Referenced Guidelines, Applicability, Acronyms and Definitions, Contamination Reporting, Notices, Combined Document, Emergency Response Action or Interim Source Removal, De Minimis Discharges, Petroleum or Petroleum Product De Minimis Discharges, ...

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NOS.:RULE TITLES:
62-780.100Referenced Guidelines
62-780.150Applicability
62-780.200Acronyms and Definitions
62-780.210Contamination Reporting
62-780.220Notices
62-780.450Combined Document
62-780.500Emergency Response Action or Interim Source Removal
62-780.550De Minimis Discharges
62-780.560Petroleum or Petroleum Product De Minimis Discharges
62-780.600Site Assessment
62-780.650Risk Assessment
62-780.680No Further Action and No Further Action with Controls
62-780.690Natural Attenuation with Monitoring
62-780.700Active Remediation
62-780.750Post Active Remediation Monitoring
62-780.790Time Schedules
62-780.900Forms

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. 38, No. 36, September 7, 2012 issue of the Florida Administrative Register.

62-780.100 Referenced Guidelines.

Specific references to the guidelines listed below are made within this chapter. The guidelines are not standards as defined in Section 403.803, F.S. Use of these guidelines is not mandatory; the guidelines are included for informational purposes only.

(1) through (2) No change.

(3) Chapter 62-780, F.A.C., Contaminated Site Risk-Based Corrective Action (RBCA) Flow Process charts, dated March 21, 2013 March 9, 2012.

(4) through (5) No change.

(6) Management of Contaminated Media under RCRA, dated August 9, 2006.

(7) through (10) renumbered (6) through (9) No change.

Rulemaking Authority 376.303, 376.3071, 376.30701, 376.3078(4), 376.81 FS. Law Implemented 376.3071, 376.30701, 376.3078(4), 376.81 FS. History–New 4-17-05, Amended__________.

Editorial Note: Portions of this rule were copied from 62-770.140; 62-782.100; and 62-785.100.

62-780.150 Applicability.

(1) through (10) No change.

(11) Receipt of approval pursuant to this chapter does not relieve the PRSR from the obligation to comply with other Department rules (for example, Chapters 62-701, 62-713, and 62-730, F.A.C.) [refer to the contaminated media guidance referenced in subsection 62-780.100(6), F.A.C.] regarding disposal, relocation, or treatment of contaminated media. The PRSR is advised that other federal, state, or local laws and regulations may apply to these activities.

Rulemaking Authority 376.303, 376.3071, 376.30701, 376.3078(4), 376.81 FS. Law Implemented 376.3071, 376.30701, 376.3078(4), 376.81 FS. History–New 4-17-05, Amended___________.

Editorial Note: Portions of this rule were copied from 62-770.160, Formerly 17-70.004 and Formerly 17-770.160; 62-782.150; and 62-785.150.

62-780.200 Acronyms and Definitions.

All words and phrases defined in Sections 376.301 and 376.79, F.S., shall have the same meaning when used in this chapter unless specifically stated otherwise in this chapter. See Sections 376.301 and 376.79, F.S., for definitions of the following terms: “Additive effects,” “Antagonistic effects,” “Brownfield area,” “Brownfield site,” “Cleanup target level,” “Contaminant,” “Contaminated site,” “Discharge,” “Drycleaning facility,” “Drycleaning solvents,” “Hazardous substances,” “Institutional control,” “Natural attenuation,” “Person responsible for brownfield site rehabilitation,” “Petroleum,” “Petroleum product,” “Pollutants,” “Risk reduction,” “Site rehabilitation,” “Synergistic effects,” “Temporary point of compliance,” and “Wholesale supply facility.” The following words and phrases used in this chapter shall, unless the context clearly indicates otherwise, have the following meanings:

(1) through (9) No change.

(10) “Contaminated sediment” means sediment that is contaminated as determined by the concentrations of the contaminants, actual circumstances of exposure, biological diversity studies, toxicity testing, or other evidence of harmful effects, as applicable. [Refer to the sediment guidelines referenced in subsections 62‑780.100(1) and (6) (7), F.A.C., for guidance on the evaluation of contaminant concentrations, sediment quality conditions, and testing methods.]

(11) through (31) No change.

(32) “Petroleum products’ contaminants of concern” means the contaminants listed in Table B of this chapter (tables are located at the end of Section 62-780.900, F.A.C.), and similar chemicals found in additives, provided the contaminants are present as a result of a discharge of petroleum or petroleum products as defined in Section 376.301, F.S.

(33) through (49) No change.

(50) “Used oil” means any lubricants for use in internal combustion engines that have been refined from crude oil and, as a result of use, storage, or handling, have become unsuitable for their original purpose due to the presence of impurities or loss of properties, but that may be suitable for further use as a fuel or are economically recyclable for use as a fuel. “Used oil” shall not include any used oil that has been mixed with any material that is a hazardous waste, unless the material is a hazardous waste solely due to the characteristic of ignitability as defined in 40 CFR Part 261, Subpart C (7-1-12 Edition), hereby adopted and incorporaed by reference (http://www.flrules.org/Gateway/reference.asp?No=Ref-02417).

(51) through (54) No change.

Rulemaking Authority 376.303, 376.3071, 376.30701, 376.3078(4), 376.81 FS. Law Implemented 376.3071, 376.30701, 376.3078(4), 376.81 FS. History–New 4-17-05, Amended____________.

Editorial Note: Portions of this rule were copied from 62-770.200, Formerly 17-70.003 and Formerly 17-770.200; 62-782.200; and 62-785.200.

62-780.210 Contamination Reporting.

(1) through (3) No change.

(4) Notwithstanding the provisions of subsections 62-780.210(1)-(3), F.A.C., nothing in this chapter herein 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) No change.

(b) “Discovery” means:

1. through 3. No change.

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 Section 62-780.900, F.A.C.); or

5. No change.

Rulemaking Authority 376.303, 376.3071, 376.3078 FS. Law Implemented 376.305, 376.3071, 376.30701, 376.3078 FS. History–New___________.

Editorial Note: Portions of this rule were copied from 62-770.250, Formerly 17-770.250.

62-780.220 Notices.

(1) Notice of Field Activities. Within the time frames specified in Table A (located at the end of Section 62-780.900, F.A.C.) or the CAD, the PRSR, its agent, or authorized representative shall provide written notice to the Department prior to performing field activities such as interim source removal activities, installing monitoring or recovery well(s), performing sampling, installing remediation equipment, or installing an engineering control. Personnel from the Department shall be allowed the opportunity to observe these field activities and to take sub-samples. If the Department chooses to be present when field activities are being performed, the Department shall be responsible for confirming that the field activities are being performed in accordance with the schedule provided in the written notification.

(2) through (6) No change.

(7) Prior to the Department’s approval of a No Further Action Proposal with institutional controls or with institutional and engineering controls, the PRSR shall provide constructive notice of the Department’s intent for such approval to the local government(s) with jurisdiction over the property(ies) subject to the institutional control, to real property owner(s) of any property subject to the institutional control, and to residents of any property subject to the institutional control. The PRSR shall provide the Department with proof of such notice that meets the requirements of subsections 62‑110.106(5), (8), and (9), F.A.C., except that the notice shall be prepared and published by the PRSR within 30 days after the Department’s provisional approval of the No Further Action Proposal with institutional controls. The notice shall provide the local government(s) with jurisdiction over the property(ies) subject to the institutional control, real property owner(s) of any property subject to the institutional control, and residents of any property subject to the institutional control, the opportunity to comment to the Department within 30 days after receipt of the notice of the Department’s intent of approval. Where subsection 62‑110.106(8), F.A.C., requires a description of the agency action proposed, the notice shall contain “to issue a Site Rehabilitation Completion Order with institutional controls for a contaminated site.” Additionally, the notice of rights language shall be replaced with “Local governments, real property owner(s) of any property subject to the institutional control, and residents of any property subject to the institutional control have 30 days from publication of this notice to provide comments to the Department.” The notice also shall provide the appropriate mailing address to which comments should be sent. See subsection 62-780.100(7) 62-780.100(8), Institutional Controls Procedures Guidance, for sample notice templates.

Rulemaking Authority 376.303, 376.3071, 376.30701, 376.30702, 376.3078(4), 376.81, 403.7255 FS. Law Implemented 376.3071, 376.30701, 376.30702, 376.3078(4), 376.81, 403.7255 FS. History–New 4-17-05, Amended 12-27-07,__________.

Editorial Note: Portions of this rule were copied from 62-770.220; 62-782.220; and 62-785.220.

62-780.450 Combined Document.

(1) through (3) No change.

(4) Within the time frames of Table A (located at the end of Section 62-780.900, F.A.C.) or the CAD, the PRSR shall submit an electronic or paper copy of the combined document to the Department for review, including all applicable professional certifications as required pursuant to Rule 62‑780.400, F.A.C.

(5) No change.

(6) If the individual program task or combined document is incomplete in any respect, or is insufficient to satisfy the requirements of the applicable criteria of Rule 62‑780.500, 62‑780.600, 62‑780.650, or 62‑780.700, F.A.C., the Department shall inform the PRSR pursuant to paragraph 62‑780.450(5)(b), F.A.C., and the PRSR shall submit to the Department for review an electronic or paper copy of a Combined Document Addendum that addresses the deficiencies within 60 days after receipt of the notice.

Rulemaking Authority 376.3071, 376.30701, 376.3078(4), 376.81, 403.0877 FS. Law Implemented 376.3071, 376.30701, 376.3078(4), 376.81, 403.0877 FS. History–New 4-17-05, Amended__________.

Editorial Note: Portions of this rule were copied from 62-782.450; and 62-785.450.

62-780.500 Emergency Response Action or Interim Source Removal.

(1) No change.

(2) Free Product Removal and Disposal.

(a) The PRSR may, and for emergency response actions shall, 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 Section 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. through 4. No change.

(2)(b) through (4) No change.

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

(a) The PRSR may, and for emergency response actions shall, 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. through 5. No change.

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 CFR Part 261 Subpart D, (7-1-12 Edition), hereby adopted and incorporated by reference (http://www.flrules.org/Gateway/reference.asp?No=Ref-02418), 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 CFR 261.24(b), Subpart C, adopted and incorporated by reference in Section 62-780.200(50), F.A.C., (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 CFR 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-02419), petroleum contaminated media and debris, associated with an underground storage tank system, that fail the test for the Toxicity Characteristic of 40 CFR 261.24, Subpart C (Hazardous Waste Codes D018 through and 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. [Refer to the contaminated media guidelines referenced in subsection 62‑780.100(6), F.A.C., for guidance in managing soil or sediment that contains hazardous waste.]; and

7. No change.

(5)(b) through (f) No change.

(6) Authorization or receipt of approval pursuant to Rule 62‑780.500, 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. [Refer to the contaminated media guidelines referenced in subsection 62‑780.100(6), F.A.C., for guidance on management of environmental media that contain hazardous waste.] 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 62‑780.500(3)(a)6., 62‑780.500(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. through 15. No change.

(7)(b) No change.

(8) If the Interim Source Removal Report is incomplete in any respect, or is insufficient to satisfy the criteria of paragraph 62‑780.500(7)(a), F.A.C., the Department shall inform the PRSR pursuant to subparagraph 62‑780.500(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, 376.30711, 376.3078(4), 376.3078(9), 376.81 FS. History–New 4-17-05, Amended__________.

Editorial Note: Portions of this rule were copied from 62-770.300, Formerly 17-70.006 and Formerly 17-770.300; 62-782.500; and 62-785.500.

62-780.550 Nonpetroleum De Minimis Discharges.

(1) For purposes of this rule section, a “nonpetroleum de minimis discharge” means a A discharge of pollutants or hazardous substances other than petroleum or petroleum products as defined in Section 376.301, F.S., that is removed from the soil, sediment, surface water, and groundwater to CTLs or background concentrations pursuant to subsection 62‑780.680(1), F.A.C., within a period of 30 days from the discovery of the discharge is considered de minimis.

(2) through (3) No change.

Rulemaking Authority 376.30701, 376.3078(4), 376.81 FS. Law Implemented 376.303, 376.315, 376.30701, 376.3078(4), 376.81 FS. History–New 4-17-05, Amended___________.

62-780.560 Petroleum or Petroleum Product De Minimis Discharges.

(1) For purposes of this rule section, a “petroleum or petroleum product de minimis discharge” means a Ddischarges of petroleum or petroleum products of less than 25 gallons onto a pervious surface. are considered de minimis discharges and are Such a discharge is exempt from the notification requirements of subsection 62-780.220(1) and Rule 62-780.500, F.A.C., as long as the discharge is removed and properly treated or properly disposed, or otherwise remediated, pursuant to the applicable provisions of Rule 62-780.500, F.A.C., so that CTLs or background concentrations pursuant to subsection 62‑780.680(1), F.A.C., are achieved.

(2) For purposes of this rule section, a “petroleum or petroleum product de minimis discharge” also means a dDischarges of petroleum or petroleum products of 25 to 500 gallons onto a pervious surface that isare not associated with a regulated petroleum storage system and has have not impacted groundwater, and for which the FDEP Office of Emergency Response oversees the response actions, are considered de minimis discharges if at the conclusion of the emergency response action, CTLs or background concentrations pursuant to subsection 62‑780.680(1), F.A.C., are achieved. These de minimis discharges shall be addressed as an interim source removal and shall be subject to the applicable requirements of Rule 62-780.500, F.A.C., including notification and reporting. If the information presented in the Interim Source Removal Report confirms that no contamination remains at the conclusion of the emergency response action, the Department will indicate in writing that information provided on a Discharge Reporting Form, incorporated in Rule 62-761.900, F.A.C. [Form Number 62‑761.900(1)], or other discharge record will no longer be tracked by the Division of Waste Management and that no other site rehabilitation requirements of this chapter are required to be followed.

Rulemaking Authority 376.303, 376.3071 FS. Law Implemented 376.303, 376.315, 376.3071 FS. History–New__________.

62-780.600 Site Assessment.

(1) For all sites except brownfield sites, unless the discharge is a de minimis discharge addressed pursuant to the requirements of Rule 62‑780.550 or 62-780.560, F.A.C., the PRSR shall commence a site assessment within 60 days after a discharge is discovered. For purposes of a site assessment, “commence” means that the PRSR has employed or contracted with a professional engineer or geologist to design, implement, and complete the requirements of this section, and has given the professional the authority to proceed with the required work. The PRSR shall conduct the site assessment in accordance with the requirements of this rule and the time frames of Table A, located at the end of Section 62-780.900, F.A.C., or the CAD, if applicable. For brownfield sites, because site assessment or assessment activities may have already been completed at a brownfield site or sites within a designated brownfield area prior to the execution of a BSRA, a PRSR may choose to submit to the Department for review the associated assessment documents as its Site Assessment Report pursuant to subsection 62-780.600(8), F.A.C. If site assessment work is necessary to define the nature and extent of contamination at a brownfield site or sites within a designated brownfield area, the site assessment shall be completed in accordance with the time frames specified in the BSRA.

(2) through (3) No change.

(4) The analyses for contaminants in surface water, groundwater, soil, and sediment samples, as applicable, shall be performed using the appropriate analytical procedures referenced or listed in Chapter 62‑160, F.A.C. The initial analyses of contaminants, including their reaction and degradation products, shall be based on the site history.

(a) For discharges of drycleaning solvents, analyses shall be performed for the applicable contaminants of concern listed in Table B of this chapter, located at the end of Section 62-780.900, F.A.C.

(b) For discharges of petroleum or petroleum products, analyses shall be performed for the applicable contaminants of concern listed in Table B of this chapter, as follows:

1. If petroleum product discharges are from the Gasoline or Kerosene Analytical Groups, analyses shall be performed as described in Table C, located at the end of Section 62-780.900, F.A.C., except that:

a. through b. No change.

2. If petroleum product discharges are from used oil, from an identified product not listed in the Gasoline or Kerosene Analytical Groups, or from a product for which the specific identity is unknown, analyses shall be performed as described in Table D, located at the end of Section 62-780.900, F.A.C.

3. If the contamination is derived from petroleum, analyses shall be performed as described in Table E, located at the end of Section 62-780.900, F.A.C.

(5) The site assessment shall include tasks that are necessary to achieve objectives described in subsection 62‑780.600(3), F.A.C., and include the following, as applicable:

(a) through (l) No change.

(m) Sampling of monitoring wells for the appropriate laboratory analyses, with the most recent sampling of representative monitoring wells having occurred no more than 270 days prior to Site Assessment Report submittal, to determine the degree and extent of groundwater contamination and the background concentrations, if applicable, such that:

1. Drill cuttings and drilling mud generated during monitoring well installation shall be handled and disposed of in such a manner that contamination is not spread into previously uncontaminated or less contaminated media. Authorization pursuant to this rule 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 handling and disposal of contaminated media. [Refer to the contaminated media guidelines referenced in subsection 62‑780.100(6), F.A.C., for guidance.] The PRSR is advised that other federal or local laws and regulations may apply; and

2. Development water and purge water shall be handled and disposed of in such a manner that contamination is not spread into previously uncontaminated or less contaminated media. Authorization pursuant to this rule 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 handling and disposal of contaminated media. [Refer to the contaminated media guidelines referenced in subsection 62‑780.100(6), F.A.C., for guidance.] The PRSR is advised that other federal or local laws and regulations may apply; and

3. No change.

(5)(n) through (u) No change.

(6) No change.

(7) Within the time frames specified in Table A or the CAD, the PRSR shall submit to the Department for review an electronic or paper copy of a Site Assessment Report (that may reference previously submitted documents).

(8) through (9) No change.

(10) If the Site Assessment Report is incomplete in any respect, or is insufficient to satisfy the objectives of subsection 62‑780.600(3), F.A.C., the Department shall inform the PRSR pursuant to paragraph 62‑780.600(9)(b), F.A.C., and the PRSR shall submit to the Department for review an electronic or paper copy of a Site Assessment Report Addendum that addresses the deficiencies within 60 days after receipt of the notice.

Rulemaking Authority 376.303, 376.3071, 376.30701, 376.3078(4), 376.81, 403.0877 FS. Law Implemented 376.3071, 376.30701, 376.3078(4), 376.81, 403.0877 FS. History–New 4-17-05, Amended ___________.

Editorial Note: Portions of this rule were copied from 62-770.600, Formerly 17-70.008 and Formerly 17-770.600; 62-782.600; and 62-785.600.

62-780.650 Risk Assessment.

(1) through (2) No change.

(3) Within the time frames specified in Table A, located at the end of Section 62-780.900, F.A.C., or the CAD, the PRSR shall submit to the Department for review an electronic or paper copy of the Risk Assessment Report.

(4) through (5) No change.

(6) If the Risk Assessment Report is incomplete in any respect, or is insufficient to satisfy the objectives set forth in subsection 62‑780.650(4), F.A.C., the Department shall inform the PRSR pursuant to paragraph 62‑780.650(5)(b), F.A.C., and the PRSR shall submit to the Department for review an electronic or paper copy of a Risk Assessment Report Addendum that addresses the deficiencies within 60 days after receipt of the notice.

Rulemaking Authority 376.303, 376.3071, 376.30701, 376.3078(4), 376.81, 403.061 FS. Law Implemented 376.3071, 376.30701, 376.3078(4), 376.81, 403.021, 403.061, 403.062 FS. History–New 4-17-05, Amended ___________.

Editorial Note: Portions of this rule were copied from 62-770.650; 62-782.650; and 62-785.650.

62-780.680 No Further Action and No Further Action with Controls.

(1) Risk Management Options Level I – A No Further Action without institutional controls or without institutional and engineering controls shall apply if the following conditions are met:

(a) through (b) No change.

(c) Contaminated groundwater is not present, as demonstrated by the analyses of groundwater samples collected from representative sampling locations (unless the Department has concurred that groundwater sampling is unnecessary based on the site‑specific conditions), that show that criteria 1. and 2. are met:

1. Groundwater contaminant concentrations do not exceed the less stringent of:

a. The groundwater CTLs specified in Chapter 62‑777, F.A.C., Table I groundwater criteria column, except that for brownfields, groundwater contaminant concentrations may exceed the groundwater CTLs derived from nuisance, organoleptic, or aesthetic considerations if the following additional criteria are met:

(I) Concentrations of contaminants meet all applicable health-based groundwater CTLs provided in Chapter 62‑777, F.A.C., Table I groundwater criteria column, and Chapter 62-780, F.A.C., Table F, located at the end of Section 62-780.900, F.A.C., and if applicable, surface water CTLs pursuant to paragraph 62‑780.680(1)(d), F.A.C.;

(II) through (IV) No change.

b. through c. No change.

2. No change.

(d) through (e) No change.

(2) through (3) No change.

(4) Unless the No Further Action Proposal is included in a Site Assessment Report pursuant to subparagraph 62‑780.600(8)(b)1., F.A.C., or a Risk Assessment Report pursuant to paragraph 62‑780.650(4)(a), F.A.C., or a Site Rehabilitation Completion Report pursuant to subsection 62‑780.690(10) or 62‑780.750(6), F.A.C., the PRSR shall submit to the Department for review an electronic or paper copy of the No Further Action Proposal when the criteria for No Further Action have been met. The No Further Action Proposal shall include the tables required pursuant to subparagraph 62‑780.600(8)(a)27., F.A.C., updated as applicable. Prior to approval of a No Further Action Proposal with an institutional control or an engineering control accompanied by an institutional control, documentation of the agreement with the real property owner(s) of all properties subject to the institutional or engineering controls shall be submitted to the Department.

(5) No change.

(6) If the No Further Action Proposal is incomplete in any respect, or is insufficient to satisfy the objectives of subsection 62‑780.680(1), 62‑780.680(2), or 62‑780.680(3), F.A.C., the Department shall inform the PRSR pursuant to paragraph 62‑780.680(5)(b), F.A.C., and the PRSR shall submit to the Department for review an electronic or paper copy of a revised No Further Action Proposal that addresses the deficiencies within 30 days after receipt of the notice. If the deficiencies are not timely corrected, or cannot be corrected, the PRSR shall submit to the Department for review, as appropriate, an electronic or paper copy of a Natural Attenuation Monitoring Plan pursuant to Rule 62‑780.690, F.A.C., or an electronic or paper copy of a Remedial Action Plan pursuant to Rule 62‑780.700, F.A.C., within 60 days after receipt of the notice.

(7) through (9) No change.

Rulemaking Authority 376.303, 376.3071, 376.30701, 376.3078(4), 376.81, 403.061, 403.0877 FS. Law Implemented 376.3071, 376.30701, 376.3078(4), 376.81, 403.0877 FS. History–New 4-17-05, Amended ___________.

Editorial Note: Portions of this rule were copied from 62-770.680; 62-782.680; and 62-785.680.

62-780.690 Natural Attenuation Monitoring.

(1) through (3) No change.

(4) If the criteria of subsection 62‑780.690(1), F.A.C., are met, a Natural Attenuation Monitoring Plan, prepared pursuant to subsection 62‑780.690(8), F.A.C., may be submitted. Unless the Natural Attenuation Monitoring Plan is included in a Site Assessment Report pursuant to subparagraph 62‑780.600(8)(b)2., F.A.C., or in a Risk Assessment Report pursuant to paragraph 62‑780.650(4)(b), F.A.C., the PRSR shall submit to the Department for review an electronic or paper copy of the Natural Attenuation Monitoring Plan.

(5) No change.

(6) If the Natural Attenuation Monitoring Plan is incomplete in any respect, or is insufficient to satisfy the criteria of subsection 62‑780.690(1), F.A.C., the Department shall inform the PRSR pursuant to paragraph 62‑780.690(5)(b), F.A.C., and the PRSR shall submit to the Department for review an electronic or paper copy of a revised Natural Attenuation Monitoring Plan that addresses the deficiencies within 30 days after receipt of the notice. If the deficiencies are not timely corrected, or cannot be corrected, the PRSR shall, as appropriate, continue the implementation of the approved Remedial Action Plan or submit to the Department for review an electronic or paper copy of a Remedial Action Plan pursuant to Rule 62‑780.700, F.A.C., within 60 days after receipt of the notice.

(7) No change.

(8) The monitoring program shall be performed as specified in the Natural Attenuation Monitoring Plan approval, as follows:

(a) through (c) No change.

(d) Within the time frames specified in Table A, located at the end of Section 62-780.900, F.A.C., or the CAD, the PRSR shall submit to the Department for review an electronic or paper copy of a Natural Attenuation Monitoring Report. The report shall include the analytical results (laboratory report), chain of custody record form [Form 62‑780.900(2) or an equivalent chain of custody form that includes all the items required by Form 62‑780.900(2)], the tables required pursuant to subparagraph 62‑780.600(8)(a)27., F.A.C., updated as applicable, site maps that illustrate the analytical results, and the water‑level elevation information (summary table and flow map);

(e) through (g) No change.

(9) No change.

(10) When Natural Attenuation Monitoring is considered complete pursuant to paragraph 62‑780.690(8)(g), F.A.C., within the time frames specified in Table A or the CAD, the PRSR shall submit to the Department for review an electronic or paper copy of a Site Rehabilitation Completion Report with a No Further Action Proposal. The Site Rehabilitation Completion Report shall include the documentation required in paragraph 62‑780.690(8)(d), F.A.C., to support the opinion that site cleanup objectives have been achieved.

(11) No change.

(12) If the Site Rehabilitation Completion Report is incomplete in any respect, or is insufficient to satisfy the objectives of subsection 62‑780.690(10), F.A.C., the Department shall inform the PRSR pursuant to paragraph 62‑780.690(11)(b), F.A.C., and the PRSR shall submit to the Department for review an electronic or paper copy of a revised Site Rehabilitation Completion Report that addresses the deficiencies within 30 days after receipt of the notice. If the deficiencies are not timely corrected, or cannot be corrected, the PRSR shall resume the implementation of the approved Natural Attenuation Monitoring Plan within 30 days after receipt of the notice.

(13) through (14) No change.

Editorial Note: Portions of this rule were copied from 62-770.690; 62-782.690; and 62-785.690.

62-780.700 Active Remediation.

(1) If the conditions at a site do not satisfy the No Further Action criteria of Rule 62‑780.680, F.A.C., or the Natural Attenuation Monitoring criteria of Rule 62‑780.690, F.A.C., within the time frames specified in Table A, located at the end of Section 62-780.900, F.A.C., or the CAD, the PRSR shall prepare and submit to the Department for review an electronic or paper copy of a Remedial Action Plan. The Remedial Action Plan shall be prepared pursuant to this rule and shall contain all of the information required herein. The objective of the active remediation shall be to meet the applicable No Further Action criteria of Rule 62‑780.680, F.A.C., or the Natural Attenuation Monitoring criteria of Rule 62‑780.690, F.A.C. The Remedial Action Plan shall provide a design that addresses cleanup of all contaminated soil, sediment, groundwater, or surface water as a result of the discharge for which the PRSR is conducting site rehabilitation. Additionally, if the Remedial Action Plan addresses contamination that has migrated into any medium beyond the boundary of the source property (i.e., the location from which the contamination is emanating), then the point of compliance may be temporarily extended beyond the property boundary with appropriate monitoring, if such extension is needed to address the current conditions of the plume, provided human health, public safety, and the environment are protected. If the point of compliance is proposed to be temporarily extended beyond the property boundary, it cannot be extended further than the lateral extent of the plume at the time of execution of a CAD, if known, or the lateral extent of the plume as defined at the time of the approved site assessment. Prior to the Department authorizing a temporary extension of the point of compliance beyond the property boundary, the PRSR shall provide notice and an opportunity to comment pursuant to subsection 62‑780.220(3), F.A.C.

(2) Prior to performing any pilot study, within the time frames specified in Table A or the CAD, the PRSR shall submit to the Department for review an electronic or paper copy of a Pilot Study Work Plan to determine the need for any applicable Department permits or authorizations (for example, underground injection control, National Pollutant Discharge Elimination System, or air emissions), and to ensure that human health and the environment are adequately protected. The Department shall:

(a) through (b) No change.

(3) through (7) No change.

(8) If the Remedial Action Plan is incomplete in any respect, or is insufficient to satisfy the objectives of subsection 62‑780.700(3), F.A.C., the Department shall inform the PRSR pursuant to paragraph 62‑780.700(7)(b), F.A.C., and the PRSR shall submit to the Department for review an electronic or paper copy of a Remedial Action Plan Addendum that addresses the deficiencies within 60 days after receipt of the notice.

(9) No change.

(10) Within the time frames specified in Table A or the CAD, an electronic or paper copy of engineering drawings (As‑Built Drawings) for installed mechanical remediation systems and associated structures (e.g., slurry wall, permeable reactive barrier) shall be submitted by the PRSR to the Department. The engineering drawings shall include all construction and equipment design specifications of the installed active remediation system(s) and any operational parameters different from those in the approved Remedial Action Plan. A summary of the system(s) startup activities shall be attached to the engineering drawings. For other types of remedial action including episodic treatment with mobile equipment, injection of chemical or biological remediation products, or contaminated soil excavation, revised site figures shall be provided indicating placement of remediation wells, injection wells, or boundaries of excavation.

(11) No change.

(12) During implementation of the Remedial Action Plan, within the time frames specified in Table A or the CAD the PRSR shall submit to the Department for review an electronic or paper copy of status reports of remedial action. The Remedial Action Status Report shall contain the following, as applicable:

(a) through (f) No change.

(13) through (15) No change.

(16) If the proposal is incomplete in any respect, or is insufficient to satisfy the applicable requirements of subsection 62‑780.700(14), F.A.C., the Department shall inform the PRSR pursuant to paragraph 62‑780.700(15)(b), F.A.C., and the PRSR shall submit to the Department for review an electronic or paper copy of a revised Natural Attenuation Monitoring Plan or other proposal pursuant to paragraphs 62‑780.700(14)(a)‑(c), F.A.C., that addresses the deficiencies, within 60 days after receipt of the notice. If the deficiencies are not timely corrected, or cannot be corrected, the PRSR shall continue the implementation of the approved Remedial Action Plan within 30 days after receipt of the notice.

(17) No change.

(18) For sites conducting active groundwater remediation, if the site does not meet the No Further Action criteria of subsection 62‑780.680(1), F.A.C., or the Natural Attenuation Monitoring criteria of Rule 62‑780.690, F.A.C., the PRSR may submit to the Department for review an electronic or paper copy of a proposal to discontinue active groundwater remediation, provided the following demonstration and analyses are met:

(a) through (c) No change.

(19) If a demonstration pursuant to subsection 62‑780.700(18), F.A.C., was completed, the PRSR shall compile the results of the demonstration and analyses described in paragraphs 62‑780.700(18)(a)-(c), F.A.C., in a report and shall submit an electronic or paper copy of the report to the Department for review within the time frames of Table A or the CAD. The Department shall determine, using the criteria specified in paragraph 62‑780.700(18)(c), F.A.C., whether modifications to the Remedial Action Plan are required pursuant to subsection 62‑780.700(14), F.A.C., to effect further treatment; however, if alternative methods are not required, active remediation shall be deemed complete.

(20) When the No Further Action criteria of subsection 62‑780.680(1), F.A.C., or the leveling off criteria of subsection 62‑780.700(18), F.A.C., have been met, an electronic or paper copy of a Post Active Remediation Monitoring Plan prepared pursuant to the Post Active Remediation Monitoring criteria described in Rule 62‑780.750, F.A.C., shall be submitted by the PRSR to the Department for review (unless the Department has concurred that Post Active Remediation Monitoring of groundwater is unnecessary based on the site‑specific conditions). If the Department agrees that groundwater sampling is unnecessary and the site meets the No Further Action criteria of subsection 62‑780.680(1), F.A.C., a Site Rehabilitation Completion Order shall be issued as referenced in subsection 62‑780.680(7), F.A.C.

Rulemaking Authority 376.303, 376.3071, 376.30701, 376.3078(4), 376.81, 403.0877 FS. Law Implemented 376.3071, 376.30701, 376.3078(4), 376.81, 403.0877 FS. History–New 4-17-05, Amended ___________.

Editorial Note: Portions of this rule were copied from 62-770.700, Formerly 17-70.010 and Formerly 17-770.700; 62-782.700; and 62-785.700.

62-780.750 Post Active Remediation Monitoring.

(1) Groundwater monitoring shall be performed following the completion of active groundwater remediation or soil remediation as described in Rule 62‑780.700, F.A.C., unless the Department has concurred that groundwater sampling is unnecessary based on the site‑specific conditions. When active groundwater remediation has met the No Further Action criteria of subsection 62‑780.680(1), F.A.C., or the leveling off criteria of subsection 62‑780.700(18), F.A.C., an electronic or paper copy of a Post Active Remediation Monitoring Plan prepared pursuant to the provisions of subsection 62‑780.750(4), F.A.C., and including analytical results demonstrating this conclusion, shall be submitted by the PRSR to the Department for review.

(2) No change.

(3) If the Post Active Remediation Monitoring Plan is incomplete in any respect, or is insufficient to satisfy the objectives of subsection 62‑780.750(1), F.A.C., the Department shall inform the PRSR pursuant to paragraph 62‑780.750(2)(b), F.A.C., and the PRSR shall submit to the Department for review an electronic or paper copy of a revised Post Active Remediation Monitoring Plan that addresses the deficiencies within 30 days after receipt of the notice. If the deficiencies are not timely corrected, or cannot be corrected, the PRSR shall resume the implementation of the approved Remedial Action Plan within 30 days after receipt of the notice.

(4) The monitoring program shall be performed as specified in the Post Active Remediation Monitoring Plan approval, as follows:

(a) through (c) No change.

(d) Within the time frames specified in Table A, located at the end of Section 62-780.900, F.A.C., or the CAD, the PRSR shall submit to the Department for review an electronic or paper copy of a Post Active Remediation Monitoring Report. The report shall include the analytical results (laboratory report), chain of custody record form [Form 62‑780.900(2) or an equivalent chain of custody form that includes all the items required by Form 62‑780.900(2)], the tables required pursuant to subparagraph 62‑780.600(8)(a)27., F.A.C., updated as applicable, site maps that illustrate the analytical results, and the water‑level elevation information (summary table and flow map);

(e) through (f) No change.

(5) No change.

(6) When post active remediation monitoring is considered complete pursuant to paragraph 62‑780.750(4)(f), F.A.C., within the time frames specified in Table A or the CAD, the PRSR shall submit to the Department for review an electronic or paper copy of a Site Rehabilitation Completion Report with a No Further Action Proposal. The Site Rehabilitation Completion Report shall include the documentation required in paragraph 62‑780.750(4)(d), F.A.C., to support the opinion that site cleanup objectives have been achieved.

(7) No change.

(8) If the Site Rehabilitation Completion Report is incomplete in any respect, or is insufficient to satisfy the objectives of subsection 62‑780.750(6), F.A.C., the Department shall inform the PRSR pursuant to paragraph 62‑780.750(7)(b), F.A.C., and the PRSR shall submit to the Department for review an electronic or paper copy of a revised Site Rehabilitation Completion Report that addresses the deficiencies within 30 days after receipt of the notice. If the deficiencies are not timely corrected, or cannot be corrected, the PRSR shall resume the implementation of the approved Post Active Remediation Monitoring Plan within 30 days after receipt of the notice.

(9) through (10) No change.

Editorial Note: Portions of this rule were copied from 62-770.750; 62-782.750; and 62-785.750.

62-780.790 Time Schedules.

(1) through (5) No change.

Rulemaking Authority 376.303, 376.3071, 376.30701, 376.3078(4) FS. Law Implemented 376.303, 376.3071, 376.30701, 376.30711, 376.3078(4) FS. History–New 4-17-05, Amended ___________.

Editorial Note: Portions of this rule were copied from 62-770.800, Formerly 17-70.013 and Formerly 17-770.800; and 62-782.790.

62-780.900 Forms.

The forms used by the Department in its Contaminated Site Cleanup Criteria programs are adopted and incorporated by reference in Sections 62-780.220 and .300, F.A.C. this rule. Each form is listed by subsection number, which is also the form number, and with the subject, title, and effective date. Forms may be obtained from the Division of Waste Management website at www.dep.state.fl.us/waste.

(1) Form 62‑780.900(1), Initial Notice of Contamination Beyond Property Boundaries (effective date____________).

(2) Form 62‑780.900(2) , Chain of Custody Record (effective date____________).

Rulemaking Authority 376.303, 376.3071, 376.30701, 376.30702, 376.3078(4), 376.81 FS. Law Implemented 376.3071, 376.30701, 376.30702, 376.3078(4), 376.81 FS. History–New 4-17-05, Amended 12-27-07, ____________.

Editorial Note: Portions of this rule were copied from 62-770.900, Formerly 17-770.900; 62-782.900; and 62-785.900.

TABLE A

Submittals and Time Frames for PRSR

(Unless superseded by a CAD)

Type of Report or Activity	PRSR Action or Submittal Time Frames
Notice of Initiation of Emergency Response Action or Interim Source Removal Action per Section 62-780.500, F.A.C.	Within 24 hours of initiation of the action
Interim Source Removal Proposal	When seeking approval before implementation of an alternative product recovery method, groundwater recovery, soil treatment or disposal technique (Rule 62-780.500, F.A.C.)
Interim Source Removal Status Report	Within 60 days of initiating interim source removal activities and every 60 days thereafter or when the field activity is terminated, whichever occurs first
Interim Source Removal Report	Within 60 days of completion of interim source removal activities
Site Assessment Commenced	Within 60 days after a discharge is discovered
Site Assessment Report (SAR)	SAR submitted within 270 days of discharge or discovery
Risk Assessment Report (RAR)	Optional (within 60 days of SAR approval or within the schedule approved in the Risk Assessment Work Plan)
Well Survey and Sampling Results pursuant to paragraph 62-780.600(3)(h), F.A.C.	Within 60 days of discovery of contamination beyond the property boundaries
No Further Action (NFA) Proposal	When the site meets the criteria for NFA (Rule 62-780.680, F.A.C.)
Natural Attenuation Monitoring (NAM) Plan	When the site meets the criteria for NAM (Rule 62-780.690, F.A.C.)
Natural Attenuation Monitoring (NAM) Report	Within 60 days of sample collection
Remedial Action Plan (RAP)	Within 90 days of approval of a SAR or RAR
As-Built Drawings	Within 120 days of initiating operation of active remediation system
Initiate Operation of Active Remediation System	Within 120 days of RAP approval
Remedial Action Status Report	Within 60 days of the anniversary date of initiating operation of active remediation system
Proposal submitted pursuant to subsection 62‑780.700(14), F.A.C.	Optional during active remediation
Post Active Remediation Monitoring (PARM) Plan	When the site meets the criteria for NFA (Rule 62-780.680, F.A.C.) or Leveling Off (subsection 62-62‑780.700(18), F.A.C.)
Post Active Remediation Monitoring (PARM) Report	Within 60 days of sample collection
Leveling Off Determination	Within 60 days of sample collection
Post Active Remediation Monitoring Plan resampling proposal (paragraph 62-780.750(4)(e), F.A.C.)	Within 60 days of sample collection
Site Rehabilitation Completion Report (SRCR)	Within 60 days of the final sampling event. If SRCR is not approved then submit modifications, etc. within 60 days of Department’s response
Pilot Study Work Plan	When seeking approval before implementation of a Pilot Study pursuant to subsection 62-780.700(2), F.A.C.
Combined Document (optional submittal)	Submitted within 270 days of discharge or discovery
Notices for Field Activities (except for Initiation of Emergency Response Action, De Minimis Discharges or Interim Source Removal Action)	Notice to the Department within seven days but not less than 24 hours prior to performing field activity
Submittal to the Department of addenda, responses, or modification to plans or reports, pursuant to Rule 62‑780.790, F.A.C.	Within 60 days of receipt of the Department’s response
Submittal of Form and Actual Notice required in subsection 62-780.220(2), F.A.C.	See text of rule for “Initial Notice of Contamination Beyond Property Boundaries” in subsection 62-780.220(2), F.A.C.
Submittal of Actual or Constructive Notices required in subsection 62-780.220(3), F.A.C.	See text of rule for “Subsequent Notice of Contamination Beyond Source Property Boundaries for Establishment of a Temporary Point of Compliance (TPOC)” in subsection 62‑780.220(3), F.A.C.

Document Information

Related Rules: (15): 62-780.100. Referenced Guidelines; 62-780.150. Applicability; 62-780.200. Acronyms and Definitions; 62-780.210. Contamination Reporting; 62-780.220. Notices; More ...