62-761.400. Facility Registration  


Effective on Tuesday, July 9, 2019
  • 1(1) For installations:

    4(a) For the purposes of this subsection, installation shall mean the date that the storage tank system or system component placement or construction begins

    28(b29) For new facilities, which are facilities that began construction after 40January 11, 2017, 43a 44completed Form 4662-761.900(2), 47Storage Tank Facility Registration Form (Registration Form), effective date, 56July 2019, 58hereby adopted and incorporated by reference, shall be submitted in electronic or paper format to the Department no later than 30 days prior to installation. 83For facilities with existing registered storage tank systems, a completed Registration Form shall be submitted in electronic or paper format to the Department no later than seven days prior to regulated substances being put into any new storage system. The Department encourages the electronic submittal of the Registration Form available 133online here135: http://www.fldepportal.com/go/submit-registration/, 137or the form can be obtained at 144http://www.flrules.org/Gateway/reference.asp?No=Ref-10736, 146or the Department’s website at https://floridadep.gov/waste/permitting-compliance-assistance/content/storage-tank-system-rules-forms-and-reference152.

    153(c) A completed Form 15762-761.900(5), 158Underground Storage System Installation and Removal Form for Certified Contractors (Certified Contractors Form), effective date, 173July 2019, 175hereby adopted and incorporated by reference, shall be submitted in paper or electronic format to the County no later than 21 days after installation of a storage tank system, storage tank, or integral piping. 209To obtain copies of this form see Rule 21762-761.900, 218F.A.C., 219or 220http://www.flrules.org/Gateway/reference.asp?No=Ref-10738, 222or the Department’s website at https://floridadep.gov/waste/permitting-compliance-assistance/content/storage-tank-system-rules-forms-and-reference228.

    229(2) For change in service status or closure pursuant to Rule 24062-761.800, 241F.A.C.:

    242(a) A completed Registration Form shall be submitted to the Department in paper or electronic format within 10 days after completion of the change in service status or closure.

    271(b) A completed Certified Contractors Form shall be submitted to the county in paper or electronic format no later than 21 days after replacement or removal of a storage tank system, including system components in contact with the soil.

    310(3) A completed Registration Form shall be submitted to the Department in paper or electronic format within 10 days of the following changes or discovery:

    335(a) Any change in the owner or operator of a facility or of a storage tank system.

    352(b) Any change or correction in the information reported in the Registration Form. A change within the same blend of regulated substances should not be reported (e.g., regular unleaded to premium unleaded gasoline); and,

    386(c) The discovery of an unregistered storage tank system.

    395(4) Registration fees.

    398(a) Registration fees are due from the tank or facility owner or operator, as indicated in this subsection, for all storage tank systems required to be registered. 425Registration fees 427for storage tank systems that have been properly closed in accordance with subsection 44062-761.800(2), 441F.A.C., 442will no longer be due once any outstanding fees have been paid.

    454(b) A fee of $50.00 per tank shall be submitted for each initial registration of a storage tank system. The fee shall be paid within 30 days after receipt of an invoice by the Department.

    489(c) A renewal fee of $25.00 per tank shall be paid to the Department for each storage tank system by July 1 each year.

    513(d) A fee of $25.00 per tank shall be paid to the Department for each tank that is replaced. The fee shall be paid within 30 days after receipt of an invoice by the Department.

    548(e) A late fee of $20.00 per tank shall be paid to the Department for any renewal that is received after July 31.

    571(f) Upon receipt of payment of all applicable initial registration fees and annual renewal fees, each facility shall receive a registration placard, pursuant to section 596376.3077, F.S. 598The placard shall be displayed in plain view in the office, kiosk, or at another suitable location at the facility where the storage tank system is located. Posted on the Department website will be information regarding those motor fuel facilities who have delinquent registration fees. To access this information go to: 649https://floridadep.gov/waste/permitting-compliance-assistance/content/storage-tank-system-rules-forms-and-reference650.

    651(5) Unless a valid registration placard is displayed in plain view as required by paragraph 66662-761.400(4)(f), 667F.A.C., no motor fuel may be deposited into a storage tank required to be registered pursuant to this rule. Facility owners, operators, and suppliers are each responsible for compliance with this provision. 699For the purposes of this rule, motor fuels mean petroleum products, including petroleum products blended with biofuels, used for the operation of a motor or engine.

    725(6) Revocation of Registration Placard.

    730The Department may revoke a registration placard for 738noncompliance violation(s) for the 742failure to:

    744(a) Install, maintain, and operate leak detection equipment pursuant to rule 75562-761.600, 756F.A.C.;

    757(b) Meet 759storage tank system requirements 763pursuant to rule 76662-761.500, 767F.A.C.;

    768(c) Respond to and abate an ongoing discharge, pursuant to rule 77962-761.440, 780F.A.C., or

    782(d) Maintain adequate financial responsibility pursuant to rule 79062-761.420, 791F.A.C.

    792The Department shall provide written notice to the owner 801and operator 803of the 805underground storage tank system 809facility 30 business days prior to denying or revoking a registration placard. Owners of facilities shall give written notice to the Department when such deficiencies are corrected, and the county or Department shall re-inspect the facility, or otherwise determine if the deficiencies have been corrected, within two business days of receiving such notice. The Department shall release revoked registration placards within three business days of the re-inspection, or other confirming activity, if all deficiencies have been corrected to the Department’s satisfaction. The Department shall establish, maintain, and post on its website a list of previously registered facilities that do not have a valid registration placard. This list will not include previously registered facilities for which all storage tank systems have been closed or removed in accordance with Department rules.

    938(7) Delivery prohibitions.

    941(a) No owner, operator, or supplier shall deposit any motor fuels into a storage tank system regulated under this chapter unless that owner or operator has a valid, current registration placard issued by the Department covering that storage tank system. 981For the purposes of this rule, motor fuels mean petroleum products, including petroleum products blended with biofuels, used for the operation of a motor or engine.

    1007(b) It is an affirmative defense to the imposition of an administrative penalty for a violation of paragraph (a) of this subsection, that the owner, operator, or supplier delivering a regulated substance into a storage tank system relied on registration information for the storage tank system obtained from the Department’s website not more than 30 days before the date of delivery.

    1068Rulemaking Authority 1070376.303 FS. 1072Law Implemented 1074376.303, 1075376.3077, 1076489.133 FS. 1078History–New 12-10-90, Formerly 17-761.400, Amended 9-30-96, 7-13-98, 6-21-04, 8-7-14, 1-11-17, 7-9-19.
    1089Editorial Note: 1091Portions of this rule were relocated to Rule 109962-761.420, 1100F.A.C1101.