June 19, 2019
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       Florida Senate - 2010                                     SB 358
       
       
       
       By Senator Justice
       
       
       
       
       16-00156-10                                            2010358__
    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.
   26  
   27  Be It Enacted by the Legislature of the State of Florida:
   28  
   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
   33  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
   48  BOUNDARIES.—
   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
   71  information:
   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
  110  area.
  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
  122  rehabilitation;
  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
  140  hanger.
  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.

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