Florida Regulations 62-817.012: Examination for Hazardous Materials Contamination
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(1) All sites acquired with funds from the Preservation 2000 Trust Fund shall be examined for hazardous materials contamination within 45 days before closing.
(2) The examination for hazardous materials contamination shall be performed by an individual who is experienced in performing such an environmental site assessment and shall be documented in writing to the Trust and the recipient.
(3) The examination for hazardous materials contamination shall be performed to the standard of practice of the American Society of Testing Materials. For Phase I environmental site assessment, such standard of practice shall be the ASTM Practice E 1527. If the Findings and Conclusions section of the assessment reports evidence of recognized environmental conditions, then a Phase II Environmental Site Assessment shall be performed to address any suspicions raised in the Phase I environmental site assessment and to confirm the presence of contaminants on site.
(4) Prior to closing the recipient shall examine the written assessment and advise the Trust in writing of its understanding that by accepting title, it may be assuming liability for future adverse action or cleanup associated with the lands covered by the assessment.
(5) Because the Board of Trustees will have an executory interest in the land, the Trust shall have the right to refuse to deliver funds for closing a site where hazardous materials contamination, in the sole view of the Trust, presents a liability to the state that outweighs the benefits derived from the acquisition of the site. In the event an adverse environmental assessment is reported on a site after the Trust governing board has approved the project plan and the release of funds for the site, the Trust governing board hereby delegates to Trust staff the authority to determine if a delay in, or termination of, the closing is in the best interest of the State of Florida. Exercise of such delegation of authority shall be subject to ratification by the governing board at its next regularly scheduled meeting. Prior to exercising the delegation of authority, the Trust staff shall confer with the appropriate staff of the Department of Environmental Protection for assistance in assessing the risk to the State of Florida. If it is determined by Trust staff that a delay in, or termination of, the closing is in the best interest of the State of Florida, the Trust staff shall immediately notify the Recipient. The party responsible for negotiations shall immediately notify all other parties to the purchase agreement of the action taken and the basis for the action.
Rulemaking Authority Florida Statutes § 380.507(11). Law Implemented 259.101, 375.045, 380.501-.515 FS. History-New 7-7-94, Formerly 9K-6.012.
Terms Used In Florida Regulations 62-817.012
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
(3) The examination for hazardous materials contamination shall be performed to the standard of practice of the American Society of Testing Materials. For Phase I environmental site assessment, such standard of practice shall be the ASTM Practice E 1527. If the Findings and Conclusions section of the assessment reports evidence of recognized environmental conditions, then a Phase II Environmental Site Assessment shall be performed to address any suspicions raised in the Phase I environmental site assessment and to confirm the presence of contaminants on site.
(4) Prior to closing the recipient shall examine the written assessment and advise the Trust in writing of its understanding that by accepting title, it may be assuming liability for future adverse action or cleanup associated with the lands covered by the assessment.
(5) Because the Board of Trustees will have an executory interest in the land, the Trust shall have the right to refuse to deliver funds for closing a site where hazardous materials contamination, in the sole view of the Trust, presents a liability to the state that outweighs the benefits derived from the acquisition of the site. In the event an adverse environmental assessment is reported on a site after the Trust governing board has approved the project plan and the release of funds for the site, the Trust governing board hereby delegates to Trust staff the authority to determine if a delay in, or termination of, the closing is in the best interest of the State of Florida. Exercise of such delegation of authority shall be subject to ratification by the governing board at its next regularly scheduled meeting. Prior to exercising the delegation of authority, the Trust staff shall confer with the appropriate staff of the Department of Environmental Protection for assistance in assessing the risk to the State of Florida. If it is determined by Trust staff that a delay in, or termination of, the closing is in the best interest of the State of Florida, the Trust staff shall immediately notify the Recipient. The party responsible for negotiations shall immediately notify all other parties to the purchase agreement of the action taken and the basis for the action.
Rulemaking Authority Florida Statutes § 380.507(11). Law Implemented 259.101, 375.045, 380.501-.515 FS. History-New 7-7-94, Formerly 9K-6.012.