62-780.525. Interim Source Removal

(1) Any PRSR may conduct an interim source removal in accordance with this section. The objectives of the interim source removal are to remove specific known contaminant source(s) and provide temporary control to prevent or minimize contaminant migration, and to protect human health and the environment prior to the approval of a Remedial Action Plan prepared and submitted pursuant to rule 62-780.700, F.A.C., or in the cleanup of de minimis discharges pursuant to rules 62-780.550 and 63.780.560, F.A.C.

(2) Free Product Removal and Disposal.

(a) The PRSR may, if necessary to alleviate a threat to human health, public safety, or the environment, perform free product recovery consistent with the following requirements:

1. The PRSR shall provide to the Department a written notification in accordance with the time schedule in Table A, located at the end of rule 62-780.900, F.A.C., (Notices for Field Activities) or the CAD that includes a description of the type and estimated volume of free product to be removed, and proposed free product recovery and disposal methods to be utilized,

2. The free product recovery shall not spread contamination into previously uncontaminated or less contaminated areas through untreated discharges, improper treatment, improper disposal, or improper storage,

3. Flammable products shall be handled in a safe manner; and,

4. The recovered product shall be characterized and properly disposed or recycled; and all sampling and analyses shall be performed pursuant to rule 62-780.300, F.A.C.

(b) The following passive and active methods of free product recovery may be implemented without requesting approval from the Department:

1. Excavation,

2. Absorbent pads,

3. Skimmer pumps that include pumps with mechanical, electrical, or hand-bailed purging operations,

4. Hand or mechanical bailing; and,

5. Fluid vacuum techniques (for example, vacuum pump trucks) or total fluid displacement pumps, as long as the technique used shall not smear or spread free product, or contaminate previously uncontaminated or less contaminated media. If this method is used for petroleum or petroleum product contamination sites (except sites subject to a BSRA), the volume of groundwater recovered shall not be greater than two times the volume of free product recovered, except that the first 1,000 gallons of the total fluid recovered per discharge are exempt from meeting the required ratio of groundwater to free product.

(c) In addition to the free product recovery methods specified in paragraph 62-780.525(2)(b), F.A.C., the PRSR may evaluate, propose, and submit other product recovery methods to the Department for approval prior to implementation. The submittal, as an Interim Source Removal Proposal, shall include the results of the evaluation performed to determine the potential for product smearing or spreading and the potential for air emissions. The free product recovery methods proposed may include:

1. Dewatering or groundwater extractions that may influence the depth to the water table,

2. Air/fluid extraction with air emissions treatment,

3. Excavation of soil saturated with non-aqueous phase liquid into, or below, the water table,

4. Recovery of petroleum or petroleum products that exceeds the water-to-product ratio indicated in subparagraph 62-780.525(2)(b)5., F.A.C., or

5. Onsite treatment and discharge of contaminated water that results from dewatering to excavate free product from below the water table, or on-site treatment and discharge of contaminated water that is separated from recovered free product.

(d) The Department shall:

1. Provide the PRSR with written approval of the Interim Source Removal Proposal, or

2. Notify the PRSR in writing, stating the reason(s) why the Interim Source Removal Proposal does not contain information adequate to support a free product recovery method pursuant to paragraph 62-780.525(2)(c), F.A.C.

(e) Free product recovery as an Interim Source Removal task shall be deemed complete when the objectives of subsection 62-780.525(1), F.A.C., have been met.

(f) Within the time frames specified in Table A or the CAD, written notification of initiation of free product recovery shall be provided by the PRSR to the Department.

(g) Within the time frames and frequencies specified in Table A or the CAD, the PRSR shall submit to the Department for review an electronic or paper copy of an Interim Source Removal Status Report documenting the recovery progress and summarizing all recovery activities for a specified period.

(3) Short-term Groundwater Recovery.

(a) The PRSR may perform a short-term groundwater recovery event as an interim source removal activity. Groundwater recovery from well(s) within the plume with screened intervals that intercept the water table, with the intent of achieving cleanup progress, may be performed prior to Department approval of a Remedial Action Plan submitted pursuant to rule 62-780.700, F.A.C., provided the following criteria are met:

1. Prior to initiation, the PRSR shall provide to the Department a written notification in accordance with the time frames in Table A (Notices for Field Activities) or the CAD that includes a description of the type of contamination, estimated volume of groundwater to be removed, and proposed disposal methods to be utilized,

2. The groundwater contamination has been established to be less than one-fourth (1/4) acre and confined to shallow aquifer well(s) with screened intervals that intercept the water table, such that the pumping of a shallow aquifer well(s) within the plume may result in the site meeting the No Further Action criteria of Rule 62-780.680, F.A.C., or the Natural Attenuation with Monitoring criteria of rule 62-780.690, F.A.C.,

3. Free product is not present,

4. The duration of the groundwater recovery does not exceed 30 days, unless the PRSR demonstrates to the Department that extended groundwater recovery will not result in the spread of contamination,

5. The recovered groundwater is not treated on-site, unless otherwise approved by the Department in accordance with subsection 62-780.525(4), F.A.C., and is properly disposed at a permitted industrial water treatment facility, at a publicly owned treatment works with the approval of the sanitary sewer authority, or at a permitted Hazardous Waste Treatment, Storage, or Disposal facility if the recovered groundwater is a hazardous waste; and,

6. Sampling of representative monitoring wells to determine the effectiveness of the Short-term Groundwater Recovery event shall be performed no sooner than 30 days after completion of the groundwater recovery.

(b) Within the time frames and frequencies specified in Table A or the CAD, the PRSR shall submit to the Department for review an electronic or paper copy of an Interim Source Removal Status Report that documents the recovery progress and summarizes all recovery activities for a specified period.

(4) Interim Groundwater Remediation.

(a) Prior to approval of a Remedial Action Plan prepared and submitted pursuant to rule 62-780.700, F.A.C., when any of the criteria of subparagraphs 62-780.525(3)(a)2. through 4., F.A.C., are not met, the PRSR may perform groundwater recovery and onsite treatment and disposal or any other means of interim in situ groundwater remediation, provided the PRSR submits an Interim Source Removal Proposal that includes the same level of engineering detail as a Remedial Action Plan pursuant to rule 62-780.700, F.A.C. Applicable sections shall be signed and sealed pursuant to rule 62-780.400, F.A.C.

(b) The Department shall:

1. Provide the PRSR with written approval of the proposal, or

2. Notify the PRSR in writing, stating the reason(s) why the proposal does not contain information adequate to perform groundwater recovery pursuant to paragraph 62-780.525(4)(a), F.A.C.

(c) Within the time frames and frequencies specified in Table A or the CAD, the PRSR shall submit to the Department for review an electronic or paper copy of an Interim Source Removal Status Report documenting the recovery progress and summarizing all recovery activities for a specified period.

(5) Soil and Sediment Removal, Treatment, and Disposal.

(a) The PRSR may excavate contaminated soil or contaminated sediment for proper treatment or proper disposal as an interim source removal activity provided the following criteria are met:

1. Prior to initiation, the PRSR shall provide to the Department a written notification in accordance with the time frames in Table A or the CAD, that includes a description of the type of contamination, estimated volume of soil or sediment to be removed, and proposed disposal methods to be utilized,

2. Contamination shall not be spread into previously uncontaminated areas or less contaminated areas through untreated discharges, improper treatment, improper disposal, or improper storage,

3. Flammable products shall be handled in a safe manner,

4. When a soil vacuum extraction system is necessary to abate an imminent threat to human life, health, or safety within a structure or utility conduit, then the vacuum extraction system shall be designed and operated only to abate the imminent threat. The Department shall be notified, within 24 hours, of the imminent threat and the intent to use a soil vacuum extraction system. The air emissions monitoring and frequency of monitoring shall be performed pursuant to paragraphs 62-780.700(4)(a) and (11)(i), F.A.C.,

5. If one of the objectives of the interim source removal is to excavate all the contaminated soil or sediment, confirmatory soil or sediment samples shall be collected, unless the excavation of the source occurs above the groundwater table to a depth of 1 foot below and 1 foot laterally of visually stained soil or sediment, if present. When visual staining is not present, soil screening methods may be used for confirming that excavation is complete above the groundwater table provided the soil screening method is applicable to the pollutant or hazardous substance that has been discharged provided that the field method has been verified and validated against standard laboratory methods, that the detection limit of soil screening instrumentation is appropriate based on the cleanup target levels for the pollutant of hazardous substance and that the applicable quality control/quality assurance protocols are followed (note that proper quality assurance may include correlation with laboratory analytical results). When soil screening methods are not used, soil samples shall be collected at the bottom of the excavation (unless the bottom is below the water table) and walls or perimeter of the excavation. Sediment samples shall be collected at the bottom and perimeter of the excavation, if applicable,

6. A determination shall be made as to whether or not the contaminated soil or sediment contains hazardous waste. If the soil or sediment is known to be contaminated by hazardous waste, listed in 40 C.F.R. Part 261 Subpart D (7-1-12 Edition), hereby adopted and incorporated by reference (http://www.flrules.org/Gateway/reference.asp?No=Ref-07848), testing is not required to make the determination. If the soil or sediment is not known to be contaminated with listed hazardous waste, but is contaminated with any of the toxic constituents identified in 40 C.F.R. 261.24 (7-1-12 Edition), hereby adopted and incorporated by reference (http://www.flrules.org/Gateway/reference.asp?No=Ref-07848), (and the contamination does not result solely from manufactured gas plant waste), then USEPA Test Method 1311, Toxicity Characteristic Leaching Procedure (TCLP) and subsequent analysis of the leachate, shall be performed on a number of samples sufficient to determine whether or not the contaminated soil or sediment exceeds maximum concentrations for the toxicity characteristics. Pursuant to 40 C.F.R. 261.4(b)(10), Subpart A (7-1-12 Edition), hereby adopted and incorporated by reference (http://www.flrules.org/Gateway/reference.asp?No=Ref-07849), petroleum contaminated media and debris, associated with an underground storage tank system, that fail the test for the Toxicity Characteristic of 40 C.F.R. 261.24, Subpart C (Hazardous Waste Codes D018 through D043 only) are solid waste, not hazardous waste. Contaminated soil associated with an underground storage tank system, which will be managed as solid waste, is not subject to the requirement that TCLP extraction and subsequent analysis of the leachate be performed; and,

7. When excavated contaminated soil or sediment is temporarily stored or stockpiled onsite, the soil or sediment shall be placed on an impermeable surface to prevent leachate infiltration and secured in a manner that prevents human exposure to contaminated soil or sediment and prevents soil or sediment exposure to precipitation that may cause surface runoff. Any excavation shall be secured to prevent entry by the public. Excavated contaminated soil [including excessively contaminated soil as defined in subsection 62-780.200(15), F.A.C.] may be returned to the original excavation when petroleum storage tank systems have been removed or replaced, and when contaminated soil is encountered during construction activities at a petroleum storage or dispensing facility, to be addressed later pursuant to rule 62-780.700, F.A.C. The temporary storage or stockpiling of excavated contaminated soil or sediment shall not exceed 60 days, unless it is stockpiled on a right-of-way, in which case it shall be removed for proper treatment or proper disposal as soon as practical but no later than 30 days after excavation, or unless the excavated contaminated soil or sediment contains hazardous waste and a different time frame is authorized pursuant to chapter 62-730, F.A.C. Excavated petroleum contaminated soil [including excessively contaminated soil as defined in subsection 62-780.200(15), F.A.C.] may be containerized in water tight containers and stored on-site for 90 days, after which time proper treatment or proper disposal of the contaminated soil shall occur, or it may be land farmed pursuant to paragraph 62-780.525(5)(b), F.A.C. The PRSR is advised that other federal or local laws and regulations may apply to these activities.

(b) Land farming of soil contaminated by petroleum products is allowed, provided the land farming operation is located on the same property as the source of contaminated soil unless it is land farmed at a permitted stationary facility. The following criteria shall be met for contaminated soil land farmed on the source property:

1. The land farm operation shall be at least 200 feet from any residence, school, or park,

2. An area large enough to spread the soil to a thickness of 6 to 12 inches shall be available,

3. The land farming area shall be secured in a manner that prevents entry by the public and prevents human exposure to contaminated soil,

4. The materials used to construct the land farm treatment area shall withstand the rigors of the land farming and weather,

5. The land farmed soil shall be placed over an impermeable liner or surface, and surrounded at all times by an impermeable liner supported by berms,

6. The land farmed soil shall be tilled at least biweekly,

7. The land farmed soil shall be covered when not being tilled to prevent water from entering or leaving the area,

8. A monitoring and sampling program shall be established to evaluate the effectiveness of the land farming operation and the effect on the environment, including monitoring of groundwater to confirm leaching is not occurring and of off-gas emissions for air regulatory compliance. Before the land farming operation commences, the PRSR shall submit to the Department for review the monitoring and sampling program, design specifications of the treatment area, and types and amounts of any proposed additives to the soil, to demonstrate that the objectives of this subparagraph will be met. Prior approval is not required for quantities less than 20 cubic yards, but the design specifications and results of the monitoring and sampling program shall be submitted in the Interim Source Removal Report,

9. Land farming of soil is limited to 180 days, at the end of which time proper disposal is required except if written approval pursuant to the provisions of subsection 62-780.790(3), F.A.C., to exceed this time frame is obtained from the Department; and,

10. Land farmed soil that does not 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 may be disposed on-site or off-site. The PRSR is advised that other federal or local laws and regulations may apply to these activities. Land farmed soil that exceeds the applicable CTLs specified in chapter 62-777, F.A.C., Table II shall not be disposed or returned to the original excavation without obtaining approval from the Department pursuant to paragraph 62-780.525(5)(a), or rule 62-780.650, 62-780.680, 62-780.690 or 62-780.700, F.A.C., as applicable.

(c) Interim Soil Vapor Extraction or related short term extraction technologies may be performed by the PRSR as an interim source removal activity prior to approval of a Remedial Action Plan prepared and submitted pursuant to rule 62-780.700, F.A.C., provided the PRSR submits an Interim Source Removal Proposal that includes the same level of engineering detail as a Remedial Action Plan pursuant to rule 62-780.700, F.A.C. and that air emissions monitoring shall be performed pursuant to paragraphs 62-780.700(4)(a) and (11)(i), F.A.C. Applicable sections shall be signed and sealed pursuant to rule 62-780.400, F.A.C.

(d) Consistent with the goals set forth in section 403.061(33), F.S., the Department encourages treatment over disposal options to address contaminated soil.

(e) Soil or sediment treatment, storage, or disposal techniques not authorized by applicable rules of the Department require approval in an Interim Source Removal Proposal submitted pursuant to paragraph 62-780.525(5)(f), F.A.C., or in a Remedial Action Plan submitted pursuant to rule 62-780.700, F.A.C.

(f) The Interim Source Removal Proposal shall include the information outlined in subsections 62-780.700(3) and (4), F.A.C., as applicable.

(g) The Department shall:

1. Provide the PRSR with written approval of the Interim Source Removal Proposal submitted pursuant to paragraph 62-780.525(5)(e), F.A.C., or

2. Notify the PRSR in writing, stating the reason(s) why the Interim Source Removal Proposal does not contain information adequate to support the selection of an alternative soil or sediment treatment or disposal technique.

(6) Authorization or receipt of approval pursuant to rule 62-780.525, F.A.C., does not relieve the PRSR from the obligation to comply with other Department rules (for example, chapters 62-701 and 62-730, F.A.C.) for product recovery, product disposal, groundwater recovery, or the handling, storage, disposal, or treatment of contaminated media. The PRSR is advised that other federal or local laws and regulations may apply to these activities.

(7) Interim Source Removal Report.

(a) Within the time frames specified in Table A or the CAD, the PRSR shall submit an electronic or paper copy of an Interim Source Removal Report to the Department for review. If analytical results obtained pursuant to subparagraphs 62-780.525(3)(a)6., 62-780.525(5)(a)5., and 62-780.600(5)(m)3., F.A.C., as applicable, after completion of the interim source removal, demonstrate that the No Further Action criteria of subsection 62-780.680(1), F.A.C., are met, a Site Assessment Report pursuant to subsection 62-780.600(7), F.A.C., may be submitted in lieu of an Interim Source Removal Report. The Interim Source Removal Report shall contain the following information in detail, as applicable:

1. The type and an estimated volume of non-aqueous phase liquids that were discharged to the environment, if known,

2. The volume of non-aqueous phase liquids and the volume of groundwater recovered,

3. The volume of contaminated soil or sediment excavated and treated or properly disposed,

4. The disposal or recycling methods for non-aqueous phase liquids and contaminated soil or sediment,

5. The disposal methods for other contaminated media and any investigation-derived waste,

6. A scaled site map (including a graphical representation of the scale used) that shows the location(s) of all known onsite structures (including any buildings, underground storage tanks, storm drain systems, and septic tanks), locations where free product was recovered and the area of soil removal or treatment, and the approximate locations where all samples were collected,

7. A table that summarizes free product thickness in each monitoring well or piezometer, the total depth and screened interval of each monitoring well or piezometer, and the dates the measurements were made,

8. The type of field screening instrument, analytical methods, or other methods used,

9. The dimensions of the excavation(s) and location(s), integrity, capacities and last known contents of storage tanks, integral piping, dispensers, or appurtenances removed,

10. A table that indicates the identification, depth, and field soil screening results of each sample collected,

11. Separate tables by media that summarize all available soil, sediment, groundwater, and surface water analytical results, detection limits achieved for non-detected analytes, and analyses performed (listing all contaminants analyzed and their corresponding CTLs),

12. Depth to groundwater at the time of each excavation, measurement locations, and method used to obtain that information,

13. A scaled site map (including a graphical representation of the scale used) that shows the locations and results of confirmatory soil or sediment samples in relation to the area of the soil or sediment removal,

14. Documentation or certification that confirms the proper treatment or proper disposal of the non-aqueous phase liquids, contaminated groundwater, contaminated soil, or contaminated sediment, including disposal manifests for non-aqueous phase liquids or hazardous waste, and a copy of the documentation or certification of treatment or acceptance of the contaminated soil or contaminated sediment; and,

15. For land farmed soil, a copy of the pre-treatment and post-treatment analytical results.

(b) The Department shall:

1. Provide the PRSR with written approval of the Interim Source Removal Report submitted pursuant to the criteria of paragraph 62-780.525(7)(a), F.A.C., or

2. Notify the PRSR in writing, stating the reason(s) why the Interim Source Removal Report does not conform with the applicable Interim Source Removal criteria of paragraph 62-780.525(7)(a), F.A.C.

(8) If the Interim Source Removal Report is incomplete in any respect, or is insufficient to satisfy the criteria of paragraph 62-780.525(7)(a), F.A.C., the Department shall inform the PRSR pursuant to subparagraph 62-780.525(7)(b)2., F.A.C., and the PRSR shall submit to the Department for review an electronic or paper copy of an Interim Source Removal Report Addendum that addresses the deficiencies within 60 days after receipt of the notice.

(9) If the interim source removal is performed after submittal of the Site Assessment Report, the PRSR shall submit to the Department for review an electronic or paper copy of a Site Assessment Report Addendum that updates the Site Assessment Report by summarizing the interim source removal activities and all sampling results obtained after submittal of the Site Assessment Report, and that includes a recommendation pursuant to paragraph 62-780.600(8)(b), F.A.C.

Rulemaking Authority 376.303, 376.3071, 376.30701, 376.3078(4), 376.3078(9), 376.81 FS. Law Implemented 376.3071, 376.30701, 376.3078(4), 376.3078(9), 376.81 FS. History–New 2-2-17.