§ 24-26. Brownfields Redevelopment Act; sections adopted.

(1)

Sections 376.77, 376.78, 376.79, 376.80, 376.81, 376.82 and 376.83(1), Florida Statutes, and any rules and regulations promulgated thereunder by the Florida Department of Environmental Protection, as all of the foregoing laws, rules, and regulations may be amended from time to time, are hereby adopted and made a part of this chapter by reference hereto.

(2)

Any person entitled to liability protection pursuant to Section 376.82, Florida Statutes, shall be relieved of further liability, to the same extent provided by Section 376.82, Florida Statutes, with respect to any enforcement action pursuant to Chapter 24 of the Code of Miami-Dade County, Florida.

(3)

Private Cause of Action for recovery of reasonable assessment or remediation costs pursuant to a Brownfields Site Rehabilitation Agreement.

(a)

A private cause of action is hereby created for any person who undertakes the assessment or remediation of a brownfields site pursuant to a Brownfields Site Rehabilitation Agreement authorized by Section 376.80, Florida Statutes, and Section 24-26 of the Code of Miami-Dade County, Florida. Said person may recover reasonable assessment or remediation costs or both. Nothing herein shall be construed to require the Director to bring any such action on behalf of a private person or entity other than Miami-Dade County.

(b)

The following persons, except for Miami-Dade County and any municipality in Miami-Dade County, shall be liable for all reasonable assessment and remediation costs incurred by any person at a brownfields site in accordance with a Brownfields Site Rehabilitation Agreement authorized by Section 376.80, Florida Statutes, and Section 24-26 of the Code of Miami-Dade County, Florida and subject only to the defenses set forth in Sections 24-26(4):

(i)

The owner or operator of a brownfields site on the effective date of the Brownfields Site Rehabilitation Agreement;

(ii)

Any person who, at the time of disposal of any hazardous substances or petroleum product, owned or operated a brownfields site at which such hazardous substance or petroleum product was disposed of;

(iii)

Any person who, by contract agreement, or otherwise, arranges for disposal or treatment, or arranges with a transporter for transportation or disposal or treatment, of a hazardous substance or petroleum product owned or possessed by such person or by any other party or entity at a brownfields site;

(iv)

Any person who accepts or has accepted any hazardous substance or petroleum product for transportation or disposal or treatment at a brownfields site; or

(v)

Any person who has caused, let, suffered, permitted, or allowed to be caused, let, suffered, or permitted, any nuisance or sanitary nuisance at a brownfields site.

(4)

In any private cause of action brought pursuant to this subsection to recover reasonable assessment or remediation costs or both, it shall not be necessary to plead and prove negligence. It shall only be necessary to plead and prove the existence of a Brownfields Site Rehabilitation Agreement, that a release or discharge of a hazardous substance or petroleum product has occurred at the brownfields site which is the subject of said Brownfields Site Rehabilitation Agreement, and that reasonable assessment or remediation costs, or both, have been incurred by the person filing the action in accordance with the Brownfields Site Rehabilitation Agreement. The only defenses to such a private cause of action shall be those specified in Sections 376.308, 376.3078, and 376.82(4), Florida Statutes.

(5)

In any private cause of action brought pursuant to this subsection, the prevailing, party shall be entitled to recover reasonable attorney fees, expert witness fees and expenses, and costs.

(6)

This subsection shall be liberally construed and shall be retroactively applied to protect the public health, safety, and welfare and to accomplish the purposes of this Section.

(7)

For the purposes of this subsection the terms "disposal," "release," and "hazardous substance" shall have the same meaning as those terms are defined in the Comprehensive Response, Compensation, and Liability Act, 42 U.S.C. § 9601, et seq.

(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55, § 2, 5-6-08)