62-771.100. Introduction, Scope and Definitions

(1) Purpose. The Inland Protection Trust Fund, created in Section 376.3071(2), F.S., serves as a repository for funds which enables the Department to respond without delay to incidents of inland contamination related to the storage of petroleum and petroleum products in order to protect the public health, safety and welfare and minimize environmental damage from petroleum contamination sites in an efficient and cost-effective manner. This Chapter identifies the process by which the Department will:

(a) Initially score petroleum contamination sites to reflect potential risk to human health and the environment;

(b) Rescore petroleum contamination sites based on available site-specific data; and

(c) Rank petroleum contamination sites based on score to prioritize the order in which the Department will perform site rehabilitation activities in accordance with Chapter 62-780, F.A.C.

(2) Pursuant to Section 376.3071(5)(a), F.S., this Chapter establishes criteria for determining Department priorities for conducting response actions at petroleum contamination sites.

(3) Pursuant to Section 376.3071(5)(a), F.S., funds from the Inland Protection Trust Fund shall be obligated for response action at individual petroleum contamination sites in accordance with such established criteria.

(4) Applicability. This rule establishes criteria and a system to score and rank petroleum contamination sites qualifying for the Early Detection Incentive Program (Section 376.3071(9), F.S.), sites qualifying for other authorized site activities (Section 376.3071(4), F.S.), sites participating in the restoration portion of the Petroleum Liability and Restoration Insurance Program (Section 376.3072, F.S.), sites qualifying for the Abandoned Tank Restoration Program (Section 376.305(6), F.S.), sites qualifying for the Petroleum Cleanup Participation Program (Section 376.3071(13), F.S.), and sites qualifying for the Innocent Victim Petroleum Storage System Restoration Program (Section 376.30715, F.S.) to determine the order in which sites will be addressed by the Department.

(5) Definitions. All words and phrases defined in Section 376.301, F.S., shall have the same meaning when used in this chapter. The following words and phrases when used in this chapter shall have the following meanings:

(a) “Assignment” means authorization to proceed with response action through a contract, task assignment, or Department issued purchase order.

(b) “Contamination” or “Contaminated” means a discharge of petroleum or petroleum products into surface waters, groundwaters or upon the land, in quantities which may result in a violation of Chapter 62-302, F.A.C., water quality standards.

(c) “Free Product” means petroleum or petroleum product in excess of 0.1 inches in thickness, measured at its thickest point, floating on the surface of surface waters or groundwaters.

(d) “Fund” means the Inland Protection Trust Fund.

(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. The determination of the exposure risk posed by a site must take into consideration all of the following:

1.Level of contamination; and

2.The likelihood that exposure to this contamination will occur through completed exposure pathways.

(f) “Lower Explosive Limit” means the minimum concentration of vapor to air below which propagation of a flame will not occur in the presence of an ignition source measured as the reading on an explosimeter calibrated using a 200 ppm propane mixture in a 21.5% oxygen atmosphere.

(g) “Obligate”, “Obligated”, or “Obligation” means a charge, based on best Department cost estimate, against the unobligated balance in the fund made in accordance with the requirements of Chapter 376, F.S., and this rule.

(h) “Program Task” means a phase of site rehabilitation, including initial remedial action, contamination assessment report, remedial action plan and remedial action, as described in Chapter 62-780, F.A.C.

(i) “Recent Product Loss” means a significant product loss a described in Rule 62-761.200(37), F.A.C., within 365 days prior to the date of the site scoring done in accordance with this rule.

(j) “Recent Spill” means a discharge of petroleum products within 365 days prior to the date of the site scoring done in accordance with this rule.

(k) “Site” or “Petroleum or Petroleum Product Contamination Site” means any contiguous land or inland surface water, and groundwater areas upon or into which a discharge of petroleum or petroleum products has occurred.

(l) “Unobligated Balance” means the amount of money remaining in the fund after the Department has made an obligation against the fund.

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, 1-16-14.