(Includes several corrections/revisions since the previous final edition posted on 09-12-08)
Notice of Application Period for
Preapproved Advanced Cleanup Program (PAC) |
The Department of Environmental Protection announces that it will not have a PAC application period between November 1, 2008 and December 31, 2008.
Any questions or additional comments regarding the PAC program can be referred to Government Analyst II Roger W. Rook at (850) 245-8822 or via e-mail:
roger.rook@dep.state.fl.us.
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Petroleum Cleanup Preapproval Program Spending Procedures for Fiscal Year 2008-2009
Updated: June 24, 2008
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View the Procedures Here
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PRIORITY SCORE FUNDING
THRESHOLD NOTICE ~
EFFECTIVE July 1, 2008
 The Department of Environmental Protection has determined that a slight upward score adjustment for the priority score funding threshold is needed. Therefore, as of July 1, 2008, the score will be adjusted from 37 to 45. All work orders that are listed on the weekly approval list and in the backlog scored 37 to 44 will be paid for proposal preparation. The prepared work orders will be returned to the contractors once the proposal preparation payment is processed.
As of July 1st, 2008, sites scored 37 to 44 can participate in the Limited Source Removal Initiative if they meet all the requirements.
Details of the LSRI can be found at the link below:
LSRI Information
Further details are included in the routine spending procedures for the new fiscal year:
Score Increase Procedures
Questions regarding these procedures
should be directed to either Charles Williams @ 850/245-8863 or Mike
Ashey @ 850/245-8821.
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Cleanup Program Legislation - 2008
Please Note: most of the following legislative changes
become effective July 1, 2008
Download the PDF
Version |
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PLRIP (Petroleum Liability and Restoration Insurance Program) CAPS: |
Old |
New |
| $1 Million |
$1.2 Million |
| $300,000 |
$400,000 |
| $150,000 |
$300,000 |
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- Sites do not qualify for new CAPS if SRCO was issued by the Department on or prior to 06/01/08
- Deductibles have not changed
- Clean up costs paid outside of preapproval are not reimbursable
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PCPP (Petroleum Cleanup Participation Program) CAPS:
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Old |
New |
| $300,000 |
$400,000 |
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- Sites do not qualify for new CAPS if SRCO was issued by the Department on or prior to 06/01/08
- Clean up costs paid outside of preapproval are not reimbursable
- All previous eligibility requirements remain unchanged
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INNOCENT VICTIM PROGRAM
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Innocent Victim Program (IVP) revision: The term “acquired” was clarified, see underlined language. This statute is retroactive to January 1, 2008. A contaminated site acquired
by the current owner prior to July 1, 1990, which has ceased operating as a petroleum storage or retail business prior to January 1, 1985, is eligible for financial assistance pursuant to s. 376.305(6), notwithstanding s. 376.305(6)(a).
For purposes of this section, the term "acquired" means the acquisition of title to the property; however, a subsequent transfer of the property to a spouse, a surviving spouse in trust or free of trust, or a revocable trust created for the benefit of the settlor does not disqualify the site from financial assistance pursuant to s. 376.305(6). Eligible sites shall be ranked in accordance with s. 74 376.3071(5).
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Other Legislative Updates include: |
Deadline on invoices: s.376.30711(5)(b) states: The contractor shall submit an invoice to the department within 30 days after the date of the department’s written acceptance of each interim deliverable or written approval of the final deliverable specified in a preapproved site rehabilitation agreement.
Prompt payment: s.376.30711(5)(d) states: Contractors or persons to which the contractor has assigned its right to payment pursuant to paragraph (a), shall make prompt payment to subcontractors and suppliers for their costs associated with a preapproved site rehabilitation agreement pursuant to s. 287.0585(1)., which states: if the contractor without reasonable cause fails to make payments required by this section to subcontractors and suppliers within 7 working days after the receipt by the contractor of full or partial payment, the contractor shall pay to the subcontractors and suppliers a penalty in the amount of one-half of 1 percent of the amount due, per day, from the expiration of the period allowed herein for payment. Such penalty shall be in addition to actual payments owed and shall not exceed 15 percent of the outstanding balance due. In addition to other fines or penalties, a person found not in compliance with any provision of this subsection may be ordered by the court to make restitution for attorney’s fees and all related costs to the aggrieved party or the Department of Legal Affairs when it provides legal assistance pursuant to this section. The Department of Legal Affairs may provide legal assistance to subcontractors or vendors in proceedings brought against contractors under the provisions of this section.
s. 376.30711(5)(e) states: The exemption in s. 287.0585(2) shall not apply to payments associated with a preapproved site rehabilitation agreement. Contractors may no longer have a contract with their subcontractors or sub vendors providing for a different payment plan for payments associated with a preapproved site rehabilitation agreement.
Extension of LSRI deadline from June 30, 2008, to June 30, 2009
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Important Announcement Regarding Use of Preapproval
Oversight Templates
View the PDF
File
Notice of New/Updated Petroleum Cleanup Program Guidance
Effective Date - March 1, 2007
The Bureau of Petroleum Storage Systems has released several new or updated guidance documents pertaining to Contaminated Soil Source Removal (SR), Determination of Subsequently Discovered Discharges at Facilities with Preexisting Eligible Petroleum Discharges, and Enforcement of Laboratory NELAP Certification Requirements.
The specific documents are listed below:
Contacts
SCORING NON-ELIGIBLE SITES
The purpose of this notice is to clarify the initiative the Bureau has undertaken to score non-eligible petroleum contaminated sites.
In order to provide DEP District offices with a tool to help them prioritize their enforcement effort with respect to non-eligible sites which have no activity, the Bureau is having non-eligible sites scored.
This score is for DEP enforcement purposes only and the scoring of the noneligible sites is not to be considered as a cleanup prioritization for the responsible parties of these non-eligible sites.
All non-eligible discharges are required to be cleaned up in accordance with Chapter 62-770, F.A.C.
Any score that is assigned to a non-eligible site is for internal DEP use only.
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Announcements & Upcoming Events » Petroleum Cleanup Program
