CS/CS/HB 1385

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