Amend existing rule to incorporate additional noticing provisions enacted by the 2005 Florida Legislature (HB 937).

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO: RULE TITLE
62-785.220: Notices
62-785.900: Forms
PURPOSE AND EFFECT: Amend existing rule to incorporate additional noticing provisions enacted by the 2005 Florida Legislature (HB 937).
SUMMARY: Adds language to the rule to reflect legislative changes. Clarifies duties of school boards in providing notice to teachers and parents.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The proposed rule changes, which add additional notice requirements regarding contaminated sites for Persons Responsible for Site Rehabilitation (to notify lessees and tenants) and for school boards (to notify teachers and parents or guardians of students), are mandated by statutory changes adopted in 2005. The Department believes that the regulatory costs of notification have been minimized to the extent possible.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 376.30702, 376.81, 403.7255 FS.
LAW IMPLEMENTED: 376.30702, 376.81, 403.7255 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Brian Dougherty, [phone], [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

 

62-785.220 Notices.

(1) No change.

(2) Initial Notice of Contamination Beyond Property Boundaries. At any time during site rehabilitation conducted pursuant to this chapter, if the PRFBSR, its authorized agent, or other representative discovers from laboratory analytical results that comply with appropriate quality assurance protocols pursuant to Chapter 62‑160, F.A.C., that contamination [as defined in subsection 62‑785.200(13), F.A.C.] exists in any medium beyond the boundaries of the property at which site rehabilitation was initiated pursuant to this chapter, the PRFBSR shall give actual notice as soon as possible, but no later than 10 days from such discovery, to the Division of Waste Management at the Department’s Tallahassee Office. The actual notice shall be provided on Form 62‑785.900(3) titled “Initial Notice of Contamination Beyond Property Boundaries,” effective date           , hereby adopted and incorporated by reference. Copies of this form are available from the Department of Environmental Protection, Bureau of Waste Cleanup, MS 4505, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400. The form shall be and mailed to the Department by “Certified Mail, Return Receipt Requested.” A copy of such notice shall be mailed simultaneously to the appropriate Department District Office, and to the County Health Department and to all known lessees and tenants of the property at which site rehabilitation was initiated. The notice shall include the following information:

(a) The location of the property at which site rehabilitation was initiated pursuant to this chapter and contact information for the PRFBSR, its authorized agent, or other representative;

(b) A listing of all record owners of any real property, other than the property at which site rehabilitation was initiated pursuant to this chapter, at which contamination has been discovered; the parcel identification number for any such real property; the owner’s address listed in the current county property tax office records; and the owner’s telephone number. This paragraph does not apply to notice provided to the lessees and tenants of the property at which site rehabilitation was initiated pursuant to this chapter;

(c) Separate table(s) by medium (groundwater, soil, surface water, or sediment) that list all the sampling locations; sampling date(s); names of contaminants detected above CTLs; their corresponding CTLs; the contaminant concentration(s); and whether the CTL is based on health or nuisance, organoleptic, or aesthetic concerns; and

(d) A vicinity map that shows all of the sampling locations with corresponding laboratory analytical results and the date(s) on which the sample(s) was (were) collected, and that identifies the property boundaries of the property at which site rehabilitation was initiated pursuant to this chapter and the other property(ies) at which contamination has been discovered during such site rehabilitation.

(3) through (5) No change.

(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 paragraphs 62-785.220(2)(a), (c) and (d), F.A.C. 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.

Specific Authority 376.30702, 376.81, 403.7255 FS. Law Implemented 376.30702, 376.81, 403.7255 FS. History–New 4-17-05, Amended________.

 

62-785.900 Forms.

The forms used by the Department or by the delegated local program in the Brownfields Cleanup Criteria program are adopted and incorporated by reference in this rule. Each form is listed by rule number, which is also the form number, and with the subject, title, and effective date. Copies of forms may be obtained by writing to the Department of Environmental Protection, Bureau of Waste Cleanup, MS 4505, 2600 Blair Stone Road, Tallahassee, FL 32399-2400; to the applicable local district office of the Department; or to the applicable delegated local program.

(1) through (2) No change.

(3) Form 62-785.900(3), Initial Notice of Contamination Beyond Property Boundaries (effective________April 17, 2005).

(4) through (5) No change.

Specific Authority 376.30702, 376.81 FS. Law Implemented 376.30702, 376.81 FS. History–New 7-6-98, Amended 8-5-99, 4-17-05,________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Mary Jean Yon, Director, Division of Waste Management
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Mimi A. Drew, Deputy Secretary for Regulatory Programs and Energy
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 20, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: May 26, 2006