January 26, 2005

Florida DEP Publishes Modified Notification Requirement

Holland & Knight Newsletter
Lawrence E. Sellers


The Florida Department of Environmental Protection (DEP) has published a proposed rule that would require persons responsible for site rehabilitation (PRSR) to promptly notify the agency of any off-site contamination. The agency then will determine whether to provide notice to neighbors, including adjacent property owners and residents. The proposal reflects a significant change to the earlier proposal, which would have required the PRSR to directly notify neighbors.

The proposed notice requirement was prompted by an incident in South Manatee County, Florida, where residents did not learn of contamination from a nearby plant until several years after it was discovered.

The notice requirement is included in proposed Chapter 62-780, the Contaminated Site Cleanup Criteria rule. This proposed rule will be the subject of a public hearing before the Environmental Regulation Commission on February 2.

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