Fort Walton Beach Council agenda — 06-26-12 regular — reading text

establish by rule, criteria for determining the rehabilitation program tasks that comprise a site rehabilitation program and the level at which a rehabilitation program task and a site rehabilitation program may be deemed complete; NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter contained, it is agreed as follows: This BSRA is entered into between the Department and the City of Fort Walton Beach, hereinafter the Person Responsible For Brownfield Site Rehabilitation PRFBSR ") (collectively referred to as the " parties "), for the rehabilitation of a brownfield site within a designated brownfield area pursuant to § 376. 80( 5), F. S. The Department and the PRFBSR agree to the following:  47!m luawoajBV uogerh19e4ab plallumoi9 : Ogg 0 MS Rem „ red dP1S aloejIW SZ- VUS81eulj :3uawyoellV m a City of Fort Walton Beach Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF661101001 a vY aVW DEPARTMENT OF ENVIRONMENTAL PROTECTION The Department is the agency of the State of Florida with authority and power to enforce the provisions of Chapters 376 and 403, F. S. 2. PERSON RESPONSIBLE FOR BROWNFIELD SITE REHABILITATION The City of Fort Walton Beach is the PRFBSR as defined in § 376.79( 13), F. S., for the real property described in the map and legal description in Attachment A (the Brownfield Site'), incorporated herein, that has been designated by the City of Fort Walton Beach in Resolution Number 2011 -33, dated October 25, 2011 as a brownfeld area as defined in § 376.79( 4), F. S. Attachment A is a composite exhibit that includes: ( a) the legal description and map of the Brownfield Site; and b) the city resolution with all attachments including the map of the designated brownfield area. The brownfield site consists of more or less ( MOL) 0. 67 acres. The legal boundaries of the brownfield site and the brownfield area are the same. 3. PRFBSR' S DUTIES The PRFBSR agrees: a) to conduct " site rehabilitation” of any " contaminated site(s)" as defined in 376.79, F. S., whose source originates on the real property described in Attachment A as the Brownfield site. If such contaminated site( s) extend( s) beyond the boundary of the Brownfield site, then PRFBSR agrees to conduct site rehabilitation to address the entire contaminated site. ; b) to conduct site rehabilitation and submit technical reports and rehabilitation plans in a timely manner according to the attached brownfield site rehabilitation schedule agreed upon by the parties ( see Attachment B), and incorporated herein; c) to conduct site rehabilitation activities under the observation of professional engineers or professional geologists, as applicable, who are registered in accordance with the requirements of Chapters 471 or 492, F. S., respectively. Submittals provided by the PRFBSR must be signed and sealed by a professional engineer registered under Chapter 471, F. S., or by a professional geologist registered under Chapter 492, F. S., as applicable, certifying that the submittal and associated work comply with the laws and rules of the Department and those governing the profession. Upon completion of the approved remedial action, a professional engineer registered under Chapter 471, F. S., or a professional geologist registered under Chapter 492, F. S., as applicable, must certify that the corrective Page 2 of 14 Fl Walton Beach BSRA Miracle Strip Parkway  411M luawaaJBV uopelll! Qe4aa plaguMoie : Ogg 0 MS AeM4red du1S alaej! W SZ - V21SS ieu! d : luaw43e11V n r City of Fort Walton Beach Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF661101001 mYu action was, to the best of his or her knowledge, completed in substantial a conformance with the plans and specifications approved by the Department; d) to conduct site rehabilitation in accordance with Chapter 62 -160, F.A.C., as the same may be amended from time to time; e) to obtain any local, state or federal approvals or permits required for the site rehabilitation work and to conduct the necessary site rehabilitation consistent with local, state, and federal laws, rules and ordinances. All site rehabilitation shall be consistent with the cleanup criteria in § 376. 81, F. S., the requirements of Chapters 62 -785, F. A.C., Brownfields Cleanup Criteria, and 62 -777, F. A.C., Contaminant Cleanup Target Levels; f) to allow access by the Department during the entire site rehabilitation process, as evidenced by the attached documentation ( see Attachment C) incorporated herein, establishing that such site access has been secured by agreement with the real property owner. Upon the transfer of any real property interest in any portion of the Brownfield Site before site rehabilitation is complete, the PRFBSR shall notify the Department within 15 days from the date that such an interest is effective. With notice the PRFBSR shall provide a copy of an access agreement in substantially the same form as that in Attachment C with any successor in interest to the real property owner of the Brownfield Site or with any party with a real property interest in the Brownfield Site after the effective date of this agreement, granting such access to the Department; and g) to consider appropriate pollution prevention measures and to implement those that the PRFBSR determines are reasonable and cost -effective, taking into account the ultimate use or uses of the real property described in Attachment A. 4. CERTIFICATION The PRFBSR is the local government with jurisdiction over the real property described in Attachment A. Therefore, the PRFBSR certifies that the proposed redevelopment complies with applicable laws and requirements for such redevelopment. Documentation provided that describes the proposed redevelopment is provided as Attachment D. Page 3 of 14 Ft Walton Beach BSRA Mirade Strip Parkway  grlm luawaaAV uoge1lllgegaa plat ;umoig : eSBL) MS lemxjed dins alaejlW SZ - VUS9 leuld :; uawgaeryy aa City of Fort Walton Beach Brownfield Site Rehabilitation Agreement o. Brownfield Site ID # BF661101001 Y aum 7. VOLUNTARY CLEANUP TAX CREDIT PROGRAM Not all activities that are approved or performed in association with a BSRA are eligible for the state's Voluntary Cleanup Tax Credit (VCTC). In accordance with Chapter 62 -788, F. A.C., only costs incurred and paid that are either integral, necessary and required for site rehabilitation or for solid waste removal, are eligible for the VCTC. " Site rehabilitation' means the assessment of site contamination and the remediation activities that reduce the levels of contaminants at a site through accepted treatment methods to meet the cleanup target levels established for that site. For purposes of sites subject to the Resource Conservation and Recovery Act, as amended, the term includes removal, decontamination, and corrective action of releases of hazardous substances. " Solid waste removal" means removal of solid waste from the land surface or excavation of solid waste from below the land surface and removal of the solid waste from the brownfield site. Nothing contained herein is intended to limit the VCTC otherwise available to the PRFBSR under applicable law. General information about the VCTC Program is available at http: / www.dep. / state.fl. us/ waste /categories /vctc/default. htm. For specific questions regarding the VCTC Program, please contact the Department' s Bureau of Waste Cleanup at (850) 245 -8927. 8. ADVISORY COMMITTEE The PRFBSR shall establish an advisory committee pursuant to the requirements of §376. 80( 4), F.S., for the purpose of improving public participation and receiving public comments on rehabilitation and redevelopment of the brownfield area, future land use, local employment opportunities, community safety, and environmental justice. The advisory committee should include residents within or adjacent to the brownfield area, businesses operating within the brownfield area, and others deemed appropriate. However, if an appropriate local advisory committee already exists, this committee may be used for requesting public participation and for the purposes of complying with this paragraph. The PRFBSR shall provide the advisory committee a copy of the final proposed draft BSRA and a copy of the executed BSRA. When the PRFBSR submits a site assessment report or the technical document containing the proposed course of action following site assessment to the Department or the local pollution control program for review, the PRFBSR shall hold a meeting or attend a regularly scheduled meeting to inform the advisory committee of the findings and