62-713.600. Stationary Soil Treatment Facility Closure and Financial Assurance

(1) Closure. The permit application shall include a closure plan that identifies the steps needed to close the facility. The closure plan shall demonstrate how the facility will be closed to meet the following requirements:

(a) There will be no need for further facility maintenance;

(b) Contaminants from soils accepted by the facility will not be expected to cause violations of Department water quality standards;

(c) All tanks, piping, secondary containment and ancillary equipment will be emptied and cleaned or removed from the site;

(d) Storage and process tanks and integral piping shall be closed in accordance with Chapter 62-761, F.A.C.; and

(e) Any contaminated soil or leachate on the site, including in situ soil that has become contaminated during facility operations, will be removed or treated so that it poses no significant threat to human health or the environment.

(2) At least 90 days prior to the date when contaminated soil will no longer be accepted, the owner or operator of the facility shall submit an updated and detailed closure plan to the Department to reflect any changes in the closure plan due to actual operational conditions at the facility. This updated plan shall be signed, dated and sealed by a professional engineer registered under Chapter 471, F.S.

(3) Within 90 days after receiving the final shipment of contaminated soil, the owner or operator shall remove or otherwise dispose of all soil in accordance with the approved closure plan.

(4) Closure shall be completed within 180 days after receiving the final shipment of contaminated soil. When closure is completed, the owner or operator shall provide a written certification to the Department that closure is complete. This closure certification shall be signed, dated and sealed by a professional engineer registered under Chapter 471, F.S. The Department will make an inspection within 30 days to verify the closure and advise the owner or operator of the closure status.

(5) Long-term care. The owner or operator of the soil treatment facility shall continue to monitor and maintain the facility for five years from the date of closing. This time period shall be extended if assessment monitoring or corrective action is required in accordance with subsection 62-701.510(7), F.A.C., or if site-specific conditions make it likely that any contamination which may emanate from the storage areas would not be detected within five years. Long-term care shall not be required if the owner or operator can demonstrate that all contaminated soil, as well as treated soil which has not met the criteria for cleaned soil, has been removed from the site and that site-specific conditions make it unlikely that any ground water or surface water standards or criteria will be violated. This demonstration shall be signed, dated and sealed by a professional engineer registered under Chapter 471, F.S., or a professional geologist registered under Chapter 492, F.S. Upon such a demonstration, the owner and operator of the facility shall have no further financial assurance obligations pursuant to subsection 62-713.600(6), F.A.C.

(6) Financial assurance.

(a) The owner or operator of a soil treatment facility shall provide the Department with proof of financial assurance issued in favor of the State of Florida in the amount of the closing and long-term care cost estimates for the facility. This proof, along with the closing and long-term care cost estimates, shall be submitted to the Department as part of the permit application for the facility. Proof of financial assurance shall consist of one or more of the following financial instruments which comply with the requirements of subsection 62-701.630(6), F.A.C.: trust fund; surety bond guaranteeing payment; surety bond guaranteeing performance; irrevocable letter of credit; insurance; and financial test and corporate guarantee. If the owner or operator of the facility is a local government, an escrow account which complies with the requirements of subsection 62-701.630(5), F.A.C., may be used to provide proof of financial assurance. Financial documents shall be submitted on Form 62-701.900(5)(a), (b), (c), (d), (e), (f), (g), or (h), as appropriate.

(b) For the purposes of determining the amount of proof of financial assurance that is required, the owner or operator shall estimate the total cost of closure for the facility. The annual cost of long-term care shall be estimated and listed separately, and multiplied by five years. The owner or operator shall submit the estimates to the Department along with the proof of financial assurance. The costs shall be estimated by a professional engineer registered under Chapter 471, F.S., for a third party performing the work, on a per unit basis, with the source of estimates indicated.

1. Closing costs shall include the estimated costs of compliance with subsection (1) above, assuming that the maximum amount of treated and untreated soils specified in the permit are stored at the facility.

2. Long-term care costs shall include the costs of ground water monitoring, collection and analysis.

(c) Closure cost estimates shall be updated annually in accordance with the provisions of paragraphs 62-701.630(4)(a) through (d), F.A.C.

Specific Authority 403.061, 403.704 FS. Law Implemented 403.0877, 403.707 FS. History–New 8-5-99.