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Board presses staff on who pays for cleanup, DEP monitoring and resident notification

Fort Myers Environmental Advisory Board · June 3, 2025
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Summary

After the Brownfields briefing, board members sought clarity on liability, monitoring-well sampling cycles, and whether residents are notified; staff said DEP performs closures and sampling and that formal owner/area notification occurs via council resolutions, but the city can negotiate cleanup responsibilities with buyers.

Board members asked whether Brownfield designation requires the city to pay cleanup costs and how residents learn of contamination and monitoring. "That is, the city is responsible ultimately for remediation of a brownfield site, but the city does not have to go above and beyond the requirements of the state to clean up a site," environmental compliance manager Justin Mahone said, adding that remediation responsibility can be transferred to a purchaser and that designation primarily unlocks state funding to make redevelopment feasible.

On monitoring, Mahone said sites granted conditional closure — such as the Imaginarium — retain monitoring wells and are sampled by the Florida Department of Environmental Protection on a schedule determined by DEP; the city samples when requested. On notification, Mahone said the designation and attendant strap numbers are part of the council resolution and that formal owner notification is done through the council process, while broader public notification beyond that is not handled routinely by the Parks or advisory staff.