Initial Notice of Contamination Beyond Property Boundaries
Two types of actual notice of contamination beyond property boundaries are required to be submitted by the Person Responsible for Site Rehabilitation (PRSR) or their agent to the FDEP’s Division of Waste Management within 10 days of initial discovery that contamination has migrated beyond the boundaries of the property at which a site investigation is being performed.
Upon such discovery, the PRSR shall notify the FDEP as soon as possible, within 10 days of discovery.
A) Initial Notice of Contamination (INOC) Pursuant to Section 376.30702, F.S. and Section 62-780.220, F.A.C.
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.
The notice shall be provided on Form 62-780.900(1) titled “Initial Notice of Contamination Beyond Property Boundaries” effective date 6-12-13. Notification forms may be obtained from the Division of Waste Management(DWM) website. 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.
B) And/or Expanded Notification per DWM Guidance Memo dated November 14, 2008 for State–Funded Sites When the Department Acts as PRSR.
State-Funded cleanup sites are subject to “Expanded Initial Notice” per DWM Guidance.
Types of Sites Subject to Expanded Initial Notice:
Properties “suspected” of being contaminated above CTLs in any media based on a plume map signed and sealed by a Fla. licensed P.G. or P.E. Site Managers are required to identify these properties and prepare a INOC package.
If a plume map is not yet available, properties within a “250-Foot Radius” of the location of each “confirmed” off-site sample (GW only). Admin Contract will identify these properties and prepare the noticing for these properties.
Site Managers will include the following in a Noticing Package:
INOC Beyond Property Boundaries, Specific requirements are listed in the form: 62-780.900(1). Note: “Page 2” is to be completed for each off-site property.
Names of Contaminants of Concern (COCs) detected above Cleanup Target Levels (CTLs),
The corresponding CTL,
If multiple CTLs are exceeded, list health-based CTL.
Plume map(s), a vicinity map that shows the locations of the samples collected on the offsite properties.
Sampling dates and types of samples collected, analytical results and property boundaries, Use the Checklist.
Site Managers will send the Noticing Packages to:
The appropriate DEP District office,
County Health Department (Environmental Health Director),
Lessees and Tenants of the Cleanup Site Property (excludes off-site property information (page two of Form)).
Admin Contract’s Role:
Review packages received from PRSR,
QA file including maps, tables, property ownership records,
Send out Initial Notice of Contamination letters in weekly mail-out,
Please note that the Admin Contract staff is not tasked to perform technical reviews or make technical decisions. Site Managers make sure that the package submitted has the correct data and the necessary documentation.
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:
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:
The type of proposed agency action (i.e., temporary extension of the point of compliance);
A description of the location of the subject site and the name and address of the PRSR;
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;
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
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
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. Constructive notice is required for brownfield sites. Constructive notice is not normally required for petroleum products contamination but may be requested by management.
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.
Please note that TPOC is actually a composite line that represents the maximum extent of the GCTL lines for all contaminants of concern in all aquifer zones and is the line that the RP is accepting responsibility for site rehabilitation of all properties within.
Requirements for Establishment of a Temporary Point of Compliance (TPOC)
Review and acceptance of Remedial Action Plan (RAP) or Natural Attenuation Monitoring Plan (NAMP) with a proposed TPOC.
TPOC notice letters sent by the PRSR via Certified Mail, Return Receipt Requested or Other form of delivery that provides confirmation of receipt.
Allow for 30-day comment period.
If changes are necessary to the TPOC or a different remedy is selected, then return to Step 2.
RAP or NAMP approval order issued with a TPOC.
TPOC Notice Should be Sent to:
County Health Department;
Local Governments; and
All owners of any real property into which the point of compliance is allowed to extend.
INOC or TPOC Packages are prepared by the Site Manager or Contractor (if authorized by the Site Manager). The pay item 1-3 is approved when a Contractor is tasked to prepare the package. Only one unit of the line item for INOC or TPOC will be approved in the purchase order. Contractors are to submit the package to the Site Manager not the INOC coordinator. Site Manager is responsible for the accuracy of the package and must review the package received from the Contractor. Once the package is complete and correct then the Site Manager forwards the package to the INOC coordinator.
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. This is to be done by the site manager.
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 Section 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.
Site Managers will:
Prepare a short site-historical summary;
Include a site map showing the locations of contaminated media, monitoring wells and soil borings;
Complete and attach “Contaminant Data Tables” for each contaminated medium (groundwater, soil, surface water or sediment).
Send the above materials to PRP Noticing Coordinator.
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 institutional and engineering control, to real property owner(s) of any property subject to the institutional or institutional and 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 institutional and 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 institutional and 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.
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