62-780.210. Contamination Reporting

(1) Upon discovery of petroleum or petroleum products contamination (unless the contamination is the result of a previously reported discharge for which site rehabilitation completion has not been achieved) or upon a discharge of petroleum or petroleum products, notification shall be submitted using the Discharge Report Form incorporated in rule 62-761.900, F.A.C. [Form Number 62-761.900(1)], unless the discharge was less than 25 gallons onto a pervious surface and will be addressed pursuant to subsection 62-780.560(1), F.A.C. If the discharge will be addressed as an Emergency Response Action (Rule 62-780.500, F.A.C.) or Interim Source Removal (rule 62-780.525, F.A.C.), the discharge shall be reported to the State Watch Office and the Discharge Report Form shall be submitted to the FDEP Office of Emergency Response.

(a) If the discharge was from a storage tank system regulated pursuant to chapter 62-761 or 62-762, F.A.C., the discharge shall be reported by the facility owner or operator pursuant to the applicable requirements of chapters 62-761 and 62-762, F.A.C., or

(b) All other discharges of petroleum or petroleum products of less than 25 gallons that are not addressed pursuant to subsection 62-780.560(1), F.A.C., shall be reported within one week of discovery. Discharges of petroleum or petroleum products equal to, or exceeding, 25 gallons onto pervious surfaces or any discharge to surface waters shall be reported to the State Watch Office or FDEP Office of Emergency Response as soon as possible, but no later than 24 hours after occurrence. The discharge shall be reported by:

1. The discharger, or

2. The owner or operator if the discharger is unknown or if the discovery was the result of a previously unreported discharge.

(2) A discharge of drycleaning solvents greater than one quart outside of a containment structure shall be reported to the state through the State Watch Office pursuant to section 376.3078(9)(c), F.S.

(3) Except as provided in subsection (2), discharges of pollutants or hazardous substances, other than petroleum or petroleum products, that are being addressed pursuant to chapter 62-780, F.A.C., are not subject to the notification and reporting requirements of this rule section. A discharge of petroleum or petroleum products contaminated with significant quantities of other substances is also not subject to the notification and reporting requirements of this rule section.

(4) Notwithstanding the provisions of subsections 62-780.210(1)-(3), F.A.C., nothing in this chapter shall be construed to negate reporting requirements under other local, state or federal laws, such as chapter 62-150, F.A.C., Hazardous Substance Release Notification, the Emergency Planning and Community Right-To-Know Act, Title III of the Superfund Amendments and Reauthorization Act of 1986, 42 U.S.C. s. 11001, et seq. (SARA), the Florida Hazardous Materials Emergency Response and Community Right-to-Know Act of 1988, Chapter 252, Part II, F.S., and the reporting requirements for discharges of oil to navigable waters pursuant to 40 C.F.R. Parts 110 and 112.

(5) For the purposes of rule 62-780.210, F.A.C.:

(a) “Discharger” means the person who has dominion or control over the petroleum or petroleum products at the time of the discharge into the environment.

(b) “Discovery” means:

1. Observance or detection of free product in boreholes, wells, open drainage ditches, open excavations or trenches, or on nearby surface water, or petroleum or petroleum products in excess of 0.01 foot in thickness in sewer lines, subsurface utility conduits or vaults, unless the product has been removed and it was confirmed that a release into the environment did not occur,

2. Observance of visually stained soil or odor of petroleum products resulting from a discharge of used oil equal to, or exceeding, 25 gallons on a pervious surface [see subsection 62-780.560(1), F.A.C., for cleanup requirements applicable to discharges of less than 25 gallons],

3. Discharges of petroleum or petroleum products equal to, or exceeding, 25 gallons on a pervious surface [see subsection 62-780.560(1), F.A.C., for cleanup requirements applicable to discharges of less than 25 gallons],

4. Results of analytical test on a groundwater sample that exceed the CTLs referenced in chapter 62-777, F.A.C., Table I, groundwater criteria column for the petroleum products’ contaminants of concern listed in Table B of this chapter (located at the end of rule 62-780.900, F.A.C.), or

5. Results of analytical test on a soil sample that exceed the lower of the direct exposure residential CTLs and leachability based on groundwater criteria CTLs specified in chapter 62-777, F.A.C., Table II for the petroleum products’ contaminants of concern listed in Table B of this chapter.

Rulemaking Authority 376.303, 376.3071, 376.3078 FS. Law Implemented 376.305, 376.3071, 376.30701, 376.3078 FS. History–New 6-12-13, Amended 2-2-17.
Editorial Note: Portions of this rule were copied from rule 62-770.250, Formerly 17-770.250, F.A.C.