62-780.220. Notices

(1) Notice of Field Activities. Within the time frames specified in Table A (located at the end of rule 62-780.900, F.A.C.) or the CAD, the PRSR, its agent, or authorized representative shall provide written notice to the Department prior to performing field activities such as interim source removal activities, installing monitoring or recovery well(s), performing sampling, installing remediation equipment, or installing an engineering control. Personnel from the Department shall be allowed the opportunity to observe these field activities and to take sub-samples. If the Department chooses to be present when field activities are being performed, the Department shall be responsible for confirming that the field activities are being performed in accordance with the schedule provided in the written notification.

(2) Initial Notice of Contamination Beyond Property Boundaries. Section 376.30702, F.S., provides specific notice requirements upon a PRSR’s discovery from laboratory analytical results that comply with appropriate quality assurance protocols pursuant to chapter 62-160, F.A.C., that contamination exists in any medium beyond the boundaries of the property at which site rehabilitation was initiated pursuant to this chapter. Upon such discovery, the PRSR shall notify the FDEP as soon as possible, but not later than 10 days after discovery. The notice shall be provided on Form 62-780.900(1) titled “Initial Notice of Contamination Beyond Property Boundaries” effective date 6-12-13, hereby adopted and incorporated by reference (http://www.flrules.org/Gateway/reference.asp?No=Ref-01488). Forms may be obtained from the Division of Waste Management website at www.dep.state.fl.us/waste. The PRSR shall simultaneously mail a copy of such notice to the appropriate FDEP district office, county health department, and all known lessees and tenants of the source property. Refer to section 376.30702(2), F.S., for additional details about this requirement and the information that must be included in the notice.

(3) Subsequent Notice of Contamination Beyond Source Property Boundaries for Establishment of a Temporary Point of Compliance (TPOC). Pursuant to section 376.30701(2)(b), F.S., prior to the Department authorizing a temporary extension of the point of compliance beyond the boundary of the source property (i.e., the location from which the contamination originates) in conjunction with Natural Attenuation Monitoring pursuant to rule 62-780.690, F.A.C., or Active Remediation pursuant to rule 62-780.700, F.A.C., the PRSR shall provide “actual notice” to local governments and the owners of any property into which the point of compliance is allowed to extend and “constructive notice” to residents and business tenants of the property into which the point of compliance is allowed to extend. Persons receiving such notice shall have the opportunity to comment within 30 days after receipt of the notice. For the purposes of this rule 62-780.220, F.A.C., “actual notice” and “constructive notice” shall mean as follows:

(a) Actual notice in written form mailed by “Certified Mail, Return Receipt Requested” or other form of delivery that provides confirmation of receipt to the appropriate County Health Department and all record owners of any real property into which the point of compliance is allowed to extend (mailed to the owner’s address listed in the current county property tax office records). The notice shall include the following information:

1. The type of proposed agency action (i.e., temporary extension of the point of compliance),

2. A description of the location of the subject site and the name and address of the PRSR,

3. The location where complete copies of any relevant documents concerning the site and the proposed remedial strategy, including temporary extension of the point of compliance, are available for public inspection,

4. The name and address of a contact person at the Department who is the project manager for the site rehabilitation, to whom comments should be directed, and from whom copies of the Department’s actions regarding the site may be requested; and,

5. A paragraph including the statement: “Persons receiving this notice shall have the opportunity to comment on the Department’s proposed action within 30 days of receipt of the notice.” For purposes of actual notice, the 30-day comment period shall commence on the delivery date stamped on the return receipt; and,

(b) Constructive notice to residents [if different from the real property owner(s) notified pursuant to paragraph 62-780.220(3)(a), F.A.C.] and business tenants of any real property into which the point of compliance is allowed to extend. Such constructive notice is not required for site rehabilitation being conducted for petroleum or petroleum products contamination not associated with a brownfield site. Such constructive notice, which shall include the same information as required in the actual notice, shall be provided by complying with the following:

1. Publishing the notice one time, at least two columns wide by 10 inches long with a headline in a type no smaller than 18-point font and the body of the notice in a type no smaller than 10-point font, in a standard-size newspaper of general circulation,

2. Including a statement in the notice indicating the 30-day deadline by which comments must be received. For purposes of constructive notice, the 30-day comment period shall commence on the date the notice is published in the newspaper.

(c) Copies of notices, both actual and constructive, must be provided to the Department as proof of compliance with this subsection. For purposes of the constructive notice, the PRSR shall provide a copy of the version printed in the newspaper or submit the actual newspaper page itself.

(4) Status Update 5-Year Notice. When utilizing a TPOC beyond the boundary of the source property to facilitate natural attenuation monitoring or active remediation, an additional notice concerning the status of the site rehabilitation shall be similarly provided every five years to the classes of persons who received notice pursuant to subsection 62-780.220(3), F.A.C., unless in the intervening time, such persons have been informed that the contamination no longer affects the property into which the point of compliance was allowed to extend.

(5) Warning Signs at Hazardous Waste Sites. At sites where a risk of exposure to the public exists due to contamination of the soil, sediment, or surface water with hazardous waste as defined in section 403.703(13), F.S., the PRSR shall place warning signs pursuant to section 403.7255, F.S.

(6) Notice Requirements for Schools. If the property at which contamination has been discovered is the site of a school as defined in section 1003.01, F.S., regardless of whether the school property is the site at which site rehabilitation was initiated, then the school board of the district in which the property is located shall provide actual notice of the contamination to teachers and parents or guardians of students attending the school during the period of site rehabilitation. Such notice must be provided within 30 days of discovery or receipt of notification from the Department, whichever is earlier, and shall conform to the requirements in sections 376.30702(2)(a), (c), and (d), F.S. At least annually during the period of site rehabilitation, the school board of the district in which the property is located shall continue to provide such actual notice of the contamination, updated as appropriate, to teachers and parents or guardians of students attending the school. A representative copy of all notices shall be submitted to the Department at the time the notice is provided to the teachers and parents or guardians.

(7) Notice Requirements for Closure Using Institutional, Engineering Controls or Alternative CTLs. Sections 376.30701(2)(c) and (d), F.S., provide specific notice requirements for conditional closure using institutional controls, engineering controls or alternative CTLs. Prior to the Department’s approval of institutional controls, institutional and engineering controls, or alternative CTLs, the PRSR shall mail notice of the Department’s intent for such approval to the local government(s) with jurisdiction over the property(ies) subject to the institutional or engineering control, to real property owner(s) of any property subject to the institutional or engineering control, to any resident or business tenant, and to any party holding a materially affected encumbrance in the area subject to the control (see the Institutional Control Procedures Guidance referenced in subsection 62-780.100(7), F.A.C., for guidance). Notice mailed to the registered agent of any party, if applicable, shall be sufficient notice for the purposes of this subsection. Where there are multiple residences (e.g., a condominium), businesses or tenants on any property subject to the institutional or engineering control, the PRSR may publish notice in lieu of mailing to such residences, businesses or tenants. The notice shall be mailed or published by the PRSR within 30 days after the Department’s provisional approval of the No Further Action Proposal with institutional or engineering controls. The PRSR shall provide the Department with a copy of the mailed notice and a list of names and addresses to whom the notice was sent and the date it was sent. For published notice, proof of such notice that meets the requirements of subsections 62‑110.106(5), (8) and (9), F.A.C., shall be provided. The notice shall provide the local government(s) with jurisdiction over the property(ies) subject to the control(s), real property owner(s) of any property subject to the control(s), and residents of any property subject to the control(s), any party holding an easement for the area subject to the control(s), and business tenants of any property subject to the controls, the opportunity to comment to the Department within 30 days after receipt of the notice of the Department’s intent of approval. For a description of the agency action proposed, the notice shall contain “to issue a Site Rehabilitation Completion Order with institutional controls for a contaminated site.” Additionally, the notice of rights language shall be replaced with “Local governments, real property owner(s) of any property subject to the institutional or engineering control, and residents of any property subject to the institutional or engineering control have 30 days from receipt (or publication) of this notice to provide comments to the Department.” The notice shall also provide the appropriate mailing address and, if warranted, electronic mail address to which comments should be sent. See subsection 62-780.100(7), F.A.C., Institutional Controls Procedures Guidance, for sample notice templates.

Rulemaking Authority 376.303, 376.3071, 376.30701, 376.30702, 376.3078(4), 376.81, 403.7255 FS. Law Implemented 376.3071, 376.30701, 376.30702, 376.3078(4), 376.81, 403.7255 FS. History–New 4-17-05, Amended 12-27-07, 6-12-13, 2-2-17.
Editorial Note: Portions of this rule were copied from rule 62-770.220; 62-782.220; and 62-785.220, F.A.C.