Bill Text: FL H1385 | 2010 | Regular Session | Comm Sub

Bill Title: Petroleum Contamination Site Cleanup [EPSC]

Spectrum: Partisan Bill (Republican 6-0)

Status: (Vetoed) 2010-07-19 - Veto Message received -HJ 00010; Veto Message referred to Rules and Calendar Council -HJ 00016 [H1385 Detail]

Download: Florida-2010-H1385-Comm_Sub.html
CS/CS/HB 1385
A bill to be entitled
2An act relating to petroleum contamination site cleanup;
3amending s. 376.3071, F.S.; revising provisions relating
4to petroleum contamination site selection and cleanup
5criteria; deleting obsolete provisions relating to funding
6for limited interim soil-source removals; requiring the
7Department of Environmental Protection to utilize natural
8attenuation monitoring strategies to transition sites into
9long-term natural attenuation monitoring under specified
10conditions; providing for natural attenuation and active
11remediation of sites; requiring the department to evaluate
12certain costs and strategies; prohibiting local
13governments from denying building permits under specified
14conditions; providing requirements for such permits and
15related construction, repairs, and renovations;
16establishing a low-scored site initiative; providing
17conditions for participation; requiring the department to
18issue certain determinations and orders; providing that
19certain sites are eligible for payment of preapproved
20costs; requiring assessment work to be completed within a
21certain timeframe; providing payment and funding
22limitations; deleting provisions relating to
23nonreimbursable voluntary cleanup; requiring the
24installation of fuel tank upgrades to secondary
25containment systems to be completed by specified
26deadlines; providing an exception; providing an effective
29Be It Enacted by the Legislature of the State of Florida:
31 Section 1. Paragraph (c) of subsection (5) and paragraph
32(b) of subsection (11) of section 376.3071, Florida Statutes,
33are amended to read:
34 376.3071 Inland Protection Trust Fund; creation; purposes;
37 (c) The department shall require source removal, if
38warranted and cost-effective, at each site eligible for
39restoration funding from the Inland Protection Trust Fund.
40 1. Funding for free product recovery may be provided in
41advance of the order established by the priority ranking system
42under paragraph (a) for site cleanup activities. However, a
43separate prioritization for free product recovery shall be
44established consistent with paragraph (a). No more than $5
45million shall be encumbered from the Inland Protection Trust
46Fund in any fiscal year for free product recovery conducted in
47advance of the priority order under paragraph (a) established
48for site cleanup activities.
49 2. Funding for limited interim soil-source removals for
50sites that will become inaccessible for future remediation due
51to road infrastructure and right-of-way restrictions resulting
52from a pending Department of Transportation road construction
53project or for secondary containment upgrading of underground
54storage tanks required under chapter 62-761, Florida
55Administrative Code, may be provided in advance of the order
56established by the priority ranking system under paragraph (a)
57for site cleanup activities. The department shall provide
58written guidance on the limited source removal information and
59technical evaluation necessary to justify a request for a
60limited source removal in advance of the priority order pursuant
61to paragraph (a) established for site cleanup activities.
62Prioritization for limited source removal projects associated
63with a secondary containment upgrade in any fiscal year shall be
64determined on a first-come, first-served basis according to the
65approval date issued under s. 376.30711 for the limited source
66removal. Funding for limited source removals associated with
67secondary containment upgrades shall be limited to 10 sites in
68each fiscal year for each facility owner and any related person.
69The limited source removal for secondary containment upgrades
70shall be completed no later than 6 months after the department
71issues its approval of the project, and the approval
72automatically expires at the end of the 6 months. Funding for
73Department of Transportation and secondary containment upgrade
74source removals may not exceed $50,000 for a single facility
75unless the department makes a determination that it is cost-
76effective and environmentally beneficial to exceed this amount,
77but in no event shall the department authorize costs in excess
78of $100,000 for a single facility. Department funding for
79limited interim soil-source removals associated with Department
80of Transportation projects and secondary containment upgrades
81shall be limited to supplemental soil assessment, soil
82screening, soil removal, backfill material, treatment or
83disposal of the contaminated soil, dewatering related to the
84contaminated soil removal in an amount of up to 10 percent of
85the total interim soil-source removal project costs, treatment,
86and disposal of the contaminated groundwater and preparation of
87the source removal report. No other costs associated with the
88facility upgrade may be paid with department funds. No more than
89$1 million for Department of Transportation limited source
90removal projects and $10 million for secondary containment
91upgrade limited source removal projects conducted in advance of
92the priority order established under paragraph (a) for site
93cleanup activities shall be encumbered from the Inland
94Protection Trust Fund in any fiscal year. This subparagraph is
95repealed effective June 30, 2010.
96 2.3. Once free product removal and other source removal
97identified in this paragraph are completed at a site, and
98notwithstanding the order established by the priority ranking
99system under paragraph (a) for site cleanup activities, the
100department may reevaluate the site to determine the degree of
101active cleanup needed to continue site rehabilitation. Further,
102the department shall determine if the reevaluated site qualifies
103for natural attenuation monitoring, long-term natural
104attenuation monitoring, or no further action. If additional site
105rehabilitation is necessary to reach no further action status,
106the site rehabilitation shall be conducted in the order
107established by the priority ranking system under paragraph (a).
108and The department shall is encouraged to utilize natural
109attenuation and monitoring strategies and, when cost-effective,
110transition sites eligible for restoration funding assistance to
111long-term natural attenuation monitoring where the plume is
112shrinking or stable and confined to the source property
113boundaries and the petroleum products' chemicals of concern meet
114the natural attenuation default concentrations, as defined by
115department rule. If the plume migrates beyond the source
116property boundaries, natural attenuation monitoring may be
117conducted in accordance with department rule, or if the site no
118longer qualifies for natural attenuation monitoring, active
119remediation may be resumed. For long-term natural attenuation
120monitoring, if the petroleum products' chemicals of concern
121increase or are not significantly reduced after 42 months of
122monitoring, or if the plume migrates beyond the property
123boundaries, active remediation shall be resumed as necessary.
124For sites undergoing active remediation, the department shall
125template the cost of natural attenuation monitoring pursuant to
126s. 376.30711 to ensure that site mobilizations are performed in
127a cost-effective manner. Sites that are not eligible for state
128restoration funding may transition to long-term natural
129attenuation monitoring using the criteria in this subparagraph.
130Nothing in this subparagraph precludes a site from pursuing a
131"No Further Action" order with conditions where site conditions
133 3. The department shall evaluate whether higher natural
134attenuation default concentrations for natural attenuation
135monitoring or long-term natural attenuation monitoring are cost-
136effective and would adequately protect public health and the
137environment. The department shall also evaluate site-specific
138characteristics that would allow for higher natural attenuation
139or long-term natural attenuation concentration levels.
140 4. A local government may not deny a building permit based
141solely on the presence of petroleum contamination for any
142construction, repairs, or renovations performed in conjunction
143with tank upgrade activities to an existing retail fuel facility
144if the facility was fully operational before the building permit
145was requested and if the construction, repair, or renovation is
146performed by a licensed contractor. All building permits and any
147construction, repairs, or renovations performed in conjunction
148with such permits must comply with the applicable provisions of
149chapters 489 and 553.
150 (11)
151 (b) Low-scored site initiative Nonreimbursable voluntary
152cleanup.-Notwithstanding s. 376.30711, any site For sites with
153releases reported prior to January 1, 1995, the department shall
154issue a determination of "No Further Action" at sites ranked
155with a total priority ranking score of 10 points or less may
156voluntarily participate in the low-scored site initiative,
157whether or not the site is eligible for state restoration
159 1. To participate in the low-scored site initiative, the
160responsible party or property owner must affirmatively
161demonstrate that, which meet the following conditions are met:
162 a.1. Upon reassessment pursuant to department rule, the
163site retains a priority ranking score of 10 points or less No
164free product exists in wells, boreholes, subsurface utility
165conduits, or vaults or buildings and no other fire or explosion
166hazard exists as a result of a release of petroleum products.
167 b.2. No excessively contaminated soil, as defined by
168department rule, exists onsite as a result of a release of
169petroleum products.
170 c.3. A minimum of 6 months of groundwater monitoring
171indicates that the plume is shrinking or stable Public supply
172wells for consumptive use of water expected to be affected by
173the site shall not be located within a 1/2-mile radius of the
174site; private supply wells for consumptive use of water expected
175to be affected by the site shall not be located within a 1/4-
176mile radius of the site; and there must be no current or
177projected consumptive use of the water affected by the site for
178at least the following 3 years. Where appropriate, institutional
179controls meeting the requirements of subparagraph (5)(b)4. may
180be required by the department to meet these criteria.
181 d.4. The release of petroleum products at the site does
182shall not adversely affect adjacent surface waters, including
183their effects on human health and the environment.
184 e.5. The area of groundwater containing the petroleum
185products' chemicals of concern in concentrations greater than
186the boundary values defined in subparagraph 7. is less than one-
187quarter acre and is confined to the source property boundaries
188of the real property on which the discharge originated.
189 f.6. Soils onsite that are subject to human exposure found
190between land surface and 2 feet below land surface shall meet
191the soil cleanup target levels criteria established by
192department rule or human exposure is limited by pursuant to sub-
193subparagraph (5)(b)9.a. Where appropriate, institutional or
194engineering controls meeting the requirements of subparagraph
195(5)(b)4. may be required by the department to meet these
197 2. Upon affirmative demonstration of the conditions under
198subparagraph 1., the department shall issue a determination of
199"No Further Action." Such determination acknowledges that
200minimal contamination exists onsite and that such contamination
201is not a threat to human health or the environment. If no
202contamination is detected, the department may issue a site
203rehabilitation completion order.
204 3. Sites that are eligible for state restoration funding
205may receive payment of preapproved costs for the low-scored site
206initiative as follows:
207 a. A responsible party or property owner may submit an
208assessment plan designed to affirmatively demonstrate that the
209site meets the conditions under subparagraph 1. Notwithstanding
210the priority ranking score of the site, the department may
211preapprove the cost of the assessment pursuant to s. 376.30711,
212including 6 months of groundwater monitoring, not to exceed
213$30,000 for each site. The department may not pay the costs
214associated with the establishment of institutional or
215engineering controls.
216 b. The assessment work shall be completed no later than 6
217months after the department issues its approval.
218 c. No more than $10 million for the low-scored site
219initiative shall be encumbered from the Inland Protection Trust
220Fund in any fiscal year. Funds shall be made available on a
221first-come, first-served basis and shall be limited to 10 sites
222in each fiscal year for each responsible party or property
224 7. Concentrations of the petroleum products' chemicals of
225concern in groundwater at the property boundary of the real
226property on which the petroleum contamination originates shall
227not exceed the criteria established pursuant to sub-subparagraph
228(5)(b)7.a. Where appropriate, institutional or engineering
229controls meeting the requirements of subparagraph (5)(b)4. may
230be required by the department to meet these criteria.
231 8. The department is authorized to establish alternate
232cleanup target levels for onsite nonboundary wells pursuant to
233the criteria in subparagraph (5)(b)8.
234 9. A scientific evaluation that demonstrates that the
235boundary criteria in subparagraph 7. will not be exceeded and a
2361-year site-specific groundwater monitoring plan approved in
237advance by the department validates the scientific evaluation.
238If the boundary criteria in subparagraph 7. are exceeded at any
239time, the department may order an extension of the monitoring
240period for up to 12 additional months from the time of the
241excess reading. The department shall determine the adequacy of
242the groundwater monitoring system at a site. All wells required
243by the department pursuant to this paragraph shall be installed
244before the monitoring period begins.
245 10. Costs associated with activities performed pursuant to
246this paragraph for sites which qualify for a determination of
247"No Further Action" under this paragraph shall not be
248reimbursable from the Inland Protection Trust Fund.
249 Section 2. The installation of fuel tank upgrades to
250secondary containment systems shall be completed by the
251deadlines specified in rule 62-761.510, Florida Administrative
252Code, Table UST. For fuel service station facilities that have
253orders issued by the Department of Environmental Protection
254before July 1, 2010, granting an extension to the deadline, the
255deadline shall be extended to September 30, 2011. Such
256facilities must be in compliance with all other state and
257federal regulations pertaining to petroleum storage systems.
258 Section 3. This act shall take effect July 1, 2010.
CODING: Words stricken are deletions; words underlined are additions.