{Addressee Name}

Page 1

September 17, 2018

{Date}

{Addressee}

{Company name}

{Street address}

{City, state, zip code}

Re:{Name & Address of Eligible Site}

DEP Facility Number {xxxxxxxxx} eligible for IVPSSR on {Date}

Discharge Date(s): {xx/xx/xxxx}

Priority Score:{xxx}

Site Manager: {if applicable}

Dear {Addressee}:

This is written in response to your {Date} request for information about the Innocent Victim Petroleum Storage System Restoration (IVPSSR) Program and information regarding the Department’s enforcement policy toward a property owner whose property has been contaminated with pollutants emanating from an adjacent source property. Below is general information, please see the appropriate Department site file for more information about a specific property.

Property owners are nearly always liable for contamination on their own property. However, the Department will not take enforcement action for cleanup or for cost recovery against an owner of property where pollutants have migrated from sources outside of the property; provided, that the owner did not cause, contribute to or exacerbate the release or discharge, the person causing the release is not contractually related to the owner, and the owner is not alternatively liable as a generator or transporter, or as owner/operator of the source. This policy extends to the adjacent property owner’s (contaminated non-source property owner) successors and lenders. See §376.308, Florida Statutes.

The adjacent property owner is not without responsibilities, however. The adjacent property owner should grant site access (in some circumstances must grant site access) to allow inspections, assessment and remediation of the contamination on the property. If there are construction activities on this site such activities must not cause further spreading of and/or exacerbate the contamination. If any contaminated soil, groundwater or other media are removed it must be properly treated and/or disposed of in accordance with Department rules. Lastly, as a reminder, there are OSHA regulations regarding worker safety on contaminated construction sites.

Regarding cleanup at sites eligible for state funding, such as those eligible for IVPSSR, the state pays for the cleanup of the petroleum contamination on the eligible source property. Additionally, the state will pay the cost of cleanup if the eligible petroleum contamination has migrated onto any adjacent properties. That means if it is shown to the Department that there is petroleum contamination at the “non-source” property” which originated from a site receiving a state funded cleanup, the state will pay for the cleanup of the eligible petroleum at the non-source property as well as the reasonable costs to restore the property as nearly as practicable to the conditions that existed prior to the assessment. However, the responsibilities outlined in the previous paragraph still apply, the property owner must provide site access, etc. For more information about conducting a petroleum contaminated site clean up see Rules 62-780 and 62-777, Florida Administrative Code.

For an IVPSSR site, the state does not pay for the cost of any discharges after the date of the IVPSSR eligibility order. Any discharges subsequent to that date or any non-petroleum contamination are not covered by the IVPSSR eligibility determination and, therefore, are not subject to the same protections afforded by subsection 376.308(5), F.S.

Contractors conducting work in the state’s pre-approval program must follow, among other rules, the insurance and contracting requirements of Subsection 376.30711(2) and (5), F.S. For a list of contractors qualified to participate in the IPTF pre-approval program go to the Department’s web site at:

To ensure there are no misunderstandings, I recommend coordinating any construction activities that require digging with the Department’s {specify district} District Office at {(xxx) xxx-xxxx} or {(if applicable) specify county} Office at {(xxx)xxx-xxxx}.

Please contact me at {(xxx) xxx-xxxx} if you have further questions.

Sincerely,

{Name}

{Title}

ec:PRPSite file

AdjacentOwnerIVPSSR-082211