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

NOTE: There are more recent revisions of this legislation. Read Latest Draft
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/HB 1385
1
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; providing an effective
24date.
25
26Be It Enacted by the Legislature of the State of Florida:
27
28 Section 1. Paragraph (c) of subsection (5) and paragraph
29(b) of subsection (11) of section 376.3071, Florida Statutes,
30are amended to read:
31 376.3071 Inland Protection Trust Fund; creation; purposes;
32funding.-
33 (5) SITE SELECTION AND CLEANUP CRITERIA.-
34 (c) The department shall require source removal, if
35warranted and cost-effective, at each site eligible for
36restoration funding from the Inland Protection Trust Fund.
37 1. Funding for free product recovery may be provided in
38advance of the order established by the priority ranking system
39under paragraph (a) for site cleanup activities. However, a
40separate prioritization for free product recovery shall be
41established consistent with paragraph (a). No more than $5
42million shall be encumbered from the Inland Protection Trust
43Fund in any fiscal year for free product recovery conducted in
44advance of the priority order under paragraph (a) established
45for site cleanup activities.
46 2. Funding for limited interim soil-source removals for
47sites that will become inaccessible for future remediation due
48to road infrastructure and right-of-way restrictions resulting
49from a pending Department of Transportation road construction
50project or for secondary containment upgrading of underground
51storage tanks required under chapter 62-761, Florida
52Administrative Code, may be provided in advance of the order
53established by the priority ranking system under paragraph (a)
54for site cleanup activities. The department shall provide
55written guidance on the limited source removal information and
56technical evaluation necessary to justify a request for a
57limited source removal in advance of the priority order pursuant
58to paragraph (a) established for site cleanup activities.
59Prioritization for limited source removal projects associated
60with a secondary containment upgrade in any fiscal year shall be
61determined on a first-come, first-served basis according to the
62approval date issued under s. 376.30711 for the limited source
63removal. Funding for limited source removals associated with
64secondary containment upgrades shall be limited to 10 sites in
65each fiscal year for each facility owner and any related person.
66The limited source removal for secondary containment upgrades
67shall be completed no later than 6 months after the department
68issues its approval of the project, and the approval
69automatically expires at the end of the 6 months. Funding for
70Department of Transportation and secondary containment upgrade
71source removals may not exceed $50,000 for a single facility
72unless the department makes a determination that it is cost-
73effective and environmentally beneficial to exceed this amount,
74but in no event shall the department authorize costs in excess
75of $100,000 for a single facility. Department funding for
76limited interim soil-source removals associated with Department
77of Transportation projects and secondary containment upgrades
78shall be limited to supplemental soil assessment, soil
79screening, soil removal, backfill material, treatment or
80disposal of the contaminated soil, dewatering related to the
81contaminated soil removal in an amount of up to 10 percent of
82the total interim soil-source removal project costs, treatment,
83and disposal of the contaminated groundwater and preparation of
84the source removal report. No other costs associated with the
85facility upgrade may be paid with department funds. No more than
86$1 million for Department of Transportation limited source
87removal projects and $10 million for secondary containment
88upgrade limited source removal projects conducted in advance of
89the priority order established under paragraph (a) for site
90cleanup activities shall be encumbered from the Inland
91Protection Trust Fund in any fiscal year. This subparagraph is
92repealed effective June 30, 2010.
93 2.3. Once free product removal and other source removal
94identified in this paragraph are completed at a site, and
95notwithstanding the order established by the priority ranking
96system under paragraph (a) for site cleanup activities, the
97department may reevaluate the site to determine the degree of
98active cleanup needed to continue site rehabilitation. Further,
99the department shall determine if the reevaluated site qualifies
100for natural attenuation monitoring, long-term natural
101attenuation monitoring, or no further action. If additional site
102rehabilitation is necessary to reach no further action status,
103the site rehabilitation shall be conducted in the order
104established by the priority ranking system under paragraph (a).
105and The department shall is encouraged to utilize natural
106attenuation and monitoring strategies and, when cost-effective,
107transition sites eligible for restoration funding assistance to
108long-term natural attenuation monitoring where the plume is
109shrinking or stable and confined to the source property
110boundaries and the petroleum products' chemicals of concern meet
111the natural attenuation default concentrations, as defined by
112department rule. If the plume migrates beyond the source
113property boundaries, natural attenuation monitoring may be
114conducted in accordance with department rule, or if the site no
115longer qualifies for natural attenuation monitoring, active
116remediation may be resumed. For long-term natural attenuation
117monitoring, if the petroleum products' chemicals of concern
118increase or are not significantly reduced after 42 months of
119monitoring, or if the plume migrates beyond the property
120boundaries, active remediation shall be resumed as necessary.
121For sites undergoing active remediation, the department shall
122template the cost of natural attenuation monitoring pursuant to
123s. 376.30711 to ensure that site mobilizations are performed in
124a cost-effective manner. Sites that are not eligible for state
125restoration funding may transition to long-term natural
126attenuation monitoring using the criteria in this subparagraph.
127Nothing in this subparagraph precludes a site from pursuing a
128"No Further Action" order with conditions where site conditions
129warrant.
130 3. The department shall evaluate whether higher natural
131attenuation default concentrations for natural attenuation
132monitoring or long-term natural attenuation monitoring are cost-
133effective and would adequately protect public health and the
134environment. The department shall also evaluate site-specific
135characteristics that would allow for higher natural attenuation
136or long-term natural attenuation concentration levels.
137 4. A local government may not deny a building permit based
138solely on the presence of petroleum contamination for any
139construction, repairs, or renovations performed in conjunction
140with tank upgrade activities to an existing retail fuel facility
141if the facility was fully operational before the building permit
142was requested and if the construction, repair, or renovation is
143performed by a licensed contractor. All building permits and any
144construction, repairs, or renovations performed in conjunction
145with such permits must comply with the applicable provisions of
146chapters 489 and 553.
147 (11)
148 (b) Low-scored site initiative Nonreimbursable voluntary
149cleanup.-Notwithstanding s. 376.30711, any site For sites with
150releases reported prior to January 1, 1995, the department shall
151issue a determination of "No Further Action" at sites ranked
152with a total priority ranking score of 10 points or less may
153voluntarily participate in the low-scored site initiative,
154whether or not the site is eligible for state restoration
155funding.
156 1. To participate in the low-scored site initiative, the
157responsible party or property owner must affirmatively
158demonstrate that, which meet the following conditions are met:
159 a.1. Upon reassessment pursuant to department rule, the
160site retains a priority ranking score of 10 points or less No
161free product exists in wells, boreholes, subsurface utility
162conduits, or vaults or buildings and no other fire or explosion
163hazard exists as a result of a release of petroleum products.
164 b.2. No excessively contaminated soil, as defined by
165department rule, exists onsite as a result of a release of
166petroleum products.
167 c.3. A minimum of 6 months of groundwater monitoring
168indicates that the plume is shrinking or stable Public supply
169wells for consumptive use of water expected to be affected by
170the site shall not be located within a 1/2-mile radius of the
171site; private supply wells for consumptive use of water expected
172to be affected by the site shall not be located within a 1/4-
173mile radius of the site; and there must be no current or
174projected consumptive use of the water affected by the site for
175at least the following 3 years. Where appropriate, institutional
176controls meeting the requirements of subparagraph (5)(b)4. may
177be required by the department to meet these criteria.
178 d.4. The release of petroleum products at the site does
179shall not adversely affect adjacent surface waters, including
180their effects on human health and the environment.
181 e.5. The area of groundwater containing the petroleum
182products' chemicals of concern in concentrations greater than
183the boundary values defined in subparagraph 7. is less than one-
184quarter acre and is confined to the source property boundaries
185of the real property on which the discharge originated.
186 f.6. Soils onsite that are subject to human exposure found
187between land surface and 2 feet below land surface shall meet
188the soil cleanup target levels criteria established by
189department rule or human exposure is limited by pursuant to sub-
190subparagraph (5)(b)9.a. Where appropriate, institutional or
191engineering controls meeting the requirements of subparagraph
192(5)(b)4. may be required by the department to meet these
193criteria.
194 2. Upon affirmative demonstration of the conditions under
195subparagraph 1., the department shall issue a determination of
196"No Further Action." Such determination acknowledges that
197minimal contamination exists onsite and that such contamination
198is not a threat to human health or the environment. If no
199contamination is detected, the department may issue a site
200rehabilitation completion order.
201 3. Sites that are eligible for state restoration funding
202may receive payment of preapproved costs for the low-scored site
203initiative as follows:
204 a. A responsible party or property owner may submit an
205assessment plan designed to affirmatively demonstrate that the
206site meets the conditions under subparagraph 1. Notwithstanding
207the priority ranking score of the site, the department may
208preapprove the cost of the assessment pursuant to s. 376.30711,
209including 6 months of groundwater monitoring, not to exceed
210$30,000 for each site. The department may not pay the costs
211associated with the establishment of institutional or
212engineering controls.
213 b. The assessment work shall be completed no later than 6
214months after the department issues its approval.
215 c. No more than $10 million for the low-scored site
216initiative shall be encumbered from the Inland Protection Trust
217Fund in any fiscal year. Funds shall be made available on a
218first-come, first-served basis and shall be limited to 10 sites
219in each fiscal year for each responsible party or property
220owner.
221 7. Concentrations of the petroleum products' chemicals of
222concern in groundwater at the property boundary of the real
223property on which the petroleum contamination originates shall
224not exceed the criteria established pursuant to sub-subparagraph
225(5)(b)7.a. Where appropriate, institutional or engineering
226controls meeting the requirements of subparagraph (5)(b)4. may
227be required by the department to meet these criteria.
228 8. The department is authorized to establish alternate
229cleanup target levels for onsite nonboundary wells pursuant to
230the criteria in subparagraph (5)(b)8.
231 9. A scientific evaluation that demonstrates that the
232boundary criteria in subparagraph 7. will not be exceeded and a
2331-year site-specific groundwater monitoring plan approved in
234advance by the department validates the scientific evaluation.
235If the boundary criteria in subparagraph 7. are exceeded at any
236time, the department may order an extension of the monitoring
237period for up to 12 additional months from the time of the
238excess reading. The department shall determine the adequacy of
239the groundwater monitoring system at a site. All wells required
240by the department pursuant to this paragraph shall be installed
241before the monitoring period begins.
242 10. Costs associated with activities performed pursuant to
243this paragraph for sites which qualify for a determination of
244"No Further Action" under this paragraph shall not be
245reimbursable from the Inland Protection Trust Fund.
246 Section 2. This act shall take effect July 1, 2010.
CODING: Words stricken are deletions; words underlined are additions.
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