Florida Department of Environmental Florida Department of Environmental Protection Protection Petroleum Cleanup Program Petroleum Cleanup Program Contamination Notification Contamination Notification Training Training February 2009 February 2009 Charles T. Williams Charles T. Williams Environmental Administrator Environmental Administrator Petroleum Cleanup Section One Petroleum Cleanup Section One Bureau of Petroleum Storage Systems Bureau of Petroleum Storage Systems 1
Transcript
Florida Department of Environmental Protection Florida Department of Environmental Protection Petroleum Cleanup Program Petroleum Cleanup Program
Charles T. WilliamsCharles T. WilliamsEnvironmental AdministratorEnvironmental AdministratorPetroleum Cleanup Section OnePetroleum Cleanup Section OneBureau of Petroleum Storage SystemsBureau of Petroleum Storage Systems
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Contamination Notification Contamination Notification TrainingTrainingI.I. Types of Contamination Notification Types of Contamination Notification
• Initial Notice of ContaminationInitial Notice of Contamination
•Subsequent Notice for TPOCSubsequent Notice for TPOC
•Noticing for School PropertiesNoticing for School Properties
III.III. Changes From Prior Noticing Changes From Prior Noticing Guidance Guidance
IV.IV. Specific Noticing Requirements Specific Noticing Requirements 22
Types of Contamination Types of Contamination NotificationNotification
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• Initial Notice of Contamination Beyond Initial Notice of Contamination Beyond Property Boundaries Property Boundaries – By Person Responsible for Site Rehabilitation By Person Responsible for Site Rehabilitation
(PRSR) to DEP/CHD/T&L of Source Property(PRSR) to DEP/CHD/T&L of Source Property– By DEP to Record Property Owners (RPOs)By DEP to Record Property Owners (RPOs)
• Subsequent Notice of Contamination Subsequent Notice of Contamination Beyond Property Boundaries for TPOC Beyond Property Boundaries for TPOC – By PRSR to RPOs/CHDBy PRSR to RPOs/CHD
• Notice of Contamination at a School as Notice of Contamination at a School as Defined in Section 1003.01, F.S. Defined in Section 1003.01, F.S. – By DEP to School Board Chair By DEP to School Board Chair
– Subsection 2): Initial Notice of ContaminationSubsection 2): Initial Notice of Contamination•10 days - PRSR notice to DWM/Dist/CHD/Source 10 days - PRSR notice to DWM/Dist/CHD/Source
T&L T&L
– Subsection 3): Department’s Noticing Subsection 3): Department’s Noticing Responsibilities (Responsibilities (Initial & School Board Initial & School Board NoticesNotices))•30 days - DEP notice to RPOs & school board chair30 days - DEP notice to RPOs & school board chair
•30 days - School board chair notice to P/T/G’s30 days - School board chair notice to P/T/G’s
•Repeat Every Year – School board notice to P/T/G’s Repeat Every Year – School board notice to P/T/G’s
Changes From Prior Noticing Changes From Prior Noticing GuidanceGuidance
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• 11/14/08 DWM Guidance Supersedes 11/14/08 DWM Guidance Supersedes Prior Version Dated 12/21/07Prior Version Dated 12/21/07
• State-Funded Cleanup Sites OnlyState-Funded Cleanup Sites Only– If no plume map, initial notice expanded to If no plume map, initial notice expanded to
include properties within 250’ radius of include properties within 250’ radius of confirmed samples *(GW & SW only, not Soil)confirmed samples *(GW & SW only, not Soil)
– Initial notice for suspected properties (plume Initial notice for suspected properties (plume map & 250’ radius) expanded to residents, map & 250’ radius) expanded to residents, tenants & non-occupant RPOstenants & non-occupant RPOs
– Initial notice update required if no TPOC Initial notice update required if no TPOC notice or SRCO issued within 5 years of notice or SRCO issued within 5 years of originaloriginal
Changes From Prior Noticing Changes From Prior Noticing GuidanceGuidance
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• Non-Program SitesNon-Program Sites– If SM anticipates need in community with If SM anticipates need in community with
exceptional interest in contamination, may exceptional interest in contamination, may recommend that PRSR provide expanded recommend that PRSR provide expanded noticenotice• If PRSR does not comply, District Director may If PRSR does not comply, District Director may
recommend by Department recommend by Department
• School Sites (regardless of PRSR status)School Sites (regardless of PRSR status)– Expanded to include private schools K-12Expanded to include private schools K-12
•Recommend they notify P/T/G’s Recommend they notify P/T/G’s
– Expanded to include schools with suspected Expanded to include schools with suspected contamination based on s&s plume mapcontamination based on s&s plume map•Recommend they notify P/T/G’sRecommend they notify P/T/G’s
Initial Notice of ContaminationInitial Notice of Contamination
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• PRSR Notifies DEP-DWM Within 10 days of PRSR Notifies DEP-DWM Within 10 days of Initial Discovery of Contamination Beyond Initial Discovery of Contamination Beyond Boundaries - Form 62-770.900 (3), F.A.C.Boundaries - Form 62-770.900 (3), F.A.C.
• PRSR Provides Copy of Same Notice to the PRSR Provides Copy of Same Notice to the DEP District, County Health Department DEP District, County Health Department (Environmental Health Director) (Environmental Health Director) & Lessees and & Lessees and Tenants of the Tenants of the Cleanup SiteCleanup Site Property Property ConcurrentConcurrent w/Notice to DEP-DWM w/Notice to DEP-DWM– Note copy to lessees & tenants Note copy to lessees & tenants excludesexcludes off- off-
site property information (page two of Form)site property information (page two of Form)
Initial Notice of ContaminationInitial Notice of Contamination
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• Statute & Rule Require PRSR to Submit Statute & Rule Require PRSR to Submit “Initial Notice” for Properties “Confirmed” “Initial Notice” for Properties “Confirmed” above CTLs Based on Lab Analytical Resultsabove CTLs Based on Lab Analytical Results
• Statute & Rule Require DEP to Send Copy of Statute & Rule Require DEP to Send Copy of Initial Notice (or its equivalent) to RPOs of Initial Notice (or its equivalent) to RPOs of “Confirmed” Properties Within 30 Days“Confirmed” Properties Within 30 Days
• For Active State-Funded Cleanup Sites, the For Active State-Funded Cleanup Sites, the DEP Site Manager Fills the Role of the PRSR, DEP Site Manager Fills the Role of the PRSR, But May Task Preapproval ContractorBut May Task Preapproval Contractor– Template B.5: Notice of Disc. of Cont. Package Template B.5: Notice of Disc. of Cont. Package
(Initial or TPOC) - $270.59(Initial or TPOC) - $270.59
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Initial Notice of ContaminationInitial Notice of Contamination
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• State-Funded Cleanup Sites are Subject to State-Funded Cleanup Sites are Subject to “Expanded Initial Notice” per DWM “Expanded Initial Notice” per DWM GuidanceGuidance
• Two Types of Expanded NoticeTwo Types of Expanded Notice– Properties “Suspected” to be contaminated Properties “Suspected” to be contaminated
above CTLs in any media based on a plume map above CTLs in any media based on a plume map signed and sealed by a Fla. licensed P.G. or P.E.signed and sealed by a Fla. licensed P.G. or P.E.•Site ManagersSite Managers are required to identify these are required to identify these
propertiesproperties
– If plume map not yet available, properties within If plume map not yet available, properties within a “250-Foot Radius” of the location of each a “250-Foot Radius” of the location of each “Confirmed” off-site sample “Confirmed” off-site sample (GW or SW only)(GW or SW only)•YorkYork will identify these properties will identify these properties
Initial Notice of ContaminationInitial Notice of Contamination
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• Expanded Initial Notices Sent to: Expanded Initial Notices Sent to: – Residents, Tenants & Non-Occupant RPOsResidents, Tenants & Non-Occupant RPOs– York will determine these entitiesYork will determine these entities
• Other Expanded Initial Notice ProvisionsOther Expanded Initial Notice Provisions– If property has multiple or large buildings, If property has multiple or large buildings,
only current residents, tenants and non-only current residents, tenants and non-occupant RPOs of those buildings or units occupant RPOs of those buildings or units within large buildings that fall within 250 within large buildings that fall within 250 feet of confirmed sample location require feet of confirmed sample location require expanded noticeexpanded notice
– If TPOC notice or SRCO have not been issued If TPOC notice or SRCO have not been issued within 5 years, require updated initial notice within 5 years, require updated initial notice
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Initial Notice Form – 62-Initial Notice Form – 62-770.900(3)770.900(3)
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• Attach “Contaminant Data Tables” for Attach “Contaminant Data Tables” for Each Contaminated Medium (groundwater, Each Contaminated Medium (groundwater, soil, surface water or sediment) Listing:soil, surface water or sediment) Listing:– Sample locations & datesSample locations & dates– Names of COCs detected above CTLsNames of COCs detected above CTLs– The corresponding CTLThe corresponding CTL
• If multiple CTLs exceeded, list health based CTL If multiple CTLs exceeded, list health based CTL
•Toluene (40/1400), Ethylbenzene (30/700), Total Toluene (40/1400), Ethylbenzene (30/700), Total Xylenes (20/1400), Acenaphthene (20/420)Xylenes (20/1400), Acenaphthene (20/420)
– The reason for the CTL The reason for the CTL •Health Based or Taste & Odor for groundwaterHealth Based or Taste & Odor for groundwater
•Leachability or Residential Direct Exposure for soil Leachability or Residential Direct Exposure for soil
Initial Notice Form – 62-Initial Notice Form – 62-770.900(3)770.900(3)
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• Attach Copies of Analytical ReportsAttach Copies of Analytical Reports
• Attach Vicinity Map Showing:Attach Vicinity Map Showing:– Locations, dates, types of samples collectedLocations, dates, types of samples collected– Analytical results for each sample Analytical results for each sample – Property boundaries of cleanup siteProperty boundaries of cleanup site– Real properties at which contamination was Real properties at which contamination was
discovereddiscovered
• Enter Information for Cleanup SiteEnter Information for Cleanup Site– Property address & DEP Facility #Property address & DEP Facility #– Property owner name & contact informationProperty owner name & contact information
Initial Notice Form – 62-Initial Notice Form – 62-770.900(3)770.900(3)
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• Enter Information Regarding Actions Taken in Enter Information Regarding Actions Taken in Response to Discovered ContaminationResponse to Discovered Contamination– Cleanup actionsCleanup actions– Offer/provide alternate water supplyOffer/provide alternate water supply
• Complete Separate Page Two for Each Parcel Complete Separate Page Two for Each Parcel at Which Contamination was Discovered*:at Which Contamination was Discovered*:– Property address and parcel ID#Property address and parcel ID#– Names, address and phone # of record owner(s)Names, address and phone # of record owner(s)– Date contamination discovered on that propertyDate contamination discovered on that property
• Site Manager Should Sign Form as PRSRSite Manager Should Sign Form as PRSR
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Subsequent Notice for TPOCSubsequent Notice for TPOC
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• Sections 62-770.690 & .700 Require DEP Sections 62-770.690 & .700 Require DEP Approval to Establish a TPOC During:Approval to Establish a TPOC During:– Natural Attenuation Monitoring; or Natural Attenuation Monitoring; or – Active RemediationActive Remediation
• Prior to DEP Approval of NAMP or RAP, Prior to DEP Approval of NAMP or RAP, PRSR Must Provide Actual Notice to:PRSR Must Provide Actual Notice to:– County Health Department; andCounty Health Department; and– All RPOs of property into which TPOC is All RPOs of property into which TPOC is
allowed to extend allowed to extend • Includes Includes confirmed and suspectedconfirmed and suspected based on based on
plume maps from reports signed & sealed by plume maps from reports signed & sealed by Fla. P.G. or PE. Fla. P.G. or PE.
Subsequent Notice for TPOCSubsequent Notice for TPOC
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• TPOC Notices Must Include:TPOC Notices Must Include:– Proposed agency actionProposed agency action– Location of cleanup siteLocation of cleanup site– Name & address of PRSRName & address of PRSR– Location of relevant technical documentsLocation of relevant technical documents– Name & address of DEP or LP Site ManagerName & address of DEP or LP Site Manager– Paragraph including statement “Persons Paragraph including statement “Persons
receiving this notice shall have the receiving this notice shall have the opportunity to comment on the opportunity to comment on the Department’s proposed action within 30 Department’s proposed action within 30 days of receipt of this notice”days of receipt of this notice”
Subsequent Notice for TPOCSubsequent Notice for TPOC
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• PRSR Must Provide Copies of All TPOC PRSR Must Provide Copies of All TPOC Notices to DEP as Proof of ComplianceNotices to DEP as Proof of Compliance
• For Active State-Funded Cleanup Sites, For Active State-Funded Cleanup Sites, the DEP Site Manager Fills the Role of the DEP Site Manager Fills the Role of the PRSR, But May Task Preapproval the PRSR, But May Task Preapproval ContractorContractor– Template B.5: Notice of Disc. Of Cont. Template B.5: Notice of Disc. Of Cont.
Package (Initial or TPOC) - $270.59Package (Initial or TPOC) - $270.59– TPOC notices are handled at Site Manager TPOC notices are handled at Site Manager
level and do not involve DWM or Yorklevel and do not involve DWM or York
Subsequent Notice for TPOCSubsequent Notice for TPOC
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• Additional TPOC Notice Must Be Additional TPOC Notice Must Be ProvidedProvided– Once Every 5 Years Updating the Status of Once Every 5 Years Updating the Status of
Site Rehabilitation to the Same Classes of Site Rehabilitation to the Same Classes of Persons Who Received the First TPOC Persons Who Received the First TPOC Notice, Unless They Have Been Informed Notice, Unless They Have Been Informed That the Contamination No Longer Affects That the Contamination No Longer Affects Their PropertyTheir Property
• TPOC Wells Do Not Need to be BDLTPOC Wells Do Not Need to be BDL– If clean enough to consider plume If clean enough to consider plume
delineation complete (very low levels) OK delineation complete (very low levels) OK to use for TPOCto use for TPOC
Department’s Statutory Noticing Department’s Statutory Noticing Requirements For School Requirements For School
PropertiesProperties
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• If Contamination is Discovered at the Site If Contamination is Discovered at the Site of a School of a School ((originated or migratedoriginated or migrated) ) as as Defined in Section 1003.10, F.S., Defined in Section 1003.10, F.S., Department Must Send Notice to the Chair Department Must Send Notice to the Chair of the School Boardof the School Board– K-12 public schools, charter schools and schools K-12 public schools, charter schools and schools
that include McKay Scholarship studentsthat include McKay Scholarship students– Notice directs the school board to provide Notice directs the school board to provide
actual notice to teachers and parents or actual notice to teachers and parents or guardians of students attending schoolguardians of students attending school
– Notice shall include sources of additional Notice shall include sources of additional information and phone number for inquiries information and phone number for inquiries
Department’s Statutory Noticing Department’s Statutory Noticing Requirements For School Requirements For School
PropertiesProperties
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• School Board Notices From DEP to the School Board Notices From DEP to the School Board School Board – Must Include the Same Information Meet Must Include the Same Information Meet
the Same Turnaround Time as the “Initial the Same Turnaround Time as the “Initial Notice of Discovery”Notice of Discovery”
• School Board Notices to P/T/G’sSchool Board Notices to P/T/G’s– Must Include the Same Information as the Must Include the Same Information as the
“Initial Notice of Discovery” and be “Initial Notice of Discovery” and be Provided at Least Annually During Site Provided at Least Annually During Site Rehabilitation Rehabilitation (updated as appropriate)(updated as appropriate)
Department’s Statutory Noticing Department’s Statutory Noticing Requirements For School Requirements For School
PropertiesProperties
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• Site Managers Should Alert the BPSS Site Managers Should Alert the BPSS BCO When Contamination is BCO When Contamination is Discovered at the Site of a School Discovered at the Site of a School (public or private)(public or private)– This can be accomplished using the This can be accomplished using the
“Contamination Notification Checklist for “Contamination Notification Checklist for Active State-Funded Cleanup Sites” if Active State-Funded Cleanup Sites” if associated with an “Initial Notice” associated with an “Initial Notice” package.package.
DWM’s Expanded Noticing DWM’s Expanded Noticing Requirements For School Requirements For School
PropertiesProperties
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• If the Site at Which Contamination is If the Site at Which Contamination is Discovered is a Private School K-12Discovered is a Private School K-12– The Department will send a notice to the The Department will send a notice to the
governing board, principal or owner and governing board, principal or owner and recommend that they send a copy to P/T/G’srecommend that they send a copy to P/T/G’s
• If Contamination is Suspected but Not If Contamination is Suspected but Not Confirmed at School Site (including Confirmed at School Site (including private)private)– The Department will also send a notice The Department will also send a notice
recommending that they send a copy to recommending that they send a copy to P/T/G’sP/T/G’s
