October 15, 2019
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       Florida Senate - 2010                              CS for SB 602
       
       
       
       By the Committee on General Government Appropriations; and
       Senators Justice, Smith, Lawson, Sobel, Gelber, Bennett, Jones,
       Siplin, and Storms
       
       
       601-04200-10                                           2010602c1
    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; authorizing
   24         the local government and the department to recover
   25         notification costs from responsible parties; providing
   26         a statement of important state interest; providing an
   27         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 no later than
   64  10 days after the from such discovery, to the Division of Waste
   65  Management at the department’s Tallahassee office. The actual
   66  notice must shall be provided on a form adopted by department
   67  rule and mailed by certified mail, return receipt requested. The
   68  person responsible for site rehabilitation shall simultaneously
   69  provide mail a copy of the such notice to the appropriate
   70  department district office and, county health department, and
   71  all known lessees and tenants of the source property.
   72         (b) The notice must shall include the following
   73  information:
   74         1.(a) The location of the property at which site
   75  rehabilitation was initiated pursuant to s. 376.3071(5), s.
   76  376.3078(4), s. 376.81, or s. 376.30701 and contact information
   77  for the person responsible for site rehabilitation, the person’s
   78  authorized agent, or another representative of the person.
   79         2.(b) A listing of all record owners of the any real
   80  property, other than the property at which site rehabilitation
   81  was initiated pursuant to s. 376.3071(5), s. 376.3078(4), s.
   82  376.81, or s. 376.30701, at which contamination has been
   83  discovered; the parcel identification number for any such real
   84  property; the owner’s address listed in the current county
   85  property tax office records; and the owner’s telephone number.
   86  The requirements of this paragraph do not apply to the notice to
   87  known tenants and lessees of the source property.
   88         3.(c) Separate tables for by medium, such as groundwater,
   89  soil, and surface water which, or sediment, that list sampling
   90  locations identified on the vicinity map described in
   91  subparagraph 4.; sampling dates; names of contaminants detected
   92  above cleanup target levels; their corresponding cleanup target
   93  levels; the contaminant concentrations; and whether the cleanup
   94  target level is based on health, nuisance, organoleptic, or
   95  aesthetic concerns.
   96         4.(d) A vicinity map that shows each sampling location with
   97  corresponding laboratory analytical results described in
   98  subparagraph 3. and the date on which the sample was collected
   99  and that identifies the property boundaries of the property at
  100  which site rehabilitation was initiated pursuant to s.
  101  376.3071(5), s. 376.3078(4), s. 376.81, or s. 376.30701 and any
  102  the other properties at which contamination has been discovered
  103  during such site rehabilitation. If available, a contaminant
  104  plume map signed and sealed by a state-licensed professional
  105  engineer or geologist may be included with the vicinity map.
  106         (3) DEPARTMENT’S NOTICE RESPONSIBILITIES.—
  107         (a) After receiving the initial notice required under
  108  subsection (2), the department shall notify the following
  109  persons of the contamination:
  110         1. The mayor, the chair of the county commission, or the
  111  comparable senior elected official representing the affected
  112  area.
  113         2. The city manager, the county administrator, or the
  114  comparable senior administrative official representing the
  115  affected area.
  116         3. The school district superintendent representing the
  117  affected area.
  118         4. The state senator, state representative, and United
  119  States Representative representing the affected area and both
  120  United States Senators.
  121         5. All real property owners, presidents of any condominium
  122  associations, or sole owners of condominiums, lessees, and the
  123  tenants of record for:
  124         a.The property at which site rehabilitation is being
  125  conducted, if different from the person responsible for site
  126  rehabilitation;
  127         b. Any properties within a 500-foot radius of each sampling
  128  point at which contamination is discovered, if site
  129  rehabilitation was initiated pursuant to s. 376.30701 or an
  130  administrative or court order; and
  131         c. Any properties within a 250-foot radius of each sampling
  132  point at which contamination is discovered or any properties
  133  identified on a contaminant plume map provided pursuant to
  134  subparagraph (2)(b)4. if site rehabilitation was initiated
  135  pursuant to s. 376.3071(5), s. 376.3078(4), or s. 376.81, or at,
  136  or in connection with, a permitted solid waste management
  137  facility subject to a groundwater monitoring plan.
  138         (b) The notice provided to:
  139         1.Local government officials shall be mailed by certified
  140  mail, return receipt requested, and must advise the local
  141  government of its responsibilities under subsection (4).
  142         2. Real property owners, presidents of any condominium
  143  associations or sole owners of condominiums, lessees, and
  144  tenants of record may be delivered by certified mail, return
  145  receipt requested, first-class mail, hand delivery, or door
  146  hanger.
  147         (c) Within 30 days after receiving the initial actual
  148  notice required under pursuant to subsection (2), or within 30
  149  days of the effective date of this act if the department already
  150  possesses information equivalent to that required by the notice,
  151  the department shall verify that the person responsible for site
  152  rehabilitation has complied with the notice requirements of this
  153  section send a copy of such notice, or an equivalent
  154  notification, to all record owners of any real property, other
  155  than the property at which site rehabilitation was initiated
  156  pursuant to s. 376.3071(5), s. 376.3078(4), s. 376.81, or s.
  157  376.30701, at which contamination has been discovered. If the
  158  person responsible for site rehabilitation has not complied with
  159  the notice requirements, the department may pursue enforcement
  160  as provided under this chapter and chapter 403.
  161         (d)1. If the property at which contamination has been
  162  discovered is the site of a school as defined in s. 1003.01, the
  163  department shall mail also send a copy of the notice to the
  164  superintendent chair of the school board of the school district
  165  in which the property is located and direct the superintendent
  166  said school board to provide actual notice annually to teachers
  167  and parents or guardians of students attending the school during
  168  the period of site rehabilitation.
  169         2. If the property at which contamination has been
  170  discovered is the site of a private K-12 school or a child care
  171  facility as defined in s. 402.302, the department shall mail a
  172  copy of the notice to the governing board, principal, or owner
  173  of the school or child care facility and direct the governing
  174  board, principal, or owner to provide actual notice annually to
  175  teachers and parents or guardians of students or children
  176  attending the school or child care facility during the period of
  177  site rehabilitation.
  178         3. After receiving the initial notice required under
  179  subsection (2), if any property within a 500-foot radius of the
  180  property at which contamination has been discovered during site
  181  rehabilitation pursuant to s. 376.30701 or an administrative or
  182  court order is the site of a school as defined in s. 1003.01,
  183  the department shall mail a copy of the notice to the
  184  superintendent of the school district in which the property is
  185  located and direct the superintendent to provide actual notice
  186  annually to the principal of the school.
  187         4. After receiving the initial notice required under
  188  subsection (2), if any property within a 250-foot radius of the
  189  property at which contamination has been discovered during site
  190  rehabilitation pursuant to s. 376.3071(5), s. 376.3078(4), or s.
  191  376.81, or at, or in connection with, a permitted solid waste
  192  management facility subject to a groundwater monitoring plan, is
  193  the site of a school as defined in s. 1003.01, the department
  194  shall mail a copy of the notice to the superintendent of the
  195  school district in which the property is located and direct the
  196  superintendent to provide actual notice annually to the
  197  principal of the school.
  198         (e) Along with the copy of the notice or its equivalent,
  199  the department shall include a letter identifying sources of
  200  additional information about the contamination and a telephone
  201  number to which further inquiries should be directed. The
  202  department may collaborate with the Department of Health to
  203  develop such sources of information and to establish procedures
  204  for responding to public inquiries about health risks associated
  205  with contaminated sites.
  206         (4) LOCAL GOVERNMENT’S NOTICE RESPONSIBILITIES.—If contact
  207  information is available, within 30 days after receiving notice
  208  under subsection (3), the local government shall mail a copy of
  209  the notice to the president or equivalent officer of each
  210  homeowners’ association or neighborhood association within the
  211  potentially affected area described in subsection (3).
  212         (5)RECOVERY OF NOTIFICATION COSTS.—The department and the
  213  local government shall recover the costs of postage, materials,
  214  and labor associated with providing notification from the
  215  responsible party, unless site rehabilitation is eligible for
  216  state-funded cleanup pursuant to the risk-based corrective
  217  action provisions found in s. 376.3071(5) or s. 376.3078(4).
  218         (6)(4) RULEMAKING AUTHORITY.—The department shall adopt
  219  rules and forms pursuant to ss. 120.536(1) and 120.54 to
  220  administer implement the requirements of this section.
  221         Section 2. The Legislature finds that this act fulfills an
  222  important state interest.
  223         Section 3. This act shall take effect July 1, 2010.

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