Fla. Admin. Code Ann. R. 62-819.012 - Examination for Hazardous Materials Contamination

(1) All sites acquired with funds from the Florida Forever Trust Fund shall be examined for hazardous materials contamination within 90 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 (ASTM). 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 onsite.

(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) In the event an adverse environmental assessment is reported on a site after approval of the Project Plan for the site, the Trust shall assess the risk to the State. Because the Board of Trustees will have an executory interest in the Project Site, the Trust shall have the right to refuse to deliver funds for closing if the Trust determines the hazardous materials contamination presents a liability to the State that outweighs the benefits to be derived from the Acquisition of the Project Site. If it is determined by the Trust that a delay in, or termination of the Acquisition is necessary, the Trust 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.

Notes

Fla. Admin. Code Ann. R. 62-819.012

Rulemaking Authority 380.507(11) FS. Law Implemented 259.105, 380.501-.515 FS.

New 5-27-01, Amended 2-8-05, Formerly 9K-8.012, Amended 6-9-13.

New 5-27-01, Amended 2-8-05, Formerly 9K-8.012, Amended 6-9-13.