DEPARTMENT OF ENVIRONMENTAL PROTECTION
RULE NOS.:RULE TITLES:
62-771.100Introduction, Scope and Definitions
62-771.300Scoring System and Scoring System Application
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 39, No. 194, October 4, 2013 issue of the Florida Administrative Register.
62-771.100 Introduction, Scope and Definitions.
(1) through (4) No change.
(5) Definitions. All words and phrases defined in Section 376.301, F.S., shall have the same meaning when used in this chapter unless the context clearly indicates otherwise. The following words and phrases when used in this chapter shall, unless the context clearly indicates otherwise, have the following meanings:
(a) through (d) No change.
(e) “Imminent Threat” means a site where specific conditions or set of circumstances exist that are likely to create an immediate exposure risk to human health or the environment environmental receptors. The determination of the exposure risk posed by a site must take into consideration all of the following:
1. Level of contamination The toxicity of the contaminants of concern;
2. The concentrations of the contaminants of concern in the affected medium; and
2.3. The likelihood that exposure to this contamination will occur through completed exposure pathways.
(f) through (l) No change.
Rulemaking Authority 376.303, 376.3071, FS. Law Implemented 376.30, 376.301, 376.303, 376.305, 376.3071, 376.30711, 376.30713, 376.30714, 376.30715, 376.30716, 376.3072 FS. History–New 5-5-87, Formerly 17-71.001, Amended 6-5-89, 11-16-89, 2-14-93, Formerly 17-771.100, Amended 12-5-96,_________.
62-771.300 Scoring System and Scoring System Application.
(1)For sites that have not been scored, the initial scoring system is as follows:
(a) through (c) No change.
(d)Environmental Setting
1.Site located in G-1 area, as described in Rule 62-520.410, F.A.C., shall be awarded 4 points.
2.Site located in G-2 aquifer, as described in Rule 62-520.410, F.A.C., shall be awarded 2 points.
3. through 4.No change.
(2) through (4) No change.
(5)Rescoring.
(a)Based on site-specific data, the Department will rescore (award or deduct points from the current score using the applicable criteria in subsection 62-771.300(1), F.A.C.), and modify the priority status of a site after completion of a Site Assessment or Remedial Action work if the site meets the criteria in subsection 62-780.690(1), F.A.C. Long-term natural attenuation is subject to the criteria in Section 376.3071(5)(c)2., Florida Statutes, If active remediation is required to resume, the site shall be rescored in accordance with this subsection. Notwithstanding the priority ranking score of a site that has been rescored, funds from the Inland Protection Trust Fund shall be made available for implementation of a monitoring plan in accordance with the site’s program eligibility.
(b)At the request of the responsible party for a site, a site will be rescored (by awarding or deducting points from the initial score using the applicable criteria in subsection 62-771.300(1), F.A.C.) after the following:
1.(a) A After a Site Assessment Report has been approved by the Department, pursuant to Rule 62-780.600, F.A.C., the site will be rescored by awarding or deducting points from the initial score using the applicable criteria in subsection 62-771.300(1), F.A.C.
2.(b) A After a Risk Assessment Report has been approved by the Department, pursuant to Rule 62-780.650, F.A.C., the site will be rescored by awarding or deducting points from the initial score using the applicable criteria in subsection 62-771.300(1), F.A.C.
3.(c) A After a Post Active Remediation Monitoring Report has been approved by the Department, pursuant to Rule 62-780.750, F.A.C., the site will be rescored by awarding or deducting points from the initial score using the applicable criteria in subsection 62-771.300(1), F.A.C.
(d)If any of the approved reports discussed in paragraph 62-771.300(5)(a)-(c), F.A.C., demonstrate that the petroleum contamination at a site poses minimal risk to public or private sources of potable water or surface waters, the Department will deduct the applicable points awarded to a site in subparagraph 62-771.300(1)(b), F.A.C.
(e) Notwithstanding the priority ranking score of a site in natural attenuation monitoring, funds shall be made available for implementation of a monitoring plan in accordance with the site’s program eligibility.
(f) If a site is no longer meeting the criteria to remain in natural attenuation monitoring or long-term natural attenuation monitoring, the Department will rescore the site, if necessary, and revisit options for remedial action and site closure under Chapter 62-780, F.A.C.
(6)Priority List. A priority list of sites shall be developed based on an ordering of scored sites such that the highest scored site(s) shall be of highest priority for response action and the lowest scored site(s) shall be of lowest priority for response action. The priority ranking list shall be maintained on the Department’s website and contain the date that any site is rescored. All scored sites shall be incorporated into the priority list with the position of all sites previously on the list being adjusted accordingly.
(7)Site Selection and Task Assignments. Sites will be selected for response actions beginning with the highest ranked sites on the most recent priority ranking list and proceed through lower ranked sites. Contractors will be assigned to specific program tasks at sites in accordance with the provisions of Chapter 62-772, F.A.C. Assignments for program tasks to be conducted by state contractors or through local government contracts shall be made according to the most recent priority list and shall be based on the Department’s determination of contractor logistics, geographical considerations and other criteria the Department determines are necessary to achieve cost effective site rehabilitation.
(8) through (9) No change.
Rulemaking Authority 376.303, 376.3071, FS. Law Implemented 376.30, 376.301, 376.303, 376.305, 376.3071, 376.30711, 376.30713, 376.30714, 376.30715, 376.30716, 376.3072 FS. History–New 5-5-87, Formerly 17-71.001, Amended 6-5-89, 11-16-89, 2-14-93, Formerly 17-771.100, Amended 12-5-96,_________.
