Approve the Declaration of the Restrictive Covenant for Just Elementary School.

In July 2004, during the construction of a new storm sewer line at Just Elementary School, an underground used oil storage tank was discovered. The oil storage tank was removed and soil assessment activities were conducted. At that time (March 2005), petroleum contaminated soil was discovered. To achieve the statutorily required remediation of the site, Hillsborough County Public Schools requested the Hillsborough County Environmental Protection Agency (EPC) / Florida Department of Environmental Protection (FDEP) to issue an order stating that the site required “No Further Action with Controls.” These environmental and engineering controls on land allow the contamination to remain in place, because the controls protect against exposure to the contaminants. An example of an "engineering control" would be a fence or a paved area, which would prevent access to the contaminated soil. An example of an "institutional control" is a deed restriction preventing future soil excavation, construction and/or dewatering activities in the restricted area.

At the Just Elementary School location, Hillsborough County Public Schools has complied with the engineering control. Two feet of clean fill and buildings, or asphalt/concrete were placed over the contaminated area. The institutional control is a Declaration of Restrictive Covenant (Attachment), which requires that the engineering control be permanently maintained. Upon board approval and proper county recording of the deed, with restrictive covenant, FDEP will issue a conditional closure order and the school board will be in compliance.

All District Goals and Critical Success Factors.

The $10,000 cost to implement the Restrictive Covenant is included in the project costs.

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