62-761.405. Notification  


Effective on Sunday, June 25, 2023
  • 1(1) For installations:

    4(a) For the purposes of this subsection, installation shall mean the date that the storage tank system or system component placement or construction will begin.

    29(b) Notification shall be received by the county in writing 39or electronic format 42between 30 and 45 days before installation of a storage tank system or system component unless the county agrees to a shorter time period.

    66(c) Notification shall also be received by the county in writing 77or electronic format 80between 48 and 72 hours prior to the installation work to confirm the date and time of the scheduled activities.

    100(2) For change in service status and closure:

    108(a) Notification shall be received by the county in writing 118or electronic format 121between 30 and 45 days before the initiation of the work related to the change in service status or closure unless the county agrees to a shorter time period.

    150(b) Notification shall also be received by the county in writing or electronic format between 48 and 72 hours prior to the initiation of the work to confirm the date and time of the scheduled activities.

    186(c) A Closure Integrity Evaluation Report Form for USTs 19562-761.900(7), 196(Closure Integrity Report), effective date, October 2019, hereby adopted and incorporated by reference, as prepared in accordance with paragraph 21562-761.800(3)(a), 216F.A.C., must be provided to the county with the notification of closure or change in service from a regulated substance to a non-regulated substance. To obtain copies of this form see Rule 24862-761.900, 249F.A.C., 250or 251http://www.flrules.org/Gateway/reference.asp?No=Ref-10739, 253or the Department’s website at https://floridadep.gov/waste/permitting-compliance-assistance/content/storage-tank-system-rules-forms-and-reference.

    259(d) Notification shall be received by the county in writing or electronic format at least 30 days prior to switching to a regulated substance containing greater than 10 percent ethanol or greater than 20 percent biodiesel.

    295(3) Notification of the discovery of an incident shall be made to the county in writing or electronic format on Form 31662-761.900(6), 317Incident Notification Form (INF), effective date, 323January 2017, 325hereby adopted and incorporated by reference, within 72 hours of the discovery or before the close of the County’s next business day; however, an INF need not be submitted if, within 72 hours of discovery, the investigation of the incident in accordance with Rule 36962-761.430, 370F.A.C., confirms that a discharge did or did not occur. To obtain copies of the INF Form see rule 38962-761.900, 390F.A.C., or 392h393ttp://www.flrules.org/Gateway/reference.asp?No=Ref-07657, 395or the Department’s website at https://floridadep.gov/waste/permitting-compliance-assistance/content/storage-tank-system-rules-forms-and-reference401.

    402(4) Except as provided in subsection 40862-761.440(5), 409F.A.C., notification of the discovery of a discharge shall be made to the county in writing 425or electronic format 428on Form 43062-761.900(1), 431Discharge Report Form (DRF), effective date, 437June 2023, 439hereby adopted and incorporated by reference, within 24 hours of the discovery or before the close of the county’s next business day unless the discovery is a non-petroleum de minimis discharge referenced in rule 47362-780.550, 474F.A.C., or a petroleum or petroleum product de minimis discharge referenced in subsection 48762-780.560(1), 488F.A.C. A de minimis discharge is exempt from the notification requirements as long as the discharge is removed and properly treated or properly disposed, or otherwise remediated pursuant to the applicable provisions of Chapter 62-780, F.A.C. To obtain copies of the DRF Form see Rule 53362-761.900, 534F.A.C., 535or 536http://www.flrules.org/Gateway/reference.asp?No=Ref-15409, 538or the Department’s website at https://floridadep.gov/waste/permitting-compliance-assistance/content/storage-tank-system-rules-forms-and-reference.

    544(5) Facility owners and operators are advised that notice must be provided through the State Watch Office if the discharge is a reportable pollution release as defined by Section 573403.077, F.S.

    575Rulemaking Authority 577376.303 FS. 579Law Implemented 581376.30, 582376.303, 583403.077 FS. 585History–New 5861-11-17, Amended 10-13-19, 6-25-23.
    590Editorial Note: 592Portions of this rule were copied from 59962-761.450, 600Formerly 17-761.450, F.A.C.