Florida Senate - 2010                                    SB 2592
       By Senator Baker
       20-01735A-10                                          20102592__
    1                        A bill to be entitled                      
    2         An act relating to petroleum contamination site
    3         cleanup; amending s. 376.3071, F.S.; revising
    4         provisions relating to petroleum contamination site
    5         selection and cleanup criteria; deleting obsolete
    6         provisions relating to funding for limited interim
    7         soil-source removals; requiring the Department of
    8         Environmental Protection to utilize natural
    9         attenuation monitoring strategies to transition sites
   10         into long-term natural attenuation monitoring under
   11         specified conditions; providing for natural
   12         attenuation and active remediation of sites; requiring
   13         the department to evaluate certain costs and
   14         strategies; prohibiting local governments from denying
   15         development orders and permits on the grounds that a
   16         property is contaminated; providing an exception;
   17         establishing a low-scored site initiative; providing
   18         conditions for participation; requiring the department
   19         to issue certain determinations and orders; providing
   20         that certain sites are eligible for payment of
   21         preapproved costs; requiring assessment work to be
   22         completed within a certain timeframe; providing
   23         payment and funding limitations; deleting provisions
   24         relating to nonreimbursable voluntary cleanup;
   25         providing an effective date.
   27  Be It Enacted by the Legislature of the State of Florida:
   29         Section 1. Paragraph (c) of subsection (5) and paragraph
   30  (b) of subsection (11) of section 376.3071, Florida Statutes,
   31  are amended to read:
   32         376.3071 Inland Protection Trust Fund; creation; purposes;
   33  funding.—
   35         (c) The department shall require source removal, if
   36  warranted and cost-effective, at each site eligible for
   37  restoration funding from the Inland Protection Trust Fund.
   38         1. Funding for free product recovery may be provided in
   39  advance of the order established by the priority ranking system
   40  under paragraph (a) for site cleanup activities. However, a
   41  separate prioritization for free product recovery shall be
   42  established consistent with paragraph (a). No more than $5
   43  million shall be encumbered from the Inland Protection Trust
   44  Fund in any fiscal year for free product recovery conducted in
   45  advance of the priority order under paragraph (a) established
   46  for site cleanup activities.
   47         2. Funding for limited interim soil-source removals for
   48  sites that will become inaccessible for future remediation due
   49  to road infrastructure and right-of-way restrictions resulting
   50  from a pending Department of Transportation road construction
   51  project or for secondary containment upgrading of underground
   52  storage tanks required under chapter 62-761, Florida
   53  Administrative Code, may be provided in advance of the order
   54  established by the priority ranking system under paragraph (a)
   55  for site cleanup activities. The department shall provide
   56  written guidance on the limited source removal information and
   57  technical evaluation necessary to justify a request for a
   58  limited source removal in advance of the priority order pursuant
   59  to paragraph (a) established for site cleanup activities.
   60  Prioritization for limited source removal projects associated
   61  with a secondary containment upgrade in any fiscal year shall be
   62  determined on a first-come, first-served basis according to the
   63  approval date issued under s. 376.30711 for the limited source
   64  removal. Funding for limited source removals associated with
   65  secondary containment upgrades shall be limited to 10 sites in
   66  each fiscal year for each facility owner and any related person.
   67  The limited source removal for secondary containment upgrades
   68  shall be completed no later than 6 months after the department
   69  issues its approval of the project, and the approval
   70  automatically expires at the end of the 6 months. Funding for
   71  Department of Transportation and secondary containment upgrade
   72  source removals may not exceed $50,000 for a single facility
   73  unless the department makes a determination that it is cost
   74  effective and environmentally beneficial to exceed this amount,
   75  but in no event shall the department authorize costs in excess
   76  of $100,000 for a single facility. Department funding for
   77  limited interim soil-source removals associated with Department
   78  of Transportation projects and secondary containment upgrades
   79  shall be limited to supplemental soil assessment, soil
   80  screening, soil removal, backfill material, treatment or
   81  disposal of the contaminated soil, dewatering related to the
   82  contaminated soil removal in an amount of up to 10 percent of
   83  the total interim soil-source removal project costs, treatment,
   84  and disposal of the contaminated groundwater and preparation of
   85  the source removal report. No other costs associated with the
   86  facility upgrade may be paid with department funds. No more than
   87  $1 million for Department of Transportation limited source
   88  removal projects and $10 million for secondary containment
   89  upgrade limited source removal projects conducted in advance of
   90  the priority order established under paragraph (a) for site
   91  cleanup activities shall be encumbered from the Inland
   92  Protection Trust Fund in any fiscal year. This subparagraph is
   93  repealed effective June 30, 2010.
   94         2.3. Once free product removal and other source removal
   95  identified in this paragraph are completed at a site, and
   96  notwithstanding the order established by the priority ranking
   97  system under paragraph (a) for site cleanup activities, the
   98  department may reevaluate the site to determine the degree of
   99  active cleanup needed to continue site rehabilitation. Further,
  100  the department shall determine if the reevaluated site qualifies
  101  for natural attenuation monitoring, long-term natural
  102  attenuation monitoring, or no further action. If additional site
  103  rehabilitation is necessary to reach no further action status,
  104  the site rehabilitation shall be conducted in the order
  105  established by the priority ranking system under paragraph (a).
  106  and The department shall is encouraged to utilize natural
  107  attenuation and monitoring strategies and, when cost-effective,
  108  transition sites eligible for restoration funding assistance to
  109  long-term natural attenuation monitoring where the plume is
  110  shrinking or stable and confined to the source property
  111  boundaries and the petroleum products’ chemicals of concern meet
  112  the natural attenuation default concentrations, as defined by
  113  department rule. If the plume migrates beyond the source
  114  property boundaries, natural attenuation monitoring may be
  115  conducted in accordance with department rule, or if the site no
  116  longer qualifies for natural attenuation monitoring, active
  117  remediation may be resumed. If the petroleum products’ chemicals
  118  of concern increase or are not significantly reduced after 42
  119  months of monitoring, active remediation shall be resumed as
  120  necessary. For sites undergoing active remediation, the
  121  department shall evaluate the cost of natural attenuation
  122  monitoring pursuant to s. 376.30711 to ensure that site
  123  mobilizations are performed in a cost-effective manner. Sites
  124  that are not eligible for state restoration funding may
  125  transition to long-term natural attenuation monitoring using the
  126  criteria in this subparagraph. Nothing in this subparagraph
  127  precludes a site from pursuing a “No Further Action” order with
  128  conditions where site conditions warrant.
  129         3. The department shall evaluate whether higher natural
  130  attenuation default concentrations for natural attenuation
  131  monitoring or long-term natural attenuation monitoring are cost
  132  effective and would adequately protect public health and the
  133  environment. The department shall also evaluate site-specific
  134  characteristics that would allow for higher natural attenuation
  135  or long-term natural attenuation concentration levels.
  136         4. Unless institutional controls have been imposed by the
  137  responsible party or property owner to restrict the uses of the
  138  site, a local government may not deny a development order or
  139  other permit on the grounds that petroleum contamination exists
  140  onsite.
  141         (11)
  142         (b) Low-scored site initiative Nonreimbursable voluntary
  143  cleanup.Notwithstanding s. 376.30711, any site For sites with
  144  releases reported prior to January 1, 1995, the department shall
  145  issue a determination of “No Further Action” at sites ranked
  146  with a total priority ranking score of 10 points or less may
  147  voluntarily participate in the low-scored site initiative,
  148  whether or not the site is eligible for state restoration
  149  funding.
  150         1. To participate in the low-scored site initiative, the
  151  responsible party or property owner must affirmatively
  152  demonstrate that, which meet the following conditions are met:
  153         a.1.Upon reassessment pursuant to department rule, the
  154  site retains a priority ranking score of 10 points or less No
  155  free product exists in wells, boreholes, subsurface utility
  156  conduits, or vaults or buildings and no other fire or explosion
  157  hazard exists as a result of a release of petroleum products.
  158         b.2. No excessively contaminated soil, as defined by
  159  department rule, exists onsite as a result of a release of
  160  petroleum products.
  161         c.3.A minimum of 6 months of groundwater monitoring
  162  indicates that the plume is shrinking or stable Public supply
  163  wells for consumptive use of water expected to be affected by
  164  the site shall not be located within a 1/2-mile radius of the
  165  site; private supply wells for consumptive use of water expected
  166  to be affected by the site shall not be located within a 1/4
  167  mile radius of the site; and there must be no current or
  168  projected consumptive use of the water affected by the site for
  169  at least the following 3 years. Where appropriate, institutional
  170  controls meeting the requirements of subparagraph (5)(b)4. may
  171  be required by the department to meet these criteria.
  172         d.4. The release of petroleum products at the site does
  173  shall not adversely affect adjacent surface waters, including
  174  their effects on human health and the environment.
  175         e.5. The area of groundwater containing the petroleum
  176  products’ chemicals of concern in concentrations greater than
  177  the boundary values defined in subparagraph 7. is less than one
  178  quarter acre and is confined to the source property boundaries
  179  of the real property on which the discharge originated.
  180         f.6. Soils onsite that are subject to human exposure found
  181  between land surface and 2 feet below land surface shall meet
  182  the soil cleanup target levels criteria established by
  183  department rule or human exposure is limited by pursuant to sub
  184  subparagraph (5)(b)9.a. Where appropriate, institutional or
  185  engineering controls meeting the requirements of subparagraph
  186  (5)(b)4. may be required by the department to meet these
  187  criteria.
  188         2. Upon affirmative demonstration of the conditions under
  189  subparagraph 1., the department shall issue a determination of
  190  “No Further Action.” Such determination acknowledges that
  191  minimal contamination exists onsite and that such contamination
  192  is not a threat to human health or the environment. If no
  193  contamination is detected, the department may issue a site
  194  rehabilitation completion order.
  195         3. Sites that are eligible for state restoration funding
  196  may receive payment of preapproved costs for the low-scored site
  197  initiative as follows:
  198         a. A responsible party or property owner may submit an
  199  assessment plan designed to affirmatively demonstrate that the
  200  site meets the conditions under subparagraph 1. Notwithstanding
  201  the priority ranking score of the site, the department may
  202  preapprove the cost of the assessment pursuant to s. 376.30711,
  203  including 6 months of groundwater monitoring, not to exceed
  204  $30,000 for each site. The department may not pay the costs
  205  associated with the establishment of institutional or
  206  engineering controls.
  207         b. The assessment work shall be completed no later than 6
  208  months after the department issues its approval.
  209         c. No more than $10 million for the low-scored site
  210  initiative shall be encumbered from the Inland Protection Trust
  211  Fund in any fiscal year. Funds shall be made available on a
  212  first-come, first-served basis and shall be limited to 10 sites
  213  in each fiscal year for each responsible party or property
  214  owner.
  215         7. Concentrations of the petroleum products’ chemicals of
  216  concern in groundwater at the property boundary of the real
  217  property on which the petroleum contamination originates shall
  218  not exceed the criteria established pursuant to sub-subparagraph
  219  (5)(b)7.a. Where appropriate, institutional or engineering
  220  controls meeting the requirements of subparagraph (5)(b)4. may
  221  be required by the department to meet these criteria.
  222         8. The department is authorized to establish alternate
  223  cleanup target levels for onsite nonboundary wells pursuant to
  224  the criteria in subparagraph (5)(b)8.
  225         9. A scientific evaluation that demonstrates that the
  226  boundary criteria in subparagraph 7. will not be exceeded and a
  227  1-year site-specific groundwater monitoring plan approved in
  228  advance by the department validates the scientific evaluation.
  229  If the boundary criteria in subparagraph 7. are exceeded at any
  230  time, the department may order an extension of the monitoring
  231  period for up to 12 additional months from the time of the
  232  excess reading. The department shall determine the adequacy of
  233  the groundwater monitoring system at a site. All wells required
  234  by the department pursuant to this paragraph shall be installed
  235  before the monitoring period begins.
  236         10. Costs associated with activities performed pursuant to
  237  this paragraph for sites which qualify for a determination of
  238  “No Further Action” under this paragraph shall not be
  239  reimbursable from the Inland Protection Trust Fund.
  240         Section 2. This act shall take effect July 1, 2010.

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