As of July 1, 2016, the Florida Low Score Site Initiative (LSSI) has made significant changes that many property owners will find beneficial. Specifically, the FDEP has raised the funding cap and expanded the LSSI NFA language in an effort to assist business and property owners and take a pro-business stance. These changes are a marked evolution in the program since it was launched in 2010.
As of July 1, 2016, the LSSI criteria has been updated as follows:
1. The funding cap is raised from $30,000 to $35,000 per site.
2. Up to $35,000 of limited remediation (LRA) funding is allowed if it is likely to result in closure.
3. Timeframe for work completion is expanded from 6 to 15 months.
4. Annual cap is raised from $10 million to $15 million.
5. Criteria to meet an LSSI NFA is adjusted as follows:
- Soil Organic Vapor Analyzer (OVA) language has been expanded.
- Monitoring requirements changed from up to 6 to up to 12 months.
- Contamination is allowed to extend beneath a transportation facility for which the FDEP has approved and the governmental entity owning the transportation facility has agreed to institutional controls.
- The previous 1⁄4 acre maximum of a groundwater plume has been expanded to the source property’s boundaries.
- Adds that the groundwater plume is not a threat to any permitted potable water supply well.
Updates to the LSSI Application & Contractor Selection Sheet
When filling out the new LSSI Application & Contractor Selection Sheet (LSSI Application), site owners should be aware of the following changes:
- Effective July 1, 2016, requests for participation in the LSSI must be submitted by the property owner or a responsible party who provides evidence of authorization from the property owner. To address this change in the statute, the FDEP has updated the LSSI Application which the applicant can use to designate a qualified consultant. The applicant’s consultant must submit the cost proposal with the LSSI Application to the FDEP for approval.
- Property owners and responsible parties of eligible sites that are currently funded from work orders issued before July 1, 2016 are not required to provide an updated LSSI Application at this time. However, an updated LSSI Application will be required for these sites if the issuance of a Fiscal Year 2016-2017 LSSI work order is necessary to implement a proposed and accepted limited remedial strategy. The LSSI Application should be submitted by the applicant’s consultant to the address stated on the LSSI Application.
- For the LSSI Applications that were previously submitted but an LSSI Work Order was not issued prior to July 1, 2016, an updated LSSI Application must be submitted if the previously submitted one was not signed and authorized by the owner.
- Photocopies and digital copies of the updated LSSI Application will not be accepted.
These updates are designed make the LSSI program more pro-business than it has been in the past. Business and property owners can learn more about these updated and how they can benefit by visiting the FDEP website.