Petrogram - Winter 2013 - (Page 11)
Cleanup Program is
Undergoing an Overhaul
or more than
27 years now, the
state of Florida and
property owners have
been wrestling with the
problem of leaking underBy Bob Fingar ground petroleum storage
systems. Ever since state
and federal governments first began to create tougher environmental regulations in the
1980s, the industry has adjusted to many
changes in the way regulators assign responsibility for cleanups.
As 2014 begins, site owners, operators
and contractors are facing yet another revision
of the state program addressing the legacy
problems of the abandoned and leaky tanks
installed before the era of secondary containment systems.
As you read this, the Legislature's
and Florida Department of Environmental
Protection's most recent overhaul of the petroleum cleanup program is well underway. While
some of the speciﬁcs are still being worked
out, the foundation for the program's overhaul was laid down in spring 2013 when the
Legislature passed the state's annual budget
and put in place new requirements for releasing state funds.
If you have a site awaiting cleanup, that
means things are changing. The biggest
change is that the DEP is creating a new system to hire environmental contractors based
on competitive procurement.
"The changes we're making to the
Petroleum Restoration Program will signiﬁcantly reduce the time and cost associated
with site cleanup. We appreciate the assistance of FPMA in helping us understand the
industry's concerns," said DEP Secretary
Herschel T. Vinyard Jr. "I'm conﬁdent that
the program changes are in the best interest of
site owners, the environment, and taxpayers."
WHAT'S NEW IN 2014?
The 2013 Appropriations Act passed by
the Legislature held back $75 million of the
2013-2014 Inland Protection Trust Fund
appropriation until DEP submitted a plan to
its overseers "to improve the effectiveness
and efﬁciency" of the cleanup program. That
plan was approved in September, and DEP
now has until January 1 to adopt the rules to
implement these plans. The Legislature also
speciﬁed that cleanup "must be procured
through competitive bidding."
DEP proposed amendments in October
to the Site Priority Ranking Rule to narrow
the deﬁnition of "imminent threat" to sites
where there is "an immediate exposure risk."
The proposed rule would also provide for rescoring of sites based on information gleaned
from the site assessment, risk assessment
or post-remediation monitoring. While these
rules are still under consideration as this issue
of Petrogram goes to press, site owners should
expect the state to begin re-ranking many
sites on the existing cleanup list.
DEP is moving forward with plans to
competitively procure "agency term contractors" who will undergo regular performance
reviews. DEP issued an Invitation to Negotiate
last October with November deadlines for
contractors wishing to participate.
Instead of subdividing program phases
(site assessment, remedial action, etc.), DEP
expects to issue task assignments for the
complete phase of cleanup. For work that
is estimated at $25,000 or less and for site
assessment work, DEP will "directly assign"
the work to an agency term contractor in the
ELIGIBLE SITES UNDERWAY
ELIGIBLE SITES AWAITING CLEANUP
SITES CLEANED UP
$200 0 000 000
OVER $2 BILLION SPENT
Florida Department of
region. If the cost exceeds $25,000, DEP will
request quotes from all agency term contractors in the region and assign the work to the
low bid, while reserving the right to rely on
invitations to bid, requests for proposal or
invitations to negotiate among all qualiﬁed
contractors in order to award work.
Under these new procedures, the site
owner would generally no longer designate a
contractor. However, a site owner might still
be able to pick a contractor under the LowScored Site Initiative ("LSSI"), provided the
qualiﬁed contractor provides "best terms" or
satisfactory price quotes to DEP. If the owner
or responsible party will be paying at least
25 percent of the cleanup costs, then the
owner or responsible party may select any
agency term contractor. The site owner or
Continued on page 21
Table of Contents for the Digital Edition of Petrogram - Winter 2013
2013 FPMA Patron Members
Florida’s Petroleum Cleanup Program is Undergoing an Overhaul
As C-stores Branch Out, Channel Blurring Blossoms
Just Say No…to (Synthetic) Drugs
Staying Away from Negligent Security Lawsuits
FPMA’s 2013 Scholarship Golf Tournament and Conference of Committees
FPMA Featured Advertiser Marketplace
Calendar of Events
Index of Advertisers/Advertiser.com
Petrogram - Winter 2013
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