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January 24, 2023 School Board Meeting
Merritt Island High School - Site Access Agreement
Meeting Date(s)
Consent w/o Information - 01/24/2023
Consent Type
Without Information

Diesel fuel contamination was discovered in 1991 in the area of the former heating oil storage tank located east of the swimming pool and north of the main school buildings at Merritt Island High School.  The remaining contamination is below grade and the school and surrounding area are on a public water supply.  Dewatering activates and associated groundwater testing for the school’s swimming pool renovation performed in 2017 confirmed this site condition. Florida Statute 376.30702 requires Merritt Island High School parents, guardians, faculty, and staff  be reminded of this site condition each year until the subsurface diesel fuel contamination is removed. This contamination was determined eligible for State-funded cleanup under the Abandoned Tank Restoration Program in 1992. 

The site is now on the priority list for the state-funded assessment and remediation Petroleum Restoration Program (PRP) administered by the Florida Department of Environmental Protection (FDEP). FDEP has notified the District that the funding is available to address this site. The first step in the process is that an FDEP environmental engineering contractor will assess the site and determine if the file can be closed without additional remediation. 

There is no cost to the District. Access will be coordinated with the school and typical security protocols will be followed by the contractor.

FDEP has requested a site access agreement to allow the contractor to access the site. The agreement has been reviewed by Legal Counsel and Risk Management. The agreement requires the contractor to enter into a separate agreement with the District that would include similar terms. Authorization to execute both agreement is requested to expedite the work. 




Authorize the Superintendent or Designee to execute the Petroleum Restoration Program Site Access Agreement with the Florida Department of Environmental Protection pertaining to Merritt Island High School. 

Authorize the Superintendent or Designee to execute the Petroleum Restoration Program Site Access Agreement with the selected contractor pertaining to Merritt Island High School subject to Legal Counsel and Risk Management review. 

Authority for Action
F.S. 1001.42
Involves Expenditure of Funds Directly in the Classroom
Source of Funding

Agenda Item will not Require the Expenditure of Funds
Financial Impact
FY Amount Budgeted Fund Cost Center Project Function Object Program
Legal Counsel Review
Susan Hann, P.E., Assistant Superintendent Facilities Services 633-1000 ext. 11446 Jim Powers, Director Environmental Health, Safety and Code Compliance 633-3580 ext. 13074
Petroleum Restoration Program Site Access Agreement MIHS.pdf
Agenda Plus