What happens when the matter of contamination on a given property has officially been declared closed… but then additional contamination is discovered on that same property?

The answer to that question has not been completely clear.

A new clause added with 2016 legislation adds some clarity by stating that a property may still be eligible for cleanup assistance — even after the issuance of a Site Rehabilitation Completion Order (SRCO) or a No Further Action (NFA) ruling.

The deciding factor now hinges on whether the FDEP determines that site conditions are “not protective of human health” under certain criteria.

The issue of rebounding contamination is significant, and determining whether new-found contamination happens to be a recurrence of earlier problems (thought to have been remedied), or whether it’s issuing from some other source is critical.

ERMI can help you with that determination, and can also help you understand your options under the recent clarification of Florida’s “Reopener Provisions.”  And if necessary, our suite of forensic services is designed to assist with more complicated source and new release determinations.