§ 143-215.104L. (Expires January 1, 2022 - see notes) Public notice and community involvement.
§ 143‑215.104L. (Expires January 1, 2022 see notes) Public notice and community involvement.
(a) If a petitionerdesires to enter into a dry‑cleaning solvent remediation agreement basedon remediation standards that rely on the creation of land‑use restrictions,or on the use of State or local land‑use controls, the Commission or theCommission's private contractor on behalf of the petitioner shall notify thepublic and the community in which the facility or abandoned site is located ofthe planned remediation activities. On behalf of the petitioner, the Commissionor the Commission's private contractor shall prepare a Notice of Intent toRemediate a Dry‑Cleaning Solvent Facility or Abandoned Site and a summaryof the Notice of Intent. The Notice of Intent shall provide, to the extentknown, a legal description of the location of the contamination site, a mapshowing the location of the contamination site, a description of thecontaminants involved and their concentrations in the media of the contaminationsite, a description of the future use of the contamination site, any proposedinvestigation and remediation, and a description of any land‑userestrictions and State and local land‑use controls that will be used.Both the Notice of Intent and the summary of the Notice of Intent shall statethe time period and means for submitting written comment and for requesting apublic meeting on the proposed dry‑cleaning solvent remediationagreement. The summary of the Notice of Intent shall include a statement as tothe public availability of the full Notice of Intent. After approval of theNotice of Intent and summary of the Notice of Intent by the Commission, theCommission or the Commission's private contractor shall provide a copy of theNotice of Intent to all local governments having jurisdiction over thecontamination site. The Commission or Commission's private contractor shallpublish the summary of the Notice of Intent in a newspaper of generalcirculation serving the area in which the contamination is located and shallmail a copy of the summary to each owner of property located within thecontamination site and to each owner of property that is contiguous to thecontamination site. The Commission or the Commission's private contractor shallalso conspicuously post a copy of the summary of the Notice of Intent at thecontamination site.
(b) Publication of theapproved summary of the Notice of Intent in a newspaper of general circulationshall begin a public comment period of at least 30 days from the date of publication.During the public comment period, members of the public, residents of thecommunity in which the contamination site is located, and local governmentshaving jurisdiction over the contamination site may submit comment on theproposed dry‑cleaning solvent remediation agreement, including methodsand degree of remediation, future land uses, and impact on local employment.
(c) Any person whodesires a public meeting on a proposed dry‑cleaning solvent remediationagreement shall submit a written request for a public meeting to the Commissionwithin 30 days after the public comment period begins. The Commission shallconsider all requests for a public meeting and shall hold a public meeting ifthe Commission determines that there is significant public interest in theproposed remediation agreement. If the Commission decides to hold a publicmeeting, the Commission shall, at least 30 days prior to the public meeting,mail written notice of the public meeting to all persons who requested thepublic meeting and to any other person who had previously requested notice. TheCommission shall also publish, at least 30 days prior to the date of the publicmeeting, a notice of the public meeting at least one time in a newspaper havinggeneral circulation in the county where the contamination site is located. Inany county in which there is more than one newspaper having generalcirculation, the Commission shall publish a copy of the notice in as manynewspapers having general circulation in the county as the Commission in itsdiscretion determines to be necessary to assure that the notice is generallyavailable throughout the county. The Commission shall prescribe the form andcontent of the notice to be published. The Commission shall prescribe theprocedures to be followed in the public meeting. The Commission shall takedetailed minutes of the meeting. The minutes shall include any written commentsreceived during the public meeting. The Commission shall take into account thecomment received during the comment period and at the public meeting if theCommission holds a public meeting. The Commission shall incorporate into theremediation agreement provisions that reflect comment received during thecomment period and at the public meeting to the extent practical. TheCommission shall give particular consideration to written comment that issupported by valid scientific and technical information and analysis. (1997‑392, s. 1; 2007‑530,s. 9; 2009‑483, s. 3.)