November 29, 2020
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       CS for SB 2592                                   First Engrossed
       
       
       
       
       
       
       
       
       20102592e1
       
    1                        A bill to be entitled                      
    2         An act relating to petroleum contamination site
    3         cleanup; requiring the installation of fuel tank
    4         upgrades to secondary containment systems to be
    5         completed by specified deadlines; amending s.
    6         376.3071, F.S.; revising provisions relating to
    7         petroleum contamination site selection and cleanup
    8         criteria; deleting obsolete provisions relating to
    9         funding for limited interim soil-source removals;
   10         requiring the Department of Environmental Protection
   11         to utilize natural attenuation monitoring strategies
   12         to transition sites into long-term natural attenuation
   13         monitoring under specified conditions; providing for
   14         natural attenuation and active remediation of sites;
   15         requiring the department to evaluate certain costs and
   16         strategies; prohibiting a local government from
   17         denying any development permit based solely on the
   18         presence of petroleum contamination for any
   19         construction, repairs, or renovations performed in
   20         conjunction with tank upgrade activity in an existing
   21         retail fuel facility; requiring that such facility be
   22         fully operational before the request for the building
   23         permit; requiring that the construction, repairs, or
   24         renovations be performed by a licensed contractor;
   25         requiring that the construction, repairs, or
   26         renovations performed in conjunction with such permit
   27         comply with the applicable provisions of chs. 489 and
   28         553, F.S.; providing an exception; establishing a low
   29         scored site initiative; providing conditions for
   30         participation; requiring the department to issue
   31         certain determinations and orders; providing that
   32         certain sites are eligible for payment of preapproved
   33         costs; requiring assessment work to be completed
   34         within a certain timeframe; providing payment and
   35         funding limitations; deleting provisions relating to
   36         nonreimbursable voluntary cleanup; providing an
   37         effective date.
   38  
   39  Be It Enacted by the Legislature of the State of Florida:
   40  
   41         Section 1. The installation of fuel tank upgrades to
   42  secondary containment systems shall be completed by the
   43  deadlines specified in rule 62-761.510, Florida Administrative
   44  Code, Table UST. For fuel service station facilities that have
   45  orders issued by the Department of Environmental Protection
   46  before July 1, 2010, granting an extension to the deadline, the
   47  deadline shall be extended to September 30, 2011. Such
   48  facilities must be in compliance with all other state and
   49  federal regulations pertaining to petroleum storage systems.
   50         Section 2. Paragraph (c) of subsection (5) and paragraph
   51  (b) of subsection (11) of section 376.3071, Florida Statutes,
   52  are amended to read:
   53         376.3071 Inland Protection Trust Fund; creation; purposes;
   54  funding.—
   55         (5) SITE SELECTION AND CLEANUP CRITERIA.—
   56         (c) The department shall require source removal, if
   57  warranted and cost-effective, at each site eligible for
   58  restoration funding from the Inland Protection Trust Fund.
   59         1. Funding for free product recovery may be provided in
   60  advance of the order established by the priority ranking system
   61  under paragraph (a) for site cleanup activities. However, a
   62  separate prioritization for free product recovery shall be
   63  established consistent with paragraph (a). No more than $5
   64  million shall be encumbered from the Inland Protection Trust
   65  Fund in any fiscal year for free product recovery conducted in
   66  advance of the priority order under paragraph (a) established
   67  for site cleanup activities.
   68         2. Funding for limited interim soil-source removals for
   69  sites that will become inaccessible for future remediation due
   70  to road infrastructure and right-of-way restrictions resulting
   71  from a pending Department of Transportation road construction
   72  project or for secondary containment upgrading of underground
   73  storage tanks required under chapter 62-761, Florida
   74  Administrative Code, may be provided in advance of the order
   75  established by the priority ranking system under paragraph (a)
   76  for site cleanup activities. The department shall provide
   77  written guidance on the limited source removal information and
   78  technical evaluation necessary to justify a request for a
   79  limited source removal in advance of the priority order pursuant
   80  to paragraph (a) established for site cleanup activities.
   81  Prioritization for limited source removal projects associated
   82  with a secondary containment upgrade in any fiscal year shall be
   83  determined on a first-come, first-served basis according to the
   84  approval date issued under s. 376.30711 for the limited source
   85  removal. Funding for limited source removals associated with
   86  secondary containment upgrades shall be limited to 10 sites in
   87  each fiscal year for each facility owner and any related person.
   88  The limited source removal for secondary containment upgrades
   89  shall be completed no later than 6 months after the department
   90  issues its approval of the project, and the approval
   91  automatically expires at the end of the 6 months. Funding for
   92  Department of Transportation and secondary containment upgrade
   93  source removals may not exceed $50,000 for a single facility
   94  unless the department makes a determination that it is cost
   95  effective and environmentally beneficial to exceed this amount,
   96  but in no event shall the department authorize costs in excess
   97  of $100,000 for a single facility. Department funding for
   98  limited interim soil-source removals associated with Department
   99  of Transportation projects and secondary containment upgrades
  100  shall be limited to supplemental soil assessment, soil
  101  screening, soil removal, backfill material, treatment or
  102  disposal of the contaminated soil, dewatering related to the
  103  contaminated soil removal in an amount of up to 10 percent of
  104  the total interim soil-source removal project costs, treatment,
  105  and disposal of the contaminated groundwater and preparation of
  106  the source removal report. No other costs associated with the
  107  facility upgrade may be paid with department funds. No more than
  108  $1 million for Department of Transportation limited source
  109  removal projects and $10 million for secondary containment
  110  upgrade limited source removal projects conducted in advance of
  111  the priority order established under paragraph (a) for site
  112  cleanup activities shall be encumbered from the Inland
  113  Protection Trust Fund in any fiscal year. This subparagraph is
  114  repealed effective June 30, 2010.
  115         2.3. Once free product removal and other source removal
  116  identified in this paragraph are completed at a site, and
  117  notwithstanding the order established by the priority ranking
  118  system under paragraph (a) for site cleanup activities, the
  119  department may reevaluate the site to determine the degree of
  120  active cleanup needed to continue site rehabilitation. Further,
  121  the department shall determine if the reevaluated site qualifies
  122  for natural attenuation monitoring, long-term natural
  123  attenuation monitoring, or no further action. If additional site
  124  rehabilitation is necessary to reach no further action status,
  125  the site rehabilitation shall be conducted in the order
  126  established by the priority ranking system under paragraph (a).
  127  and The department shall is encouraged to utilize natural
  128  attenuation and monitoring strategies and, when cost-effective,
  129  transition sites eligible for restoration funding assistance to
  130  long-term natural attenuation monitoring where the plume is
  131  shrinking or stable and confined to the source property
  132  boundaries and the petroleum products’ chemicals of concern meet
  133  the natural attenuation default concentrations, as defined by
  134  department rule. If the plume migrates beyond the source
  135  property boundaries, natural attenuation monitoring may be
  136  conducted in accordance with department rule, or if the site no
  137  longer qualifies for natural attenuation monitoring, active
  138  remediation may be resumed. For long-term natural attenuation
  139  monitoring, if the petroleum products’ chemicals of concern
  140  increase or are not significantly reduced after 42 months of
  141  monitoring, or if the plume migrates beyond the property
  142  boundaries, active remediation shall be resumed as necessary.
  143  For sites undergoing active remediation, the department shall
  144  template the cost of natural attenuation monitoring pursuant to
  145  s. 376.30711 to ensure that site mobilizations are performed in
  146  a cost-effective manner. Sites that are not eligible for state
  147  restoration funding may transition to long-term natural
  148  attenuation monitoring using the criteria in this subparagraph.
  149  Nothing in this subparagraph precludes a site from pursuing a
  150  “No Further Action” order with conditions where site conditions
  151  warrant.
  152         3. The department shall evaluate whether higher natural
  153  attenuation default concentrations for natural attenuation
  154  monitoring or long-term natural attenuation monitoring are cost
  155  effective and would adequately protect public health and the
  156  environment. The department shall also evaluate site-specific
  157  characteristics that would allow for higher natural attenuation
  158  or long-term natural attenuation concentration levels.
  159         4.A local government may not deny a building permit based
  160  solely on the presence of petroleum contamination for any
  161  construction, repairs, or renovations performed in conjunction
  162  with tank upgrade activity in an existing retail fuel facility.
  163  Such facility must have been fully operational prior to the
  164  request for the building permit and any construction, repairs,
  165  or renovations must be performed by a licensed contractor. All
  166  building permits and any construction, repairs, or renovations
  167  performed in conjunction with such permits must comply with the
  168  applicable provisions of chapters 489 and 553.
  169         (11)
  170         (b) Low-scored site initiative Nonreimbursable voluntary
  171  cleanup.Notwithstanding s. 376.30711, any site For sites with
  172  releases reported prior to January 1, 1995, the department shall
  173  issue a determination of “No Further Action” at sites ranked
  174  with a total priority ranking score of 10 points or less may
  175  voluntarily participate in the low-scored site initiative,
  176  whether or not the site is eligible for state restoration
  177  funding.
  178         1. To participate in the low-scored site initiative, the
  179  responsible party or property owner must affirmatively
  180  demonstrate that, which meet the following conditions are met:
  181         a.1.Upon reassessment pursuant to department rule, the
  182  site retains a priority ranking score of 10 points or less No
  183  free product exists in wells, boreholes, subsurface utility
  184  conduits, or vaults or buildings and no other fire or explosion
  185  hazard exists as a result of a release of petroleum products.
  186         b.2. No excessively contaminated soil, as defined by
  187  department rule, exists onsite as a result of a release of
  188  petroleum products.
  189         c.3.A minimum of 6 months of groundwater monitoring
  190  indicates that the plume is shrinking or stable Public supply
  191  wells for consumptive use of water expected to be affected by
  192  the site shall not be located within a 1/2-mile radius of the
  193  site; private supply wells for consumptive use of water expected
  194  to be affected by the site shall not be located within a 1/4
  195  mile radius of the site; and there must be no current or
  196  projected consumptive use of the water affected by the site for
  197  at least the following 3 years. Where appropriate, institutional
  198  controls meeting the requirements of subparagraph (5)(b)4. may
  199  be required by the department to meet these criteria.
  200         d.4. The release of petroleum products at the site does
  201  shall not adversely affect adjacent surface waters, including
  202  their effects on human health and the environment.
  203         e.5. The area of groundwater containing the petroleum
  204  products’ chemicals of concern in concentrations greater than
  205  the boundary values defined in subparagraph 7. is less than one
  206  quarter acre and is confined to the source property boundaries
  207  of the real property on which the discharge originated.
  208         f.6. Soils onsite that are subject to human exposure found
  209  between land surface and 2 feet below land surface shall meet
  210  the soil cleanup target levels criteria established by
  211  department rule or human exposure is limited by pursuant to sub
  212  subparagraph (5)(b)9.a. Where appropriate, institutional or
  213  engineering controls meeting the requirements of subparagraph
  214  (5)(b)4. may be required by the department to meet these
  215  criteria.
  216         2. Upon affirmative demonstration of the conditions under
  217  subparagraph 1., the department shall issue a determination of
  218  “No Further Action.” Such determination acknowledges that
  219  minimal contamination exists onsite and that such contamination
  220  is not a threat to human health or the environment. If no
  221  contamination is detected, the department may issue a site
  222  rehabilitation completion order.
  223         3. Sites that are eligible for state restoration funding
  224  may receive payment of preapproved costs for the low-scored site
  225  initiative as follows:
  226         a. A responsible party or property owner may submit an
  227  assessment plan designed to affirmatively demonstrate that the
  228  site meets the conditions under subparagraph 1. Notwithstanding
  229  the priority ranking score of the site, the department may
  230  preapprove the cost of the assessment pursuant to s. 376.30711,
  231  including 6 months of groundwater monitoring, not to exceed
  232  $30,000 for each site. The department may not pay the costs
  233  associated with the establishment of institutional or
  234  engineering controls.
  235         b. The assessment work shall be completed no later than 6
  236  months after the department issues its approval.
  237         c. No more than $10 million for the low-scored site
  238  initiative shall be encumbered from the Inland Protection Trust
  239  Fund in any fiscal year. Funds shall be made available on a
  240  first-come, first-served basis and shall be limited to 10 sites
  241  in each fiscal year for each responsible party or property
  242  owner.
  243         7. Concentrations of the petroleum products’ chemicals of
  244  concern in groundwater at the property boundary of the real
  245  property on which the petroleum contamination originates shall
  246  not exceed the criteria established pursuant to sub-subparagraph
  247  (5)(b)7.a. Where appropriate, institutional or engineering
  248  controls meeting the requirements of subparagraph (5)(b)4. may
  249  be required by the department to meet these criteria.
  250         8. The department is authorized to establish alternate
  251  cleanup target levels for onsite nonboundary wells pursuant to
  252  the criteria in subparagraph (5)(b)8.
  253         9. A scientific evaluation that demonstrates that the
  254  boundary criteria in subparagraph 7. will not be exceeded and a
  255  1-year site-specific groundwater monitoring plan approved in
  256  advance by the department validates the scientific evaluation.
  257  If the boundary criteria in subparagraph 7. are exceeded at any
  258  time, the department may order an extension of the monitoring
  259  period for up to 12 additional months from the time of the
  260  excess reading. The department shall determine the adequacy of
  261  the groundwater monitoring system at a site. All wells required
  262  by the department pursuant to this paragraph shall be installed
  263  before the monitoring period begins.
  264         10. Costs associated with activities performed pursuant to
  265  this paragraph for sites which qualify for a determination of
  266  “No Further Action” under this paragraph shall not be
  267  reimbursable from the Inland Protection Trust Fund.
  268         Section 3. This act shall take effect July 1, 2010.

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