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Item C17BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 6I15I1 i Bulk Item: Yes X No Division: Public Works Department: Fleet Management Staff Contact Person/Phone ##: AGENDA ITEM WORDING: Approval to execute an agreement with the Florida Department of Environmental Protection (FDEP) for FDEP provided Site Rehabilitation Funding and fuel contamination cleanup at the Key West Public Works compound. ITEM BACKGROUND: Three (3) minor fuel discharges at the Key West Public Works compound were recorded with FDEP on March 7, 1994, September 17, 1996, and May 6, 1999. On August 2010, a Limited Contamination Assessment Report was submitted to FDEP for evaluation of any/all remaining contamination. At this time, FDEP is proposing that the County enter into a 100°lo FDEP10% County cost share agreement in priority score order of 10. Based on a minimal remaining amount of petroleum product, and the low priority score of 10, the cleanup shall be funded only as funding becomes available to FDEP. It will allow the County to "Park" the sight without further cost or responsibility until funding is made available for the site to be cleaned up and managed by the FDEP and the assigned cleanup contractors. PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: New agreement. STAFF RECOMMENDATIONS: Approval TOTAL. COST: NIA INDIRECT COST: BUDGETED: Yes No NIA DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: NIA SOURCE OF FUNDS: FDEP REVENUE PRODUCING: Yes _ No X AMOUNT PER MONTH Year _ � APPROVED BY: County Atty — C�(Purchasing Risk Management � � DOCUMENTATION: DISPOSITION: Revised 7109 Included X Not Required AGENDA ITEM # MEMORANDUM Dent Pierce, Director r LIbllc° Works Division ,v F'RM € € v Sanchez, Director 1 Fleet Management Department RE: Algenda Submission / lnf: rrnatl n Ment ' lie attached O °C agenda A rn is to request approval to execute are Agreement with the Florida Department of Environmental Protection f car (f' l EP) funded cleanup cif the following three () feel spills at the Key Fast Public Works Compourid. 0 .t1.a:rcd. "17, 1994 ri finally determined el bible for State finding and € le,anup 91 Septernb r 17. 1996 Or: finally determined no eligibl foi- State funding and cleanup Was granted no clear; up required May 9, 2001 C rivinal1v determined non-efigible for State ffinding and c-learILIP in the past (H:)EP) has not ordered clean up of the above described spills due, to 0111,r minor contamination exists and the fact that it could not be determined what portions of €,o€ttarnnat:ion came f-ork which spill. At t js t1rric WDEP) has agreed to group all coritarninat on, eligible and non -eligible, together making all contamination n eligible for State f"undin€ and cleanup. Additionally, they are requesting n that the grunty execute this Agreement ent which will add Monroe County to then- list for ftit€ire (f 1 EP) funding based € n a low priority ,score of 10, to be allocated when funding is made available to them. 'rhea Fleet Manaotenient Department r .contniends approval cif the attached Agreement as it should ass€Vre no cost to the Countv ft.)r cleanup of the existi - fitel contamination, now and in the f All-tre. ,.e�lilank You. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Florida Department of Contract # Environmental Protection Effective Date: June 15 1h, 2011 Expiration Date: N/A Contract Purpose/Description: Agreement with The Florida Department of Environmental Protection (FDEP) for FDEP provided Site Rehabilitation Funding an fuel contamination cleanup at the Key West Public Works compound Contract Manager: Roy Sanchez 3572 Fleet Management / #4 (Name) (Ext.) (Department/Stop #} for BOCC meeting on 06/15/11 Agenda Deadline: 05/31/11 CONTRACT COSTS Total Dollar Value of Contract: $ 0.00 Current Year Portion: $ 0.00 Budgeted? Yes® No ❑ Account Codes: - - - Grant: $ County Match: $ ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (e . maintenance, utilities, janitoTial, salaries CONTRACT REVIEW Changes Date In Needed Division Director I Yes❑ Nos Risk Management Yes[] No[ O.M.B./Purchasing LLa YesM Nod County Attorney 6 x �l Yesn NoK I Comments: OMB Form ReNised 2/27/01 MCP 42 Reviewer Date Out &1X11f Rick Scott Florida Department of Governor Environmental Protection lennifer Carroll Lt, Governor Bob Martincz Center 2600 Blair Stone Road Herschel T. Vinyard I r. I allahassec, Florida 32399-2400 Secretary, April 20, 2011 CERTIFIED MAIL - RETURN RECEIPT REQUESTED Receipt # 7006 0100 0003 1071 16i5O Mr. Roy Sanchez Monroe County Public Works Department 3583 South Roosevelt Boulevard Key West, Florida 040 Subject: Site Rehabilitation Funding Allocation Agreement Monroe County Public Works Div-Kev West 3583 S. Roosevelt Boulevard Kev West, Monroe County FDEP Facility ID# 448624745 Score: 10 Dear Mr. Sanchez: Enclosed is the Site Rehabilitation Funding Allocation (SRFA) agreement that iA,,as negotiated with Monroe County Public Works Department for the non-elible dischar,ye that was reported on May 6, 1999, at the site referenced above. please review the SRFA agreement and if you find this satisfactory, have the appropriate county representative sigri and return to me at this address, Mail Station 4590. After you return the agreement with the appropriate signature and Charles T. Williams, the Acting Chief of the Bureau of Petroleum Storage Systems, signs the agreement, I will send you a fully executed copy. Please include a cover letter on County letterhead with the agreement explaining the role of the Party Representative and the person who actually signs the agreement. You may retain a copy of your signed agreement, but an original signature agreement must be returned to process the fully executed agreement. vwvw.dep.stalt.11.us Mr. Sanchez April 20, 2011 Page 2 Please return the SRFA Agreement to the Department within 30 calendar days of receipt of this letter either signed or with a statement indicating why you decline to accept this agreement. If you have any questions about this agreement, please contact me at (850)877-1133, ext. 3715 or by email at bn-dlIerCmene.com.. Sincerely, ', Blake Miller Ecology & Envirorunent, Inc. Petroleum Cleanup Section 6 Bureau of Petroleum Storage Systems Rebecca Lock6nbach FDEP Section Leader Petroleum Cleanup Section 6 Bureau of Petroleum Storage Systems RP/bra Enclosure: Agreement and Attachment A ec! Erin Murphy, FDEP South District, erin.murphy@dep.state.fl.us This Site Rehabilitation Funding Allocation Agreement ("SRFAA" or "Agreement") is entered into between the Florida Department of Enviror-a-riental Protection and Monroe County Board of County Connnissioners (hereinafter known as the "Parties"). The purpose of this Agreement is to perform site rehabilitation on a cost share basis pursuant to Section 376.30714, Florida Statutes. In consideration of the mutual benefits to be derived herefrom, and other good and valuable consideration, the Parties hereby agree as follows: 1. The Florida Department of Environmental Protection ("Department") is the administrative agency of the State of Florida having the power and duty to protect Florida's air and water resources and to administer and enforce the provisions of Chapters 376 and 403, Florida Statutes (F.S.), and the rules promulgated thereunder in Title 62, Florida Administrative Code (F.A.C.). The Department has jurisdiction over the matters addressed in this Agreement. The Department is located at 3900 Commonwealth Boulevard, Tallahassee, Florida, 32399-3000. 2. The Monroe County Board of County Comissioners ("Applicant") is the entity that has assumed responsibility for the costs to remediate the non -program eligible contamination that is the subject of this Agreement, The Applicant's mailing address is 3583 South Roosevelt Boulevard, Key West, Florida .13040. 3. The facility (FDEP Facility Identification Number 448624745) located at 35 )83 & Roosevelt Boulevard, Kev West, Monroe Counts,, Florida and known as the Monroe County Public Works Div-Kev West (hereinafter referred to as "Site") has been found to have petroleum contamination. 4. Petroleum contamination originating at the Site has been determined to be eligible for restoration coverage under the Petroleum Liability and Restoration Insurance program ("PLRIP") with a $400,000.00 funding cap pursuant to Section 376.3072, Florida Statutes ("F.S."), for the discharge discovered on March 7,1994 ("eligible discharges"). Monroe County Public Works Div-Kcy West SRFAA FDEP Fac, ID. 448624745 Page] oF7 e SRFA AdministrAtorAd . Datlrlx.) V- 5. Pursuant to Section 376,30711, F.S,,, the Department is authorized to provide State funding assistance for discharges determined eligible for any of the funding programs, based on the priori",,, score established for, the eligible discharges pursuant to Section 376.3071(5)(a), F.S., and Chapter 62-771, Florida Administrative Code ("F.A.C."). 6. A discharge of petroleum products that is not eligible for State funded cleanup was discovered on, May 6,1999 at this Site. 7. It is necessary for the Applicant, and desirable for the Departs -lent, to address the cleanup of non -eligible discharges that have occurred at a facility with existing contamination that has been determined to be eligible for State -funded cleanup, K It is appropriate for persons assuming responsibility for cleanup of non -eligible discharges at facilities with eligible discharges, to share the costs associated with managing and conducting cleanup of those discharges upon application to the Department and in accordance with a priority established for such cleanup in negotiated site rehabilitation agreements. 9. used on the priority score of 10 established for the eligible discharge, the cleanup shall be funded as funding becomes available within the Department's preapproval program spending procedures. 10. The Applicant and the Department desire to enter into this Agreement in order to share the costs of site rehabilitation as set forth below in order to effect site rehabilitation, pursuant to Sections 376.30711, 376.30714 and 376,309(2), F.S., and Chapter 62-770, RA.C, 1L Consistent with Sections 376,3071(5), 376.30711 and 376.30714, F.S., and the rules and guidance adopted thereunder, the Department, in consultation with the Applicant and based on the Limited Contamination Assessment Report (LCAR) dated August 18, 2010, prepared by Handex Consulting and Remediation, LLC, and the site assessment data on file with the Department, have agreed to a funding allocation arrangement as described in Attacl-u-rent A, 12. If no contractor has been previously designated, pursuant to Section. 376.30711., F.S., the Applicant shall submit a Contractor Designation Form to the Department for approval within 30 days of execution of this Agreement. If no contractor is designated within the 30 days or if there are disputes between interested entities (i.e., responsible party, applicant and current property owner), the Department will designate a State cleanup contractor within 30 days of the Department's knowledge of the dispute. SRFA Adininistrwor Attli`,( Date 4)�C'1,"2 0// Monroe county Puhlic Work's Div-Kev West SRFAA FDEP Fac, ID; 448624745 Page 2 of 13. The Parties shall each contract separately with a single site rehabilitation contractor (the "Designated Contractor") to effect site rehabilitation. 14. The Applicant shall require the Designated Contractor to submit work plans and related documents to the Department requesting approval for the site rehabilitation strategy pursuant to Chapter 62-770, F.A.C. The Department will review proposals and documents promptly in accordance with the internal procedures of the Preapproval Program. The Department will provide copies of reviews to the applicant in accordance with the internal procedures of the Preapproval Program. 13. The Department shall issue work orders for the Department's share of the rehabilitation costs directly' to the Designated Contractor for implementation of the approved site rehabilitation strategy. Such work orders will be effective upon execution of each work order by the Department and the Designated Contractor. The Applicant is ,further advised and understands that the Department may task a locally contracted county with review of site rehabilitation documents or issuance of work orders under this Agreement, 16. The cost share allocation described in Attachment A is based on assessment data presented by Handex Consulting and Remediation, LLC, and the historical information on file with the Department. It is apparent the 1999 non -program discharge has had minimal impact to contamination concentrations present onsite. Therefore, it has been established that the site rehabilitation of the eligible discharge will constitute 100% of the total cost of site rehabilitation for both the eligible and non -eligible discharge. 17, Therefore, the percentage of the cost share for the site rehabilitation of the eligible and non -eligible petroleum discharges at the Site are as follows - a. Applicant = 0% up to the PLRIP funding cap and 100% thereafter b. Department = 100% up to the PLRIP funding cap and 0% thereafter 18. During the performance of additional assessment, remediation or monitoring, information may come to light indicating residual contarnination associated with, the previously existing (eligible) discharge and more recent (non -eligible) discharge different from what has been assumed as the basis for the allocation of costs for the remediation of the site. Also, the total cost to achieve site rehabilitation completion may be determined to be different than current projections. The Parties agree to reevaluate the funding allocation agreement at the time of approval of a Remedial Action Plan ("RAP"), major RAP Modification, or at any time during the course of site assessment, S RFA Admi i i istrato r Date Monroe County Public Works Div -Key West SRFAA FDEP Fac. ID. 448624745 Page 3 ol'7 remediation or monitoring, if a growing disparity of cleanup time frames or costs for the eligible and non -eligible discharges from the basis of this Agreement becomes evident. 19. 'The Department has made a cost -sharing commitment to pay 100% of the total cost of site rehabilitation up to the PLRIP funding cap and 0% thereafter, as specified in. Paragraph 17 and Attachment A. Pursuant to Sections 376.30711 and 376.30714, F.S., and Paragraph 1 of this Agreement, the Department will negotiate work orders with the Designated Contractor, and will thereby be responsible to the Designated Contractor for the Department's percentage of its cost share as specified in the work orders. Pursuant to Section 287,0582, F.S., the State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. 20. When site rehabilitation has been completed, the Department will. issue a Site, Rehabilitation Completion Order ("SRCO") for the eligible and non -eligible discharges discovered on March 7, 1.994 and May 6,1999, The issuance of the SRCO by the Department will complete the Department's obligation to commit funds from the Inland Protection Trust Fund based on the eligible discharge, as well as the Applicant's obligations except for any conditions that may be stipulated in the RCO. If a. limit to the Department's contribution to site cleanup applies to the eligible discharge through a funding cap, then the expenditure of the funding cap shall complete the Department's obligation to col-rimitfunds from the Inland Protection Trust Fund based on the eligible discharge, 21. The Applicant specifically readopts and reaffirms the covenants and representations made in its application. -To the extent that this Agreement does not specifically provide otherwise, the application terms and conditions, as well as the representations and covenants of the Applicant contained in the application, are hereby incorporated by reference. MISCELLANEOUS 22. All activities associated with the performance of this Agreement shall be in conformance with the provisions of Chapter 376, F.S., and Chapter 62-770, F.A.C. All other terms and conditions, including payments by the Department of its cost share under this Agreement, shall be construed in conformance with the provisions of Mon roc County Public Works Div -Key West SRFAA FDEP Fac. ID. 44862474:5 Page 4 of 7 SRFA Adnnnistnatoib,�W.L. Date wLk Sections 376.30711 and .176.30714, F.S. The Parties hereto agree that this Agreement shall additionally be subject to the applicable provisions of Section 287.058, F.S. 23, In addition to the limitations set forth in Section 376.30714, F.S., the applicable limitations and provisions governing the eligibility program referenced above as set forth in Florida Statutes and Department rules, including co -payments, deductibles, and State funding caps, shall continue to apply. By entering into this Agreement, the Applicant is bound by the terms of this Agreement. 24, Any notice or written comimmication required or permitted hereunder between the Parties shall be considered delivered when posted by Certified Mail, Return Receipt Requested, or delivered in person to each appropriate Party Representative, as designated below, The Department shall give reasonable notice (and not less than any specifically required under this Agreement) of its inspection of documents., conduct of audits, review of files, request for information, request for copies or otherwise relating to the exercise of such rights as referred to in this Agreement. Party," Representatives are as follows - For the DejLartmen : Charles T. Williams, Acting Chief Bureau of Petroleum Storage Systems Florida Department of Environmental Protection 2600 Blair Stone Road, MS 4575 Tallahassee, Florida 32399-2400 Phone (85(1) 245-8821 For the Applicant: Authorized Representative Monroe County Board of County Comissioners, 3583 South Roosevelt Boulevard Key West, Florida 33040 Phone (305) 292-3571 Each Party shall have the right to change its Representative upon 10 days written notice to all other Parties, 25. OWNERSHIP OF EQUIPMENT, Upon completion of site rehabilitation, the Parties shall cause an inventory to be performed of an,,, equipment purchased by the Parties as part of the shared costs. The Parties shall then mutually agree upon an appropriate division of such equipment based upon their respective proportionate share of payment of the shared costs. During the term of this Agreement, any equipment purchased by the Parties shall only be used at the Site that is the subject of this Agreement or other facilities where the Parties have an executed Funding Allocation Agreement, Equipment or machinery owned solely by a Party or purchased or leased directly by a Party (other than a shared cost) shall remain the property of that Party. Monroe Count), Public, Works Div-Kev West SRFAA FDEF Fac. ID. 448624745 Page 5 of'7 SRFA Adniirustratovw 26. AMENDMENTS. Any amendment to this Agreement must be in writing and signed by the Parties. 2T ASSIGNMENT. This Agreement shall not be assigned by any Party without prior written consent of the non -assigning Parties. 28CHOICE OF LAW/FORUM, The Parties hereby agree that the laws of the State of Florida shall govern any and all, actions or disputes arising out of this Agreement; and anv such actions shall be brought in Leon County, Florida. 29. It is hereby understood and agreed that this Agreement states, the entire agreement and understandings between the Parties, and that the Parties are not bound by any stipulations, representations, agreements or promises, oral or otherwise, not printed in this Agreement or referenced in this agreement. 30. Any reference in this agreement to a specific time period refers to calendar days. 31 . This Agreement shall not constitute, be interpreted, construed or used as evidence of any admission of liability, law or fact, a waiver of any right or defense, nor an estoppel against any party, by the Parties as between themselves or by any other person or entity not a Party. However, nothing in this Paragraph whatever is intended or should be construed to limit, bar or otherwise impede the enforcement of any term or condition of this Agreement against any Party to this Agreement by any Party to this Agreement. Monroe County Public Works Div -Key Wom SRFAA FDEP Fac. ID, 448624745 Page 6 of 7 31 This agreement is effecti-t,,e upon execution by all of the Parties. FOR THE APPLICANT: (name) 'Htle: Date: FOR THE DEPARTMENT: Florida Department of Environmental Protection By: —_ Name: Charles T. Williams Title: Acting Chief, Bureau of Petroleum Storage Systems Monftwe Couniv Public Works Div -Key Wm SRF�,A SRFA Admhustrator aaw FDEPFac, ID.448624,45 Page " of? UNCTIIIIIET5101,121 Cost Basis for Funding Allocation Determinatiorr, Monroe County Public Works Div -Key West, FDEP Facility ID#448624745 March 7,1994 Eligible Discharge and May 6,1999 Non -eligible Discharge This petroleum-contarninated site has three reported discharg0es. The first discharge, discovered on March 7, 1994, is eligible for state funding under the Petroleum Liability and Restoration insurance (PLRIP) program. The second discharge, discovered on September 17,1996, was, granted no cleanup required status May 29, 2001 and is not part of this Site Rehabilitation, Funding Allocation (SRFA) agreement The third discharge, discovered on May 6,1999, is not eligible for cleanup program funding and it is the reason for this Site Rehabilitation Funding Allocation (SRFA) agreement The eligible discharge has a priority score of 10, which is currently not in fundingb range, - A SRFA application, dated April 14, 2011 (received April 18, 2011) was submitted to the Department of Environmental Protection (Department). March7,1994 Eligible DDisc haige. A diesel fuel drip was discovered beneath the dispenser on March 7,1994 and reported to the Department. On May 20,1994 this discharge was determined to be eligible for the PLRIP program with a funding cap limit of $400,000.00, Site Assessment begari in May 1994 and a Contamination Assessment Report documenting groundwater Contamination in the vicinity of the diesel dispenser was submitted in September 1994. Due to changes in the Petroleum Cleanup Program administrative procedures for priority funding site work was placed on hold. The Discharge Reporting Form (DRF) was filed with Mon -roe County Health Department due to contamination that was discovered during removal the underground storage tank. The discharge was reported to the Department on May 7, 1999. The Limited Site Assessment Report dated October 1999, documented groundwater contamination within the area of the former under storage tank, Attachment A SRFA Administrator Date , �C4 G/ f Monroe County Public Works Div--Ky WestFDEP Fac, ID. Page I of 2 VVE-1040MIANA-01 • MEMO= Cost Share Allocation between Eligible and Non -eligible Contamination Plumes: The Limited Contamination Assessment Report (LCAR) dated August 23, 2010, prepared by Handex Consulting and emediation, LLC, and the historical site assessment data on file with the Department were evaluated. The documents identified above were evaluated in order to determine the effects of the eligible and non -eligible discharges on the site's cleanup cost. Based on the Department's review of the LCAR it is apparent the non -eligible discharge minimally impacted contamination concentrations within the former tank- pit. On November 1.6, 2010, the Department proposed entering into a 100% FDEP / 0% Applicant cost share in priority score order. On January 28, 2011, the proposed cost share was accepted. I Attachment A SRFA AdrninisLrator,18�j'( Date Monroe county Public Works DivfeyWestFDEP Fac. ID. Page 2 of 2 Florida Department of Environmental Protection Bob Martinez Center 2600 Blair Stone Road Tallahassee, Florida 32399-2400 APPLICATION FOR PETROLEUM CLEANUP PROGRAM SITE REHABILITATION FUNDING ALLOCATION (SRFA) AGREEMENT This application is for a site rehabilitation funding allocation (SRFA) agreement pursuant Section 376.30714, Florida Statutes (F.S.), to establish the respective cleanup obligations of the Department of Environmental protection (Department) for the eligible discharge and of the applicant for the ineligible discharge and the cleanup priority for the site. Applications for a SRFA agreement must be submitted to the Department at the address below within 120 days after discovery of the new discharge, together with a limited contamination assessment report (LCAR), sufficient to demonstrate the extent of the new discharge or the impact of the new discharge relative to the existing contamination, and to establish the cleanup priority for the site. SRFA Coordinator Bureau of Petroleum Storage Systems Florida Department of Environmental Protection 2600 Blair Stone Road, Mail Station 4575 Tallahassee, Florida 32399-2400 (850) 245-8839 Certain sites are excluded from participation, as follows: • Sites owned or operated by the federal government at the time of the new discharge; • Facilities that failed to correct a violation previously cited which contributed to or caused the new discharge; • Discharges intentionally caused by the owner, operator, responsible party or applicant; • Sites where the Department has been denied access; • Sites that are identified on the National Priorities List; and • Sites where the entity required to report the discharge or initiate free product recovery failed to do so as required by Department rules. The information requested below must be provided to enable the Department to properly review and consider this application (only one application may be submitted for any new discharge under this program): SRFAApplication-11010T&c Page 1 of 3 APPLICATION FOR PETROLEUM CLEANUP PROGRAM SITE REHABILITATION FUNDING ALLOCATION (SRFA) AGREEMENT I. Site Information FDEP Facility No.: 8624745 Facility Name: Monroe County Public Works Div — Key West Facility Address: 3583 S. Roosevelt Blvd., Key West, FL 33040 Current Property Owner's Name: Monroe County BOCC Current Property Owner's Phone Number: (305) 292-3571 Current Property Owner's Mailing Address: 3583 S. Roosevelt Blvd., Key West, FL 33040 Current Facility Operator's Name: Monroe County BOCC Current Facility Operator's Phone Number: ( ) SAME AS ABOVE Current Facility Operator's Mailing Address: SAME AS ABOVE II. Applicant Information Name of Applicant: Monroe County BOCC Applicant's Phone Numbers: daytime (305) 292-3571 alternate (305) 747-0294 Applicant's Mailing Address: SAME AS ABOVE Applicant's Relationship to the Facility (mark all that apply and provide dates): Facility Owner: X (from to ) Facility Operator: X (from to ) Real Property Owner: X (from to ) Person Responsible for Rehabilitation of the New Discharge: (from to ) Provide explanation of relationship & attach supporting documentation: Monroe County BOCC III. Current Site Eligibility (mark all that apply): Early Detection Incentive Program (EDI): Abandoned Tank Restoration Program (ATRP): Petroleum Liability and Restoration Insurance Program (RLRIP): X Petroleum Cleanup Participation Program (PCPP): SRFAApplication-110107.doc Page 2 of 3 APPLICATION FOR PETROLEUM PROGRAM SITE REHABILITATION FUNDING ALLOCATION! (SRFA) AGREEMENT iV. Limited Contamination Assessment Report (LCAR) The purpose of the LCAR is to demonstrate the extent of the new discharge and may include any evidence relevant to establish the extent or volume of the new discharge, or the impact of the new discharge relative to the existing contamination, in order to accurately allocate the appropriate funding responsibilities of the applicant for the new discharge and of the Department for the existing eligible contamination. The LCAR will be further used as a basis for establishing the priority in which cleanup of the new discharge and the existing contamination will occur, based on the provisions of subsection 376.3071(5)(a), F.S., and taking into consideration the cost-effectiveness associated with the timing of site rehabilitation activities. The LCAR must be provided with this application and must conform to the requirements set forth in Attachment A. Due to the statutory time constraints associated with submittal of the application and negotiation of the agreement following a new discharge, it will not be possible for the Department to request and obtain supplemental assessment data for the new release. Therefore, a consequence of an inadequate LCAR may be that the Department will be unable to negotiate an agreement or that negotiations may be delayed. In addition to the required LCAR, the applicant may include with this application any other evidence which is relevant to establish the extent or volume of the new discharge or the impact of the new discharge relative to the existing contamination in order to help establish the appropriate funding responsibilities of the applicant and the Department. V. Applicant's Certification The undersigned applicant, under penalty of perjury, hereby certifies that the applicant has the authority to negotiate and enter into a Site Rehabilitation Funding Allocation Agreement with the Department of Environmental Protection and qualifies as an applicant pursuant to Section L-1 //C/ /// — Date Name of corporation (if a icabie) Company Seal: SRFAApplication-110107.doc Page 3 of 3