rehabilitation was initiated pursuant to s.
99 376.3071 (5), s. 376.3078 (4), s. 376.81 , or s. 376.30701 and any
100 the other properties at which contamination has been discovered
101 during such site rehabilitation. If available, a contaminant
102 plume map signed and sealed by a state-licensed professional
103 engineer or geologist may be included with the vicinity map.
104 (3) DEPARTMENT’S NOTICE RESPONSIBILITIES.—
105 (a) Within 30 days after receiving the actual notice
106 required under subsection (2), the department shall notify the
107 following persons of the contamination:
108 1. The mayor, the chair of the county commission, or the
109 comparable senior elected official representing the affected
111 2. The city manager, the county administrator, or the
112 comparable senior administrative official representing the
113 affected area.
114 3. The state senator, state representative, and United
115 States Representative representing the affected area and both
116 United States Senators.
117 4. All real property owners, presidents of any condominium
118 associations or sole owners of condominiums, lessees, and the
119 tenants of record for:
120 a. The property at which site rehabilitation is being
121 conducted, if different from the person responsible for site
123 b. Any properties within a 500-foot radius of each sampling
124 point at which contamination is discovered, if site
125 rehabilitation was initiated pursuant to s. 376.30701 or an
126 administrative or court order; and
127 c. Any properties within a 250-foot radius of each sampling
128 point at which contamination is discovered or any properties
129 identified on a contaminant plume map provided pursuant to
130 subparagraph (2)(b)4., if site rehabilitation was initiated
131 pursuant to s. 376.3071(5), s. 376.3078(4), or s. 376.81.
132 (b) The notice provided to:
133 1. Local government officials shall be mailed by certified
134 mail, return receipt requested, and must advise the local
135 government of its responsibilities under subsection (4).
136 2. Real property owners, presidents of any condominium
137 associations or sole owners of condominiums, lessees, and
138 tenants of record may be delivered by certified mail, return
139 receipt requested, first-class mail, hand delivery, or door
141 (c) Within 30 days after receiving the actual notice
142 required under pursuant to subsection (2), or within 30 days of
143 the effective date of this act if the department already
144 possesses information equivalent to that required by the notice,
145 the department shall verify that the person responsible for site
146 rehabilitation has complied with the notice requirements of this
147 section send a copy of such notice, or an equivalent
148 notification, to all record owners of any real property, other
149 than the property at which site rehabilitation was initiated
150 pursuant to s. 376.3071 (5), s. 376.3078 (4), s. 376.81 , or s.
151 376.30701 , at which contamination has been discovered. If the
152 person responsible for site rehabilitation has not complied with
153 the notice requirements, the department may pursue enforcement
154 as provided under this chapter and chapter 403.
155 (d)1. If the property at which contamination has been
156 discovered is the site of a school as defined in s. 1003.01, the
157 department shall mail also send a copy of the notice to the
158 superintendent chair of the school board of the school district
159 in which the property is located and direct the superintendent
160 said school board to provide actual notice annually to teachers
161 and parents or guardians of students attending the school during
162 the period of site rehabilitation.
163 2. If the property at which contamination has been
164 discovered is the site of a private K-12 school or a child care
165 facility as defined in s. 402.302, the department shall mail a
166 copy of the notice to the governing board, principal, or owner
167 of the school or child care facility and direct the governing
168 board, principal, or owner to provide actual notice annually to
169 teachers and parents or guardians of students or children
170 attending the school or child care facility during the period of
171 site rehabilitation.
172 3. If any property within a 1-mile radius of the property
173 at which contamination has been discovered during site
174 rehabilitation pursuant to s. 376.30701 or an administrative or
175 court order is the site of a school as defined in s. 1003.01,
176 the department shall mail a copy of the notice to the
177 superintendent of the school district in which the property is
178 located and direct the superintendent to provide actual notice
179 annually to the principal of the school.
180 4. If any property within a 250-foot radius of the property
181 at which contamination has been discovered during site
182 rehabilitation pursuant to s. 376.3071(5), s. 376.3078(4), or s.
183 376.81 is the site of a school as defined in s. 1003.01, the
184 department shall mail a copy of the notice to the superintendent
185 of the school district in which the property is located and
186 direct the superintendent to provide actual notice annually to
187 the principal of the school.
188 (e) Along with the copy of the notice or its equivalent,
189 the department shall include a letter identifying sources of
190 additional information about the contamination and a telephone
191 number to which further inquiries should be directed. The
192 department may collaborate with the Department of Health to
193 develop such sources of information and to establish procedures
194 for responding to public inquiries about health risks associated
195 with contaminated sites.
196 (4) LOCAL GOVERNMENT’S NOTICE RESPONSIBILITIES.—Within 30
197 days after receiving the actual notice required under subsection
198 (2), the local government shall mail a copy of the notice to the
199 president or equivalent officer of each homeowners’ association
200 or neighborhood association within the potentially affected area
201 as described in subsection (2).
202 (5) RECOVERY OF NOTIFICATION COSTS.—The department shall
203 recover the costs of postage, materials, and labor associated
204 with notification from the responsible party, unless site
205 rehabilitation is eligible for state-funded cleanup pursuant to
206 the risk-based corrective action provisions found in s.
207 376.3071(5) or s. 376.3078(4).
208 (6) (4) RULEMAKING AUTHORITY.—The department shall adopt
209 rules and forms pursuant to ss. 120.536 (1) and 120.54 to
210 administer implement the requirements of this section.
211 Section 2. This act shall take effect July 1, 2010.