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HomeMy WebLinkAboutExhibit 1 - Version AFlorida Statute 376.77-85 Brownfield Redevelopment Act And e of Florida Summary information on the Program Statutes & Constitution :View Statutes : Online Sunshine Page 1 of 1 Select Year: The 2013 Florida Statutes 2013 Go Title XXVII Chapter 376 View Entire NATURAL RESOURCES; CONSERVATION, POLLUTANT DISCHARGE Chapter RECLAMATION, AND USE PREVENTION AND REMOVAL 376.77 Short title. -Sections 376.77-376.85 may be cited as the "Brownfields Redevelopment Act." History.—s. 1, ch. 97-277; s. 1, ch. 98-75. Copyright 0 1995-2013 The Florida Legislature • Privacy Statement • Contact Us http://wvvw.leg.state.itus/Statutes/index,cfm?App_mode=Display_Statute&Seare _String... 9/20/2013 Statutes & Constitution Niemv Stotutum : Online Sunshine Page ] of Select Year: T�� cu�2(]13 Florida Statutes TitleXXVU Chapter 376 View Entire NATURAL RESOURCES; CONSERVATION, POLLUTANT DISCHARGE Chapter RECLAMATION, AND USE PREVENTION AND REMOVAL ' 376.78 Legislative intent. —The Legislature finds and declares the following: (1) The reduction of public health and environmental hazards on existing commercial and industrial sites is vital to their use and reuse as, sources, of employment, housing, recreation, and open spare areas. The reuse of industrial land is an important component of sound [and use policy for productive urban purposes which will help prevent the premature development of farmland, open space areas' and natural areas, and reduce public costs for installing new water' sewer, and highway infrastructure. (I) The abandonment Orumderuoe of brnwmfieid sites also results in the inefficient use o[public facilities and services, aswelt as land and other natural resources, extends conditions OfbNghtiniocai communities, and contributes to concerns about environmental equity and the distribution of environmental risks across population groups. (3) Incentives should be put in piace to encourage responsible persons, tovoluntarily develop and implement cleanup plans without the use of taxpayer funds or the need for enforcement actions by state and [ocai governments. (4) Environmental and public health hazards cannot be eliminated without clear, predictable remediation standards that provide for the protection ofthe environment and public health. (5) Site rehabilitation should be based on the actual risk that contamination may pose to the environment and public health, taking into account current and future land and water use and the degree to which contamination may spread and place the public orthe environment at risk. (6) According tothe statistical proximity study contained in the final report of the Environmental Equity and Justice Commission, minority and low-income communities are disproportionately impacted by targeted environmentally hazardous sites. The resu(tsindicat8 the need for the health and rink exposure assessments ofminority and poverty populations, around environmentally hazardous sites inthis state. Redevelopment of hazardous sites should address questions relating to environmental and health consequences. (7) Environmental justice considerations should be inherent in meaningful public participation elements of brownfietds redeveimpment program, (8) The existence ofbrownfieWswithin a community may contribute to, or may be asymptom of, qpensK community decline, including issues ofhuman disease and illness, crime, educational and employment opportunities, and infrastructure decay. The environment is animportant element uf quality oflife in any community, along with economic opportunity, educational achievement, access to health care, housing quoiityand availability, provision of8#vernmentaiservices, and other llttp://WWW leg. State. fl. Us/Statu te s/index.c fm'?Ap p_rnode=Disp1ay__ Statute& Search String_ 9/20/2013 StatQtea& Constitution NievvStatutes :Online Sunshine Page 7of 2 socioeconomic factors. Brownfebds redevelopment, property done, can bemsignificant element in community revitalization. (9) Cooperation among fed'erat, state, and (mcai agencies, local community development organizations, and current owners and prospective, purchasers ofbrowmfieidsites is required to, accomplish timely cleanup activities and the redevelopment orreuse Ofbnowmfieidsites. History.—s' 2,ch. 97-277. Copyright 1995-20M]The FtoridaLegislature ~ privacvStatement , Contact Lb Statutes & Constitution Niew Statutes : Online Sunshine Page I of 2 Select Year: The 2013 Florida Statutes 7itleXXV111 [bapterZ76 View Entire NATURAL RESOURCES; CONSERVATION, POLLUTANT DISCHARGE Chapter RECLAMATION, AND USE PREVENTION AND REMOVAL 376.79 Definitions relating to 8rmvvnfields Redevelopment Act -As used inss. ]76.77']76.85` the term: (1) "Additive effectn" means a scientific principle that the toxicity that occurs as a result of exposure is the sum of the toxiclties of the individual chenmicais to which the individual is exposed. (2) "Antagonistic effects" means a scientific principle that the toxicity that occurs ana result of exposure is less than the sum of the toxicides of the individual chemicals to which the individual is exposed. (3) "Brownfield sites" means rea\ property, the expansion, redevelopment, or reuse of which may be complicated byactual orperceived environmental contamination. (4) °8[m*nMe\d area" means, a contiguous area of one or more bnzvvnfieid sites' some of which may not be contaminated' and which has been designated by local government by resolution. Such areas may include all or portions of community redevelopment areas, enterprise zones, empowerment zones` other such designated economically deprived communities and areas' and Environmental Protection Agency -designated br0vvmfieid pilotprojects. (5) "Contaminant" means any physical, chemical, biological, or radioiogicaisubstance present in any medium which may result in adverse effects to human health or the environment or which creates an adverse nuisance, ur@anVieptic, or aesthetic condition in groundwater. (h) "Contaminated site" means, any contiguous land, sediment, Surface water, orgroundwater areas that contain contaminants that may be harmful to human health mrthe environment. (7) ''Qepartment" means the Department of Environmental protection. (B) "Engineering controls" means modifications to a site to reduce or eliminate the, potential for exposure to chemicals of concern from petroleum products, drycieaning solvents, or other contaminants. Such modifications may include, but are not limited to, physical or hydraulic control measures, capping, point ofuse treatments, nrslurry walls, (9) "Environmental justice" means the fair treatment ofall people OfJ(i races' cultures,' and incomes with respect to the development, implementation, and enforcement ofenvironmental taws, regulations, and policies. (18) "Institutional controls" means the restriction on use of or access to a site, toeliminate nr minimize exposure to chemicals of concern from petroleum products, dryc[eanimg solvents, or other contaminants. Such restrictions, may include, but are not limited to, deed restrictions, restrictive covenants, or conservation easements. S{u1oLes & Constitution :\/iovv Statutes : Online Sunshine p»ue 2 of (11) "Local poltution control program" means a local pollution contrni program that has received delegated authority from the Department ofEnvironmental Protection undmrss. 376.80(9) amd4O].t82. (12) "Natural attenuation" means averifiable approach to site rehabilitation that allows om1or@i processes tocontain the spread of contamination and reduce the concentrations Ofcontaminants in contaminated groundwater and soii. Natural attenuation processes may include sorption, biodegradation, chemical reactions with subsurface materials, diffusion, dispersion, and volatilization. (13) "Person responsible for brownfie(d site rehabilitation" means the individual or entity that is designated by the local government to enter into the brm*nfieid site rehabilitation agreement with the department oramapproved local pollution control program and enters into amagreement with the local government for redevelopment ofthe site. (14) "Person" means, any individual, partner, joint venture, or corporation; any group o[the foregoing, organized or united for abusiness purpose; or any governmental entity. (15) "Risk reduction" means the lowering or elimination of the level of risk posed to human health orthe environment through interim remedial actions, remedial action, or institutional, and if appropriate, engineering controls, (16) "Secretary" means the secretary of the Department of Environmental Protection. (17) "Site rehabilitation" means the assessment Vfsite contamination and the remediadonactivities that reduce the levels of contaminants at a site through accepted' treatment methods to meet the cleanup target levels established for that site. For purposes of sites subject to the Resource Conservation and Recovery Act, as amended, the term inc!udes removal, decontamination, and corrective a[dmm of releases of hazardous substances, (18) "Source removal" means the removal of free product, or the removal of contaminants from soil or sediment that has been contaminated to the extent that leaching to groundwater orsurface water has occurred Orisoccurring, (19) "Synergistic effects" means a scientific principle that the toxicity that occurs as a result of exposure ismore than the sum of the toxicitfesofthe individual chemicals towhich the individual is exposed. Copyright Cc) 1995'2813The RorldaLegbbaUao~ Privacy Statement ^ Contact Us http://www, I eg. state. fl, US/S tatUtes/i ndex.c fm'?A pp_rnode=D 1 splay, _S tatute& Search.- String... 9/2 0/2 01 3 ) Statutes & C0nst1u1 Vo :View StatUteo : Online SunahiDo Page }oF5 Select Year: ��� �u� 2o1.,i Florida Statutes TitleXXVlU View Entire NATURAL RESOURCES; CONSERVATION, POLLUTANT DISCHARGE Chapter RECLAMATION, AND USE PREVENTION AND REMOVAL 378.80 Brownfield program administration prmcess.— (1) 4 local government with jurisdiction over the brovvnfle(d area must notify the department of its decision to designate m brownfie[d area forrehahiUt@bnm for the purposes ofus. 376`77'3,76'06. The notification must include a resolution, by the local government body, towhich is attached a map adequate toclearly delineate exacth/which parcels are tmbeincluded imthe brownfieidarea or aitern@tive(y a less -detailed map accompanied by a detailed legal description of the brovvnfieid area. If @ property owner within the area proposed for designation by the local government requests in writing to have his or her property removed from the proposed designation, the local government shalt grant the request. For municipalities, the governing body shall adopt the resolution in accordance with the procedures outlined in 6. 106.041, except that the notice for the public hearings on the proposed resolution must be in the form established in s. 166.041(3)(c)2. For counties, the governing body shalt adopt the resolution imaccordance with the procedures outlined ins. 125.66, except that the notice for the public hearings on the proposed resolution shalt be in the form established in s. 125.86(4)(b)3. (2)(a) If local government proposes to designate a brmvnfie[d area that is outside community redevetoprnent areas, enterprise zones, empowerment zones, closed military bases, or designated brownfie[d pilot project areas, the local government shalt adopt the resolution and conduct the public hearings in accordance with the requirements of subsection (1), except at Least one of the required public hearings shalt be conducted as close as reasonably practicable twthe area to be designated to provide an opportunity for pubMcinput on the size of the area, the objectives for rehabilitation, job opportunities and economic developments anticipated, neighborhood residents' considerations, and other relevant local concerns. Notice ofthe public hearing must be made in a newspaper ofgeneral circulation in the area and the notice must beat [east 16 square inches insize, must be in ethnic newspapers orlocal community bulletins, must be posted in the affected area, and must be announced at scheduled meeting of the local governing body before the actual public hearing. In determining the areas to be designated, the [oCaigOvernment must consider: 1- Whether the brownMetd area warrants economic development and has a reasonable potential for such activities; Z. Whether the proposed area tobedesignated represents reasonably focused approach and is not overly large in: geographic coverage; 3. Whether the area has potentia[ to interest the private sector in participating in rehabilitation; and Statutes & Constitution Niew Statutes : Online Suns1iine Page 2 of 5 4. Whether the area contains sites or parts ofsites suitabte for limited recreational open space, cultural, or historical preservation purposes. (b) A local government shall designate a brownfie(d area under the provisions of this act provided that: 1. 4 person who owns or controls a potenti8� brownGeid site is requesting the designation and has agreed to rehabilitate and redevelop the brownfle[d site; 3. The rehabilitation and redevelopment ofthe proposed brmwnfietd site wilt result in economic productivity Vfthe area, along with the creation of at least 5 new permanent jobs atthe brnvvnfie[dsite that are full-time equivalent positions not associated with the implementation of the brovvnfieidsite rehabilitation agreement and that are not associated with: nedeve(mpmentproject demolition Or construction activities pursuant to the redevelopment of the proposed brnwnfie(d site or area. However, the job creation requirement ohe(i not apply, tothe rehabilitation and redevelopment ofa brownfieid site that wilt provideafhondab[e housing as defined in s. 420.0004 orthe creation nf recreational areas, conservation areas, or parks; ]. The redeve(opment of the proposed br0w'nfie\d site iuconsistent with the local comprehensive pLan and is a permittab(e use under the applicable local land development regulations; 4. Notice of the proposed rehabilitation of the brownheid area has been provided to neighbors and nearby residents of the proposed area to be designated, and the person proposing the area for designation has afforded to those receiving notice the opportunity for comments and suggestions about rehabilitation. Notice pursuant tothis subparagraph must bemade inanewspaper ufgeneral circu[adon in the area, at [east 16square inches in size, and the notice must be posted in the affected area; and 5. The person proposing the area for designation has provided reasonable assurance that heorshe has sufficient financial resources to implement and complete the rehabilitation: agreement and redeve[opment of the br0wnfieid site. (c) The designation of a brownfieid area and the identification of person responsible for bropvnfietd Site rehabilitation simply entitles the identified person to negotiate a brovvnfie[d site rehabilitation agreement with the department or approved local poNudOn control program, (3) When there ioa person responsible for bmownfieid site rehabilitation, the loca( government must notify the department ufthe identity ofthat person. �f the agency or person who wit[ be responsible for the coordination changes during the approval process specified insu�bsecdons (4)' (5)' and (6), the department or the affected approved hmca( pollution, control program must notify the affected local government when the change occurs. (4) Local governments or persons responsible for rehabilitation and redevelopment o/brovvmfieid areas must establish an advisory committee or use an existing advisory committee that has formally expressed its intent to address redevelopment of the specific brovvnfieid area for the purpose of improving public participation and receiving pubWccomments on rehabilitation and redevelopment of the bpovvnfie(darea, future land use, local employment opportunities, community safety, and environmental justice. Such advisory committee shoutd inctude residents within or adjacent to the brovvnf1e�[d area, businesses operating within the brovvnfieid area, and others deemed appropriate., The person responsible for brovvmfieid site rehabilitation must notify the advisory committee ofthe intent to rehabilitate and redevelop the site before executing thebrOwnyieid site rehabilitation agreement, and provide the committee with a copy of the draft piom for site rehabilitation which addresses elements required by subsection (5). This includes disclosing putenda[ reuse of the property as well as site rehabilitation activities, if any, to be performed. The advisory committee shall review any proposed redevelopment agreements prepared pursuant to paragraph (5)(i) and provide comments, if appropriate, Statutes & Constitution :View Statutes Online Sunshine Page 3 of 5 to the board of the local government with jurisdiction over the brownfietd area. The advisory committee must receive a copy of the executed brownfield site rehabilitation agreement. When the person responsible for brownfield site rehabilitation submits a site assessment report or the technical document containing the proposed course of action following site assessment to the department or the local pollution control program for review, the person responsible for brownfield site rehabilitation must hold a meeting or attend a regularly scheduled meeting to inform the advisory committee of the findings and recommendations in the site assessment report or the technical document containing the proposed course of action following site assessment. (5) The person responsible for brownfield site rehabilitation must enter into a brownfield site rehabilitation agreement with the department or an approved local pollution control program if actual contamination exists at the brownfield site. The brownfield site rehabilitation agreement must include: (a) A brownfietd site rehabilitation schedule, including milestones for completion of site rehabilitation tasks and submittal of technical reports and rehabilitation plans as agreed upon by the parties to the agreement. (b) A commitment to conduct site rehabilitation activities under the observation of professional engineers or geologists who are registered in accordance with the requirements of chapter 471 or chapter 492, respectively, Submittals provided by the person responsible for brownfield site rehabilitation must be signed and sealed by a professional engineer registered under chapter 471, or a professional geologist registered under chapter 492, certifying that the submittal and associated work comply with the law and rules of the department and those governing the profession. In addition, upon completion of the approved remedial action, the department shall require a professional engineer registered under chapter 471 or a professional geologist registered under chapter 492 to certify that the corrective action was, to the best of his or her knowledge, completed in substantial conformance with the plans and specifications approved by the department. (c) A commitment to conduct site rehabilitation in accordance with department quality assurance rules. (d) A commitment to conduct site rehabilitation consistent with state, federal, and local taws and consistent with the brownfield site contamination cleanup criteria in s. 376.81, including any applicable requirements for risk -based corrective action. (e) Timeframes for the department's review of technical reports and plans submitted in accordance with the agreement. The department shall make every effort to adhere to established agency goals for reasonable timeframes for review of such documents. (f) A commitment to secure site access for the department or approved local pollution control program to all brownfield sites within the eligible brownfield area for activities associated with site rehabilitation. (g) Other provisions that the person responsible for brownfield site rehabilitation and the department agree upon, that are consistent with ss. 376.77-376.86, and that will improve or enhance the brownfield site rehabilitation process. (h) A commitment to consider appropriate pollution prevention measures and to implement those that the person responsible for brownfield site rehabilitation determines are reasonable and cost- effective, taking into account the ultimate use or uses of the brownfield site. Such measures may include improved inventory or production controls and procedures for preventing loss, spills, and leaks of hazardous waste and materials, and include goals for the reduction of releases of toxic materials. (i) Certification that the person responsible for brownfield site rehabilitation has consulted with the local government with jurisdiction over the brownfield area about the proposed redevelopment of the http://www,leg.statell.us/Stat -s/index.cfm?App mode -Display Statute&Search_String... 9/20/2013 StatUteS & C011SlitUtion :ViCW Statutes : Online Sunshine Page 4 of 5 brovvmfetc! site, that the local government ioin agreement with orapproves the proposed redevelopment, and that the proposed redevelopment complies with applicable bvvy and requirements for such redevelopment. Certification shalt be accomplished by referencing or providing a legally recorded or officially approved land use or site plan, a development order or approval, a building permit, or similar official document issued by the local government that reflects the local government's approval of proposed redevelopment of the brovvnfieid site; providing a copy of the local government resolution designating the bnownfieid area that contains the proposed redevelopment of the brovvnfieid site; or providing a letter from the local government that describes the proposed redevelopment of the br0vvnfie(d site and expresses the local government's agreement with or approval ofthe proposed redevelopment. (6) Any contractor performing site rehabilitation program tasks must demonstrate tmthe department that the contractor: (a) Meets all certification and license requirements imposed by Yavv| and (b) Wilt conduct sample collection and analyses pursuant to department rules. (7) During the cleanup process, if the department or local, program fails to complete review ofa technical document within the timmframespecified in the brownfieid site rehabilitation agreement, the person responsible for brownfieid site rehabilitation may Proceed to the next site rehabilitation task. However, the person responsible for brnwmfieid site rehabilitation does so at its own risk and may be required by the department or local program to compiete additional work an a previous task. Exceptions tothis subsection include requests for "no further act1on'" "monitoring only pnoposais," and feasibility studies, which must be approved prior to implementation. (8) If the person responsible forbrownfieid site rehabilitation fails to comply with the brovvnMe(d site rehabilitation agreement, the department shalt allow 98 days for the person responsibte for brmwnfie(d site rehabilitation to return to compliance with the provision at issue or to negotiate a modification to the brownfieid site rehabilitation agreement with the department for good cause shown. If an imminent hazard exists, the 90'day grace period shalt not apply. If the project is not returned' to compliance with the brownfie(d site rehabilitation agreement and a modification cannot be negotiated, the immunity provisions ofs. 378.82ans revoked. (A) The department is, specifically aoth0rized and encouraged toenter into delegation agreements with local pollution control programs approved under s. 4O3.1DZLoadminister the brov/ofie(dprogram within their jurisdictions, thereby maximizing the integration of this process with the other iOcm( development processes needed to facilitate redevelopment of a brownfield area. When determining whether delegation pursuant tothis subsection ofa[i or part ofthe browmfieid program to local pollution control program is appropriate, the deportment shaK consider the following. The local pollution control program must: (a) Have and maintain the administrative organization, staff, and financial and other resources to effectively and efficiently implement and enforce the statutory requirements Vfthe delegated bmownfie(dprogram; and (b) Provide for the enforcement ofthe requirements of the delegated br4wnfie(d program, and for notice and a right LVchallenge governmental action, by appropriate administrative and judicial process, which shalt bespecified inthe delegation. The kocaKpollution control program shalt not bedelegated authority to take action onurto make decisions regarding any bmwqfield site on land owned by the local government. Any delegation Statutes & Constitution :View Statutes : Online Sunshine Page 5 of 5 ensure the effective and efficient administration and enforcement of the statutory requirements of the brownfield program as established by the act and the relevant rules and other criteria of the department. (10) Local governments are encouraged to use the full range of economic and tax incentives available to facilitate and promote the rehabilitation of brownfield areas, to help eliminate the public health and environmental hazards, and to promote the creation of jobs and economic development in these previously run-down, blighted, and underutilized areas. (11)(a) The Legislature finds and declares that: 1. Brownfield site rehabilitation and redevelopment can improve the overall health of a comniunity and the quality of life for communities, including for individuals Living in such communities. 2. The community health benefits of brownfield site rehabilitation and redevelopment should be better measured in order to achieve the legislative intent as expressed in s. 376.78. 3. There is a need in this state to define and better measure the community health benefits of brownfield site rehabilitation and redevelopment. 4. Funding sources should be established to support efforts by the state and local governments, in collaboration with local health departments, community health providers, and nonprofit organizations, to evaluate the community health benefits of brownfield site rehabilitation and redevelopment. (b) Local governments may and are encouraged to evaluate the community health benefits and effects of brownfield site rehabilitation and redevelopment in connection with brownfietd areas located within their jurisdictions. Factors that may be evaluated and monitored before and after brownfield site rehabilitation and redevelopment include, but are not limited to: 1. Health status, disease distribution, and quality of life measures regarding populations living in or around brownfield sites that have been rehabilitated and redeveloped. 2. Access to primary and other health care or health services for persons living in or around brownfield sites that have been rehabilitated and redeveloped. 3. Any new or increased access to open, green, park, or other recreational spaces that provide recreational opportunities for individuals living in or around brownfield sites that have been rehabilitated and redeveloped. 4. Other factors described in rules adopted by the Department of Environmental Protection or the Department of Health, as applicable. (c) The Department of Health may and is encouraged to assist local governments, in collaboration with local health departments, community health providers, and nonprofit organizations, in evaluating the community health benefits of brownfield site rehabilitation and redevelopment. Iiistory.—s. 4, ch. 97-277; s. 3, ch. 98-75; s. 11, ch. 2000-317; s. 2, ch. 2004-40; s. 44, ch. 2005-2; s. 7, ch. 2006-291; s. 5, ch. 2008-239. Copyright © 1995-2013 The Florida Legislature Privacy Statement • Contact Us http://www.leg.state.fi.us/Statutes/index.cfin?ApRjrnode—DispiayStatute SearchString... 9/20/201 3 Statutes & Constitution :View St�AUWS : Online Sunshine Select Year: 7�e 2[)13 Florida The Statutes TitheXXV|I NATURAL RESOURCES; CONSERVATION, RECLAMATION, AND USE [hamter]7W POLLUTANT DISCHARGE PREVENTION AND REMOVAL View Entire Chapter 378^81 Brownfield site and brownfield areas contairnination cleanup criteria.— (1) It is the intent of the Legislature to protect the health of all people under actual circumstances of exposure. 8vJuly 1, 2001, the secretary ufthe department shall establish criteria byrule for the purpose of determining, on a site -specific bads' the rehabilitation program tasks, that comprise a site rehabilitation program and the level at which a rehabilitation program task and a site rehabilitation program may be deemed completed. In establishing the rule, the department shuii apply, to the maximum extent feasible, a risk -based corrective action process to achieve protection of human health and safety and the environment in m cost-effective manner based on the principles set forth in this subsection. The rule must prescribe phased risk -based corrective action process that is iterative and that tailors site rehabilitation tasks tosite-specific conditions and risks. The department and the person responsible for brmvmfieid site rehabilitation are encouraged to establish decision points at which risk management decisions will be made. The department shall provide an early, decision, when requested, regarding applicable exposure factors and a risk management approach based on the current and future land use at the site. The rule shaK also include protocols for the use of natural attenuation, the use of institutional and engineering controls, and the issuance of "no further action" letters. The criteria for determining what constitutes a rehabilitation program task orcompletion of site rehabilitation program task orsite rehabilitation program must: (a) Consider the current exposure and potential risk ofexposure to humans and the emviruomenL, including multiple pathways of exposure. The physical, chemical, and biological characteristics of each contaminant rnuot be considered' in order to determine the feasibility of risk -based corrective action assessment, (b) Establish the point of compliance at the source of the cVntaminaLion. However' the department is authorized to temporarily move the point Of compliance to the boundary ofthe property, or to the edge of the plume when the, plume iswithin the property boundary, white cleanup, fnc\uding cleanup through natural attenuation processes in conjunction with appropriate monitoring, is proceeding. The department also is authorized, pursuant to criteria provided for in this section,, to temporarily extend the point of compliance beyond the property boundary with appropriate monitoring` if such extension is needed tofaciht3te natural attenuation or to address the current conditions of the plume, provided human health, public safety' and the environment are pr0LecLed. When temporarily extending the point ofcompliance beyond the property boundary, iLcannot be extended further than the lateral extent of the plume at the time of execution of the brnvvnfie(d site rehabilitation agreement, if knOwQ. or the lateral extent ofthe plume as defined at the time nfsite assessment. Temporary extension ofthe point Statutes & Constitution Niew Statutes : Online Sunshine Page 2 of 4 of compliance beyond the property boundary, as provided in this paragraph, must include actual notice bvthepersonnesponsib[eforbrownfieLdsiterehabihtationtotoca(govennmentaandtheowmenofany property into which the point ofcompliance ioallowed to extend and constructive notice to residents and business tenants of the property into which, the point ofcompliance is allowed to extend. Persons receiving notice pursuant tuthis paragraph shall have the opportunity to comment within 3Ddays of receipt ofthe notice. (c) Ensure that the site -specific cleanup goal is that all contaminated brovvmfieid sites and brovvnf|eid areas ultimately achieve the applicable cleanup target levels provided in this section. In the circumstances provided below, and after constructive notice and opportunity tocomment within 30 days from receipt 0fthe notice to local government, to owners of any property into which the point of compliance is allowed to extend, and to residents on any property, into which the point of compliance is allowed to extend, the department may aklm*concentrations ofcontaminants to temporarily exceed the applicable cleanup target levels white cleanup, including cleanup through natural attenuation processes in conjunction with appropriate monitoring, is proceeding, if human health, public Safety, and the environment are protected, (d) Allow brovvmfieid site and brmvnfieid area rehabilitation programs to include the use of institutional or engineering controls, where appropriate, to eliminate orcontrol the potential exposure to contaminants of humans orthe environment. The use of controls must be preupproved by the department and only after constructive notice and opportunity tocomment within ]Odays from receipt of notice is provided to local governments, to owners of any property into which the point of compliance isallowed toextend, and toresidemtsonany property into which the point ofcompliance isallowed to extwnd. When institutional or engineering controls are implemented to control exposure, the removal of the coarois must have prior department apprnvai and must be accompanied by the resumption of active cleanup, o[other approved controls, unless cleanup target levels under this section have been achieved. (e) Consider the additive effects of contaminants. The synergistic and antagonistic effects shall also be considered when the scientific data become available. (f) Take into consideration individual site characteristics, which shalt include, but not be Umitedto, the current and projected use ofthe affected groundwater and surface water in the vicinity Vfthe site, current and projected land uses ofthe area affected bvthe contamination, the exposed population, the degree and extent V[contamination, the rate of contaminant migration, the apparent or potential rate of contaminant degradation through natural attenuation: processes, the location of the plume, and the potential for further migration in relation tosite property boundaries. (g) Apply state wate�rquaUty standards as follows: 1. Cleanup target levels for each contaminant found in groundwater shall be the applicable state water quality standards, Where such standards do not exist, the cleanup target levels for groundwater shalt be based on the minimum criteria specified in department rule. The department shall apply the following, as appropriate, in establishing the, applicable cleanup target levels: calculations using lifetime cancer risk level of 1.O['6; a hazard index of 1 o, less; the best achievable detection limit; and nuisance, nrgamo(eptic' and aesthetic considerations. However, the department shalt not require site rehabilitation to achieve Jcleanup target (evoifor any individual contaminant which is more stringent than thesite-spe[if ic, naturally occurring background concentration for that contaminant. Z. Where surface waters are exposed to contaminated 8roundwater, the cteanup target levels for the contaminants shalt be based on the more protective of the groundwater Vrsurface water standards as established by department rule. The point nfmeasuring compliance with the surface water standards shalt be in the groundwater immediately adjacent to the surface water body. Statutes & Constitution Niew Statutes , Online Sunshine Page 3 of 4 ]. Using risk -based corrective action principles, the, department shalt approve alternative cleanup target levels in conjunction with institutional and engineering cuntrois, if needed, based upon an applicant's demonstration, using site -specific data, modeling results, risk assessment studies, risk reduction techniques, oracombination thereof' that human health, public safety, and the environment are protectedto the same degree as provided in subparagraphs 1. and Z. Where a state water quality standard is applicable, adeviation may not result inthe application ofcleanup target levels more stringent than the standard. In determining whether it is appropriate to establish alternative cleanup target levels at a site, the department must consider the effectiveness of source removal, if any, which has heenconmp[eted at the site and the practical likelihood of the use Vftow yield orpoor quality groundwater, the use of groundwater near marine surface water bodies, the current and projected use of the affected groundwater in the vicinity of the site, or the user of groundwater in the immediate vicinity ofthe contaminated area, where it has been demonstrated that the groundwater contamination is not migrating away from such localized source, provided human health, public safety, and the environment are protected. When using alternative cleanup target levels ata brmvvnfieid site, institutional controls shalt not berequired if: a. The only cleanup target levels exceeded are the groundwater cleanup target levels derived from nuisance, mrgamoiepdc^ uraesthetic considerations; b. Concentrations Ofall contaminants meet the state water quality standards or minimum criteria, based onprotection ofhuman health, provided insubparagraph 1.; c. All of the groundwater cleanup target levels established pursuant to subparagraph 1, are met at the property boundary; d. The person responsible for brownfieid site rehabilitation has demonstrated that the contaminants vdti not migrate beyond the property boundary at concentrations exceeding the groundwater cleanup target levels established pursuant to subparagraph I.; e. The property has access t0and is using an offsite water supply and no unplugged private welts are used for domestic purposes; and f. The real property owner provides written acceptance of the "no further action" proposal to the department or the local pollution control program. (h) Provide for the department to issue a "no further action mrder," vithco�ndidons, including, but not limited to, the use of institutional or engineering controls where appropriate' when alternative cleanup target levels established pursuant tosuibpara0raph (g)]. have been achieved, mrwhen the person responsible forbrownfieid site rehabilitation can demonstrate that the cleanup target level is unachievabiewithin available techmu[aQies. Prior toissuing such anorder, the department shalt consider the feasibi\ib/ ofa0alternative site rwbabiWtation technology in the bro*ofieid area. (i) Establish appropriate cleanup target levels for soils. I. Inestablishing soil cleanup target levels for human exposure toeach contaminant found insoils from the (and surface toZfeet below (and Surface, the department shall apply the following, as appropriate: calculations using a lifetime cancer risk level of1.0E-6;ahazard index of1 or less; and the best achievable detection limit. However' the department shall not require site rehabilitation to achieve cleanup target [eve[ for anindividual contaminant which is more stringentthanthesite- specific naturally occurring background concentration for that contaminant. Institutional controls or other methods shalt be used to prevent human exposure to contaminated soils more than] feet below the land surface. Any removal of such institutional controls shall require such contaminated soils to be remediated'. Statutes & Constitution :View Statutes :Online Sunshine Page 4 of 4 2. Leachability -based soil target levels shalt be based on protection of the groundwater cleanup target levels or the alternate cleanup target levels for groundwater established pursuant to this paragraph, as appropriate. Source removal and other cost-effective alternatives that are technologically feasible shall be considered in achieving the leachability soil target levels established by the department. The leachability goals shall not be applicable if the department determines, based upon individual site characteristics, and in conjunction with institutional and engineering controls, if needed, that contaminants will not leach into the groundwater at levels that pose a threat to human health, public safety, and the environment. 3. Using risk -based corrective action principles, the department shall approve alternative cleanup target levels in conjunction with institutional and engineering controls, if needed, based upon an applicant's demonstration, using site -specific data, modeling results, risk assessment studies, risk reduction techniques, or a combination thereof, that human health, public safety, and the environment are protected to the same degree as provided in subparagraphs 1. and 2. (2) The department shall require source removal, as a risk reduction measure, if warranted and cost -effective. Once source removal at a site is complete, the department shall reevaluate the site to determine the degree of active cleanup needed to continue. Further, the department shall determine if the reevaluated site qualifies for monitoring only or if no further action is required to rehabilitate the site. If additional site rehabilitation is necessary to reach "no further action" status, the department is encouraged to utilize natural attenuation and monitoring where site conditions warrant. (3) The cleanup criteria described in this section govern only site rehabilitation activities occurring at the contaminated site. Removal of contaminated media from a site for offsite relocation or treatment must be in accordance with all applicable federal, state, and local laws and regulations. History.—s. 5, ch. 97.277; s. 4, ch. 98-75; s. 12, ch. 2000-317. Copyright 1995-2013 The Florida Legislature Privacy Statement • Contact Us .leg.state.flus/Statutes/index.cfm?App_mode—Display_Statute&Search_String... 9/20/2013 Statutes & Constitution Niew Statutes : Online Sunshine Page I of 4 Select Year: 13 7r, The 2013 Florida Statutes Zit&eXXVN| NATURAL RESOURCES; CONSERVATION, RECLAMATION, AND USE [hapterI76 POLLUTANT DISCHARGE PREVENTION AND REMOVAL View Entire Chapter 378.82 Eligibility criteria and babihtyprotecdom.— (1) ELkG|BIUTY.—Anypereonwhoha not caused orcontributed tothe contamination ofabinownMeid site on or after Juty 1, 1997, is etigibie to participate in the brownfietd program established in ss. 376.77 -378j85subject to the following: (a) Potemtiai brownfieid sites that are subject to an ongoing formal judicial mradministrative enforcement action! orcorrective action pursuant to federal authority, including, but not limited to, the Comprehensive Environmental Response Compensation and Liability Act, 42 Ul.3,C. ss. 9601 et seq., as amended; the Safe Drinking Water Act, 42 U.S.C. o. 300f-300f, as amended; the Clean Water Act, 33 U.S.C, oo. 1251-1387, as amended; or under an oirder frorn the United States Environmental Protection Agency pursuant to s. 3008(h) of the Resource Conservation and Recovery Act, as amended (42 U.5.C.A. s. 6928(h)); or that have obtained or are reqmined to obtain a permit for the operation of hazardous waste treatment' storage, nrdisposai facility; a postciosure permit; or permit pursuant to the federal Hazardous and Solid Waste Amendments of 1984, are not eligibte fair participation unless specific exemptions are secured by a memorandum of agreement with the United States Environmental Protection Agency pursuant to paragraph (Z)(g). A brovvnfieid site within an eligible birownfieid area that subsequently becomes subject to formal judicial or administrative enforcernent action o,r corrective action under such federal authority shall have its eligibitity revoked unless specific exemptions are secured by memorandum ofagreement with the United States Environmental Protection Agency pursuant to paragraph (2)(g). (b) Persons who have not caused or contributed tmthe contamination mfa brownfieid site on or after July 1, 1997, and who, prior to the department's approval of a brm~nfie|d site rehabilitation agreement, are subject toomgminQcorrective action orenforcement under state authority established inthis chapter or chapter4O]' including those persons subject to a pending consent order with the state, are eligible for participation in brovvnfieid site rehabilitation agreement if: 1. The proposed brovvnfieid site is currently idle Or underutilized as a result of the contamination, and participation in the brownfieid programwdii immediately, after cleanup or sooner, resmftin increased economic productivity at the site, including at minimum the creation of 10 new permanent jobs' whether full-time mrpart'time' which are not associated with implementation of the brVwnfie[d site rehabilitation agreement; and 2. The person is complying in good faith with the terms of an existing consent order or department - approved corrective action plan, or responding in good faith to an enforcement action, as evidenced by a determination issued by the department or an approved local pollution control program. Stm1u1cS& Constitution :View Statutes : Online Suo8hioe Page 70P4 (c) Potential brownfiekdsites owned by the state oralocal government which contain contamination for which agovernmental entity ispotentially responsible and which are already designated aafederal brovvmfeLd pilot projects or have filed an application for designation tothe United States Environmental Protection Agency are eligible for participation ina bpnwnfio(d site rehabilitation agreement. (d) After July 1, 1497' petroleum and drycieaoingcontamination sites shalt not receive both restoration funding assistance available for the discharge under this chapter and any state assistance available unders. 288.107. Nothing in this act shalt affect the cleanup criteria, priority ranking, and other rights and obligations inherent in petroleum contamination and drycteaning contamiination site rehabilitation undero. 376'30'378.317, o,r the availability of economic incentives otherwise provided for bvtaw. (I) LiAB|LfTYPROTEZTIK}N.— (a) Any person, including his orher successors and assigns, who executes and implements to successful completion a brovvmfie[d site rehabilitation agreement, shalt be relieved of further liability forremed1abon of the contaminated site orsites tuthe state and to third parties and of liability in contribution to any other party who, has or may incur cleanup liability for the contaminated site or sites. (b) This section shalt not be construed as a [imitation on the right ofa third party other than the state to pursue an action for damages to property or person; however, such an action may not compel site, rehabilitation in excess ofthat required Yn the approved brownfie�d site rehabilitation agreement or otherwise required bythe department or approved local pollution control program. (c) This section shalt not affect the ability orauthority Lmseek contribution from any person who may have liability with respect to the contaminated site and who did not receive cleanup liability protection under this act. (U) The liability protection provided under this section shalt become effective upon execution of br0wnfieidsite rehabilitation agreement and shalt remain effective, provided the person responsible for brovvnfieid site rehabilitation complies with the terms of the site rehabilitation agreement. Any statute of limitations that would bar the department from Pursuing relief inaccordance with its existing authority is tolled from the time the a,greemeMtis executed until site rehabilitation is completed or immunity is revoked pursuant tos. 376.80(8). (e) Completion of the performance of the remediation obligations at the brownfield site shalt be evidenced by a site rehabilitation completion letter or a "no further action" letter issued by the department or the approved local pollution control program` which letter shalt include the following statement: "Based upon the information provided by (property owner) concerning property located at (address), it is the opinion o/ (the F(orida Department of Environmental Protection or approved local pollution control program) that (party) has successfully and satisfactorily implemented the approved brovvnfield site rehabilitation agreement schedule and, accordingly, no further action is required to assure that any (and use identified in the brm°nfie<d site rehabilitation agreement isconsistent with existing and proposed uses." (f) Compliance with s. 376.88(5)(f)must beevidenced asset forth imthat paragraph. (g) The, Legislature recognizes its (imitations inaddressing cleanup liability under federal pollution control programs, In an effort to secure federal liability protection for persons witting toundertake rernediadon responsibility at a brVvvnfieid site, the department shalt attempt to negotiate a memorandum of agreement nrsimilar document with the United States Environmental Protection Agency, whereby the United States, Environmental Protection Agency agrees to forego enforcement of federal corrective action authority at bnownfieid sites that have received asiie rehabilitation completion or"no further action" determination from the department 0rthe approved imcm( pollution Statutes & (,uuntihrtiou Niew Statutes : [)ofioe Sunshine Page 3of4 control program or that are in the process of implementing a brownfieN site rehabilitation agreement in accordance with this act, (h) No unit ofstate or local government may be held liable for implementing corrective actions ata contaminated site wiLhi0 an eligible brownfield area on a result ofthe involuntary ownership of the site through bankruptcy, tax delinquency, abandonment, orother circumstances in which the state or local government involuntarily acquires title by virtue of its function as a sovereign, or as a result of ownership from donation, gift, or foreclosure unless the state or local government has otherwise caused or contributed to a release of contaminant at the brmwnfieid site. (i) The Legislature finds and declares that certain brownfietcl sites may be redeveloped for open space, or limited recreational, cultural, or historical preservation purposes, and that such facilities enhance the redeveloped environment, attract visitors, and provide wholesome activities for employees and residents of the area. Further, the Legislature finds that purchasers of contaminated sites who are nonprofit conservation organizations acting for the public! interest and who did not cause or contribute to the release Ofcontamination om the site warrant protection from liability. (j) Notwithstanding any provision of this chapter, chapter 403, other taws, or ordinances of local governments, a nonprofit, charitable, federaltax'exempt, s. 501(c)(3) national land conservation corporation which purchases title to property in the state for the purpose ofconveying such (and to any governmental entity for conservation, historical preservation or cultural resource, park, greenvvay, or other similar uses shall not be liable to the state, local government, or any third party for penalties or rpmediadomcosts inconnection with environmental contamination found inthe soil Orgroundwater uf such property, provided that such cnrpnnadmm did not cause the ohginai deposit or release of the environmental contaminants, and provided the department and local pollution control program and responsible parties have access to the land for investigation, renmediation, or monitoring purposes. (h) 4 person whose property becomes contaminated due togeophysical or hydrologic reasons, including the migration of contaminants onto their property from the operation of facilities and activities On a nearby designated br0wnGe(d area, and whose property has never been occupied by business that utilized or stored the contaminants orsimilar constituents is not subject to administrative or judicial action brought by or on behalf of another to compel the rehabilitation of or the payment of the costs for the rehabilitation of sites contaminated by materials that migrated onto the property from the designated brownfie(d area, if the person: 1. Does not own and has never held an ownership interest in, or shared in the profits of, activities in the designated brovvnf|ekj area operated at the source location; 2. Did not participate in the operation ormanagement Vfthe activities inthe designated brovvmfie(d area operated atthe source location; and 3. Did not cause, contribute to, or exacerbate the release, or threat of release of any hazardous substance through any act oromission. (K) When a property, including a brownfieid site, esche,ats to county, the county is not subject to any liability imposed by this chapter orchapter 4O3 for preexisting soil or groundwater contamination due solely toits uwnenhip. However, this paragraph does not affect the rights or liabilities of any past or future owners of the escheated property and dues not affect the liability ofany governmental entity for the results of its actions that create or exacerbate a pollution: source. The county and the Department of Environmental protection may enter into a written agreement for the performance, funding, and reimbursement of the investigative and remedial acts necessary for property that escheats tothe county. Ieg,.atate.fl.us/StatLItes/index.Cfiii? 0de=DisplSString— 9/2 0/2013 Statutes & ConstitL16011 Niew Statutes : Online Sunshine Page 4 of 4 []) RE0PENEKS.—UponcmnnpkedunofsitenehabiUtatimninCompham[ewdthss.376-77 'no additional site rehabilitation shall berequired unless itisdemonstrated: (a) That fraud was committed in demonstrating site conditions orcompletion ufSite rehabilitation; (b) That new information confirms the existence of an area ofpreviously unknown contamination which exceed: the site -specific rehabilitation levels established in accordance with s. 376^81, or which otherwise poses the threat ofreal and substantial harm to public health, safety, orthe environment in vioiationof the terms ofss. 376.77'376.85; (c) That the remediation efforts failed to achieve the site rehabilitation criteria established under s. 376.D1' ^ (d) That the level of risk is increased beyond the acceptable risk established under s. 376]}1due to substantial changes in exposure conditions, such as a change in tand use from nonresidential to residential use, Any person who changes the [and use ofthe brownfietd site thus causing the level ofrisk to increase beyond the acceptable risk level may be required by the department to undertake additional remediatiVn measures to assure that human health, pmbiic safety, and the environment are protected to levels consistent with s. 376^81; or (e) That a new release occurs at the brovvnfie(dsite subsequent to determination ofeligibility for participation in the brownfieid program established under s. 376.80. (4) ADDITIONAL LIABILITY PROTECTION FOR LENDERS. — (a) The Legislature declares that, in order to achieve the economic redevelopment and site rehabilitation of brovvnfie[d sites inaccordance with this act, it is imperative toencourage financing of real property transactions involving brm*nfieid site rehabilitation plans. According\y, tenders, including those serving as a trustee' personal representative, or in any other fiduciary capacity, in, connection with loan, are entitled to the liability protection established in subsection (2)ifthey have not caused or contributed to a release Ufacontaminant at the brownfieidsiLe. (b) Lenders who hold indicia of ownership of parcel within u bn}wnfieLd area primarily to protect 8 Security interest Orwho own a parcel within a browmfieid area as result mfforeclosure ora deed in lieu of foreclosure of a security interest and who seek to seii, transfer' or otherwise divest the parcel via sate at the earliest practicable time are not liable for the release ordischarQeofa contaminant from the parcel; for the fmitureofthe person responsible for brownfield site rehabilitation tocomply with the brownfieid site rehabilitation agreement; orfor future site rehabilitation activities required pursuant to a reopenerprovisiOn established in subsection (3) where the [ender has not divested the borrower of, or otherwise engaged in, declsionnnaking control of the site rehabilitation or site operations or undertaken management activities beyond those required to protect its financial interest white making, a good faith effort to sell the site as soon as practicable and when an act oromission of the lender has not otherwise caused or contributed to a release of co,ntaminmnt at the brm*nfieid site. (c) The economic incentives that were granted to a person responsible for site rehabilitation by state or local governments zha[i not accrue to a tender who obtains ownership of the browmfieid site by one ofthe methods described in this subsection. The economic incentives, are abated during the lender's ownership, but they may be transferred and reinstated upon the sate ofthe brownfie|d site. History. —s.6, ch. 97'277; s. 5. ch. 98'75;s. 182^ch. 99-13; s. 13' ch. 2880']17;s.]. ch. 2004-40; s. 71'ch. 20,07-5;s.6, Copyright 01g95-2Ol]The Florida Legislature ^ Privacy Statement ^ Contact Lb Statutes & Constitution :View Statutes Online Sunshine Page 1 of 1 Select Year: 2013 The 2013 Florida Statutes Title XXVIII Chapter 376 View Entire NATURAL RESOURCES; CONSERVATION, POLLUTANT DISCHARGE Chapter RECLAMATION, AND USE PREVENTION AND REMOVAL 376.83 Violation; penalties.— ) It is a violation of ss. 376.77-376.85, and it is prohibited for any person, to knowingly make any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained, or to falsify, tamper with, or knowingly render inaccurate any monitoring device or method required to be maintained under ss. 376.77-376.85, or by any permit, rule, or order issued under this chapter or chapter 403. (2) Any person who willfully commits a violation specified in subsection (1) is guilty of a misdemeanor of the first degree, punishable by a fine of not more than $10,000 or by 6 months in jail, or by both, for each offense. Each day during any portion of which such violation occurs constitutes a separate offense. History.—s. 7, ch. 97-277; s. 6, ch. 9 -75. Copyright c 1995-2013 The Florida Legislature • Privacy Statement • Contact Us http://www eg.state.flus/Statutes/index.cfin?App_mode=-DisplayStatute&S arch_String... 9/20/2013 Statutes & COnStItUti011 �Vlew Statutes . Online Sunshine Page I of 2 Select Year: � �� �u�2[)i:i Florida St@tut TitleXXV|I Chapter]76 View Entire NATURAL RESOURCES; CONSERVATION, POLLUTANT DISCHARGE Chapter RECLAMATION, AND USE PREVENTION AND REMOVAL 376.84 Brownfield redevelopment economic incentives.— It is the intent of the Legislature that brownfield redevelopment activities be viewed as opportunities to significantly improve the utilization, general, condition, and appearance ofthese sites. Different standards than those in place for new development, as allowed undercurrent state and local iavvs` should be used to the fullest extent to encourage the redevelopment of bnownfieid. State and local governments are encouraged to offer redevelopment incentives for this purpose, as an ongoing public investment in infrastructure and services' to help eliminate the public health and environmental hazards' and to promote the creation of jobs in these areas. Such incentives may include financial, regulatory, and technical assistance tn persons and businesses involved in the redevelopment of the brmwnfieid pursuant to this act. (1) Financial incentives and local incentives for redevelopment may include, but not be limited to: (a) Tax increment financing through community redevelopment agencies pursuant to part |(I of Chapter163. {b) Enterprise zone tax exemptions for businesses pursuant to chapters 196and 290. (c), Safe neighborhood improvement districts as provided inss. 163'501'163.523. (d) Waiver, reduction' or [imitation by line of business with respect to business taxes pursuant to chapter2O5. (e) Tax exemption for historic properties asprovided ins. 196,1997. (f) Residential electricity exemption of up to the first 500 kilowatts of use may be exempted from the municipal public service tax pursuant too. 166.231' (g) Minority business enterprise programs 3sprovided ins.287.Oq4]. (h) Electric and gas tax exemption asprovided ins 166.231(6). (i) Economic development tax abatement asprovided ins, 196.1995. (j) Grants' including community development black grants. (k) Pledging of revenues to secure bonds. ([) Low -interest revolving loans and zero -interest loan pools. (m) Local grant programs for facade, storefront' sfgnage, and other business improvements. (n) Governmental coordination ofloan programs with tenders, such asmicroioans, business reserve fund loans, letter ofcredit enhancements' gap financing, [and' [ease and sublease (mans, and, private equity. (o) Payment schedules over Lime for payment of fees, within criteria' and marginal cost pricing. (Z) Regulatory incentives may include, but not be limited to: (a) Cities' absorption ofdevelopers' Cun[urnencyneeds. Statutes & Constitution Niew Statutes : Online SLInshine Page 2 ol.'2 (b) ' performance 0fcertain analyses, ([) Exemptions and lessening ofstate and local review requirements, (d) Water and sewer regulatory incentives. (e) Waiver Oftransportation impact fees and permit fees. (f) Zoning incentives to reduce review requirements for redevelopment changes in use and occupancy-, estabhshment of code criteria for specific uses; and institution of credits for previous use within the area. (g) Flexibility in parking standards and buffer zone standards. (h) Environmental management through specific code criteria and conditions allowed by current taw. (i) Maintenance standards and activities bvordinance and otherwise, and increased security and crime prevention measures available through special assessments. (j) Traffic-ca(mingmeasures. (k) Historic preservation ordinances, loan programs, and review and permitting procedures. (t) One -stop permitdn8and streamlined development and permitting process. (]) Technical assistance incentives may include, but not be limited to: (a) Expedited development applications. (b) Formal and informal information on business incentives and financial programs. (c) Site design assistance. (d) Marketingand promotion of projects or areas. Copyright (0 1995'2013The RoddaLegistaLwre,Privacy Statement - Contact Us Statutes & Constitution :View Statutes : Online Sunshine Page 1 of 11 Select Year: 2O13J The 201 Florida Statutes I. 00 Title XXVIII Chapter 376 View Entire NATURAL RESOURCES; CONSERVATION, POLLUTANT DISCHARGE Chapter RECLAMATION, AND USE PREVENTION AND REMOVAL 376.85 Annual report. —The Department of Environmental Protection shall prepare and submit to the President of the Senate and the Speaker of the House of Representatives by August 1 of each year a report that includes, but is not limited to, the number, size, and locations of brownfield sites: that have been remediated under the provisions of this act, that are currently under rehabilitation pursuant to a negotiated site rehabilitation agreement with the department or a delegated local program, where alternative cleanup target levels have been established pursuant to s. 376.81(1)(03., and where engineering and institutional control strategies are being employed as conditions of a "no further action order" to maintain the protections provided in s. 376.81(1)(g)1. and 2. History.—s. 13, ch, 97-277; s, 61, ch. 2010-205. Copyright 0 1995-2013 The Florida Legislature • Privacv Statement • Contact Us http://w. leg,sta .us a utes/index.cfm?App_mode—Display_Statute&Search_String... 9/20/2013 FLORIDA BROWNHELDS REDEVELOPMEN1 PROGRAM TRANSFORMING COMMUNITIES Brownfield site means real property, the expansion, redevelopment or reuse of which may be complicated by actual or perceived environmental contamination. 376.79(3), F.S. Brownfield area means a contiguous area of one or more brownfield sites, some of which may not be contaminated, and which has been designated by a focal government by resolution. Such areas may include all or portions of community redevelopment areas, enterprise zones, empowerment zones, other such designated economically deprived communities and areas, and Environmental Protection Agency -designated brownfield pilot projects. 376.79(4), F.S. itoiNtif BROWNFIELD AREA DESIGNATION By Local Government IDENTIFICATION OF RESPONSIBLE PERSON EXECUTION OF CLEANUP' AGREEMENT IMPLEMENTATION OF CONTAMINATED SITE CLEANUP "NFA" LETTER FROM , DEP BROWNFIELD PROGRAM TERMS Responsible Person —Person Re- sponsible for Brownfield Site Reha- bilitation or PRFBSR Agreement —Brownfield Site Reha- bilitation Agreement or BSRA NFA—No Further Action (i.e., Site Rehabilitation Compietion Order or SRCO) 11111111 Ili'. I Brownfie d Area Designation • Bonus refund for job creation —up to $2,500 per job • Loan guarantees for primary lenders • Up to 50% on all sites • Up to 75% when end use is affordable housing • Sales tax credit on building materials • Brownfield area benefits administered by Enterprise Florida, Inc. Brownfield Site Rehabilitation Agreement • All benefits of Brownfield Area • Regulatory framework for cleanup (Chapter 62-785, F.A.C,) • Dedicated staff expedited technical review • Liability protection • Tax credits • Florida corporate income tax o Credits may be transferred one time Brownfield Site Rehabilitation Agreement benefits administered by DEP Site Rehabilitation No Further Action SRCO) Affordable Housing, health care facility or health care provider Solid Waste (Removal, Transport, and Disposal) Annually Once Once Once 25% 50% $500,000 $500,000 Any real property where the expansion, redevelopment or reuse is complicated by actual or perceived contamination. Cleaning up and reinvesting in Brownfield properties facilitates job growth, utilizes existing infrastructure, increases local tax bases, removes development pressures on undeveloped open land as well as both improving and protecting the environment. Florida's Brownfields Redevelopment Program - • Creates jobs • Promotes voluntary cleanup • Prevents the premature development of greerspace (farmland, open space and natural areas) • Reduces public cost for installing infrastructure in greenspaces • Encourages the highest and best use of blighted properties • lvfinimizes or eliminates the need for environmental enforcement or state -funded cleanup • Encourages community revitalization Brownfield redevelopment is of great importance in Florida where balancing strong economic and community growth with suburban sprawl is an ongoing challenge. On the cover Originally des Toped and operated as a cannery from 1936 until 1981, the site of -Florida's newest IKEA store had been ctwractcriaed by local media as a "gritty industrial site between the Port of Tampa and Ybar City'. Panattord Development purchased the property in 2005 and entered the Florida Broumftelds Redeodopment Program in 2007 IKEA purchased the property in 2008 from Panattoni after most of the environmental remedial work was complete and opened the store in Mizy 2009. The environmental issues associated with the property were managed by removal of underground storage tanks, railroad tracks and contmninatedsoil and the use of engineering and institutional corrtrOls. The redeveloped 29-acre site now contains a 353,000 square foot store, a 350 seat restaurant and approximately 1,700 parking spaces. With the opening of the IKEA store a dstination shopping location has been created immediately adjacent to historic Ybor City and Wit in the Adam) corridor, which stretches between the Tampa suburb of Brandon and downtcwwn Tampa. The IKEA project created 500 construction jobs and 400 new, in-store jabs. When the store opened, the Tampa area had been particularly hard hit by the effects of the economic downturn and jabs were being lost. The opening of IKEA and the number of jobs being created was widely anticipates and reported from the time that store was announced until several months after the opening. The presence of the IKEA store is expected to be a catalyst for Department of Environmental Protection Brownfields Redevelopment Program Bureau of Waste Cleanup MS 4505 2600 Blair Stone Road Tallahassee, Florida 32399-2400 (850) 245-8934 ww w,deh. sta ten us FLORIDA BROWNFIELDS REDEVELOPMENT PROGRAM TRANSFORMING COMMUNITIES if your property is located in a designated Brownfield area, you mac beeligiblefur- • 52,500 job Bonus Refund for each new job created in a designated hruwtnfield area by an eligible business. These benefits may be greater if the area has other designations (i.e., Enterprise Zune, etc.) • Sales Tax Credit on building materials pun'hased for tine cutrtructiun of an affordable huusing project ur mixed -use affordable housing project in a designated brownfield area • State Loan Guarantees fur primary lenders, up to 5O on all brownfield site and up to 75% if the property is redeveloped as affordable housing, a health care facility ur health care provider In addition, if you enter into a Brownfield Site Rehabilitation Agreement (BSRA), you will be eligible for - • 50% Voluntary Cleanup Tax Credit (VCTC)• annually on all eligible rusts • 25% Additional VCTC• on all eligible costs when cleanup is complete • 25°/A Additional VCTC• if the property is redeveloped with affordable housing, a health care facility or health care provider • 50% One -Time VCTC• on eligible solid waste removal costs Federal benefits that may also be available • Site -Specific Activities Grant to DEP to cunduct Phase l ur iI assessments and/or limited source removals for eligible recipients using federal grant funds • National Brownfields Assessment, Revolving Loan Fund and Cleanup Grants • Brownfields Federal Tax Incentive that allows environmental cleanup costs to be fully deducted in the same year they occur • Risk -Based Corrective Action is a clear process using rules 62-765 and 62-777, F.A.C., that provide • Default Cleanup Target Levels (LFLs) • Risk as smenttoolstodrivealterativeCT'Ls • Risk management options • institutiotnal and engineering controls to achieve a Site Rehabilitation Completion Order (SRCL1) • Special relief for sites with groundwater CTLs based on nuisance, organuleptic ur aesthetic considerations • Cleanup Liability Protection provided upon exerulion of a BSRA • Dedicated 8rownlields Staff in each DEP district office whose primary responsibility is facilitating implementation of flSRAs • Expedited Review of all technical ducuments • EPA Comfort Letters issued for Comprehensive Environmental Response, Compensation, and Liability Act sites • Lender Liability Protection Additional benefits may be available through local and federal government agencies Brownfields Redevelopment Program www.de -i,state9Lits/waste/catetiories/browrifields Voluntary Cleanup Tax Credit Program www.dep.stale.11.tislwaste /categories/ vcti Enterprise Florida, Inc. e.c°F an s r t v v.floridabusiness, it • The Vuluntur_y Clem Florida's corporate p Tax Credit is applied!, DLO There are tleree local programs delegated by the Florida Department of Environmental Protection (DEP) to adminisier the Brownfields program in their communities, The contacts for these local programs arm Br©ward County Hillsborough County Miami -Dade County Dave Vanlandinghain Mary Yeargan 954519.1478 813.627.2600, ext. Sandra Rezola .6 • ernofs Ciffice of Tourism, Trade & Karl Blischke, 850.487.2568 karlblisclikee,coenivtlocida =nett Enterprise Florida, inc. Joseph Bell, 407.956.5622 jhnIleAelpri la.core is Develop !'1011.111t#011111111 Designated Brownfield Areas Florida's brownfield areas are designated by resolution of a local government, and are defined as contiguous areas of one or more brownfield sites, some of which may not be contaminated. Such areas may include all or portions of community redevelopment areas, enterprise zones, empowerment zones, Environmental Protection Agency -designated brownfield pilot projects, and other designated areas or communities experiencing economic distress. A brownfield site means real property, the expansion, redevelopment, or reuse of which may be complicated by actual or perceived environmental contamination. Florida's brownfield program offers businesses and developers a very generous and flexible set of regulatory and financial incentives to clean up and redevelop a brownfield site. Just a few of the advantages of brownfield sites include: • $2,500 job bonus refund for each new job created by an eligible business • Highly attractive business locations with existing infrastructure Proximity to highly skilled labor and downtown business districts • Increased state loan guarantees to improve lending opportunities Use of federal, state and local resources to assist in the redevelopment of brownfields • Expedited permitting For the community, brownfield redevelopment projects create new jobs and tax revenues, improve the environment, revitalize neighborhoods, increase property values, eliminate environmental inequities, and enhance the overall quality of life. COUNTIES CONTAINING STATE -DESIGNATED BROWNFIELD AREAS Alachua County Hardee County Bay County Brevard County Broward County Charlotte County Citrus County Clay County Collier County Columbia County Duval County Escambia County Flagler County Gadsden County Gulf County Hamilton County Palm Beach County Highlands County Pinellas County Hillsborough County Polk County Indian River County Putnam County Lake County Santa Rosa County Lee County Sarasota County Leon County Seminole County Manatee County St. Johns County Marion County St, Lucie County Miami -Dade County Suwanee County Monroe County Taylor County Okaloosa County Volusia County Orange County Wakulia County Osceola County Washington County Pasco County tiPiAgin,y, a a 6,Agedge;V;;,'),' 744,40.4 Rage 1 of 21 florida.cr)m State Incentives Brownfield Redevelopment Bonus Refund A $2,500 tax refund is available for each new job created by an eligible business, See Section 288107, Florida Statutes, for details. Voluntary Clean Up Tax Credits (VCTC) Projects that execute a Brownfield Site Remediation Agreement (BSRA) with the Florida Department of Environmental Protection are eligible for a 50% tax credit for cleanup costs. The tax credit is applicable to Florida's corporate income tax, An additional 25% tax credit is available if the property is redeveloped with affordable housing. See Section 37630781, Florida Statutes, for details. Sales Tax Credit on Building Materials A sales tax credit on building materials is available for construction of housing o See Section 212.08, Florida Statutes, for details. mixed -use projects. Loan Guarantee Program Up to 5 years of state loan guarantees may be available for redevelopment projects in brownfield areas. The loan guaranty applies to 50% of the primary lender loan. If the project is for affordable housing, the loan guaranty applies to 75% of the lender loan. See Section 376.86, Florida Statutes, for details. Cleanup Liability Protection Cleanup liability protection is available for projects that have an executed Brownfield Site Remediation Agreement with the Florida Department of Environmental Protection, See Section 376.82, Florida Statutes, for details. mr/4974"#,: Adittitiddi fig State Contacts Enterprise Florida, Inc. Joseph Bell 800 North Magnolia Avenue Suite 1100 Orlando, Florida 32803 Phone: 407.956.5622 Fax:407.956.5559 Email: jbell@eflorida.com vvww.efloricla,com Florida Department of Economic Opportunity Division of Strategic Business Development Karl Blischke 400 South Monroe Street The Capitol, Suite 2001 Tallahassee, Florida 32399-0001 Phone: 850.717.8962 Email: Karl.Blischke@deo.myflorida,com www myflorida corn Florida Department of Environmental Protection Kim Walker Brownfield Redevelopment Program Bureau of Waste Cleanup, MS 4505 2600 Blair Stone Road Tallahassee, Florida 32399-2400 Phone: 850.245.8934 Fax: 850.245.8976 Email: kim.walker@dep.state.fl.us wvvw,clep.statell.US District Offices Office Northeast District Office Northwest District Office Central District Office Southwest District Office South District Office Southeast District Office Contact Phone Darrin McKeehen 1 904,8073251 Alex Webster 850,595.0664 George Houston 407894.7555 John Sego 813.632.7600 Albert McLaurin 239.344 5605 Art Torvela 561.681.6676 Enterprise Florida, Inc, is a partnership between Florida's government and business leaders and is the principal economic development organization for the State of Florida. 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