62-780.750. Post Active Remediation Monitoring

(1) Post active remediation 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 or the site rehabilitation is continuing under Natural Attenuation Monitoring pursuant to rule 62-780.690, F.A.C. When active groundwater remediation has met the No Further Action criteria of subsection 62-780.680(1), F.A.C., the site-specific alternative cleanup target levels, 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) The Department shall:

(a) Provide the PRSR with written approval of the Post Active Remediation Monitoring Plan, or

(b) Notify the PRSR in writing, stating the reason(s) why the Post Active Remediation Monitoring Plan does not contain information adequate to support the conclusion that the applicable Post Active Remediation Monitoring criteria of rule 62-780.750, F.A.C., have been met.

(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) A minimum of two monitoring wells is required:

1. At least one well shall be located at the downgradient edge of the plume; and,

2. At least one well shall be located in the area(s) of highest groundwater contamination or directly adjacent to it if the area of highest groundwater contamination is inaccessible (for example, under a structure).

(b) The designated monitoring wells shall be sampled quarterly, or at a frequency specified in the Post Active Remediation Monitoring Plan approval, for analyses of contaminants that were present prior to the initiation of active remediation;

(c) Water-level measurements in all designated wells and piezometers shall be made within 24 hours of initiating each sampling event;

(d) Within the time frames specified in Table A, located at the end of rule 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) If analyses of groundwater samples indicate that concentrations of applicable contaminants exceed any action levels specified in the Post Active Remediation Monitoring Plan approval, the well or wells shall be resampled no later than 30 days after the initial positive result is known. If the results of the resampling confirm that the applicable action levels are exceeded, then the monitoring report described in paragraph 62-780.750(4)(d), F.A.C., shall be signed and sealed by an appropriate registered professional pursuant to rule 62-780.400, F.A.C., and shall include a proposal to:

1. Perform a supplemental site assessment and submit a supplemental Site Assessment Report pursuant to Rule 62-780.600, F.A.C.,

2. Continue the implementation of the approved Post Active Remediation Monitoring Plan, or

3. Propose a Natural Attenuation Monitoring plan pursuant to rule 62-780.690, F.A.C., or

4. Implement additional active remediation pursuant to rule 62-780.700, F.A.C.

(f) A minimum of four groundwater sampling events is required and site rehabilitation shall be considered complete when the No Further Action criteria of subsection 62-780.680(1), 62-780.680(2), or 62-780.680(3), F.A.C., have been met for at least the last two sampling events. However, if contamination was only present in the unsaturated zone during the site assessment and active remediation tasks, site rehabilitation shall be considered complete if the No Further Action criteria of subsection 62-780.680(1), 62-780.680(2), or 62-780.680(3), F.A.C., are met during only one sampling event.

(5) The remediation equipment may be maintained in an inactive but operational status during the duration of post active remediation monitoring to avoid the possibility of having to re-install it if contaminant concentrations rebound.

(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) The Department shall:

(a) Provide the PRSR with a Site Rehabilitation Completion Order as referenced in subsection 62-780.680(7), F.A.C., that approves the No Further Action Proposal, or

(b) Notify the PRSR in writing, stating the reason(s) why the Site Rehabilitation Completion Report does not contain information adequate to support the opinion that the cleanup objectives have been achieved. Site rehabilitation activities shall not be deemed complete until such time as a Site Rehabilitation Completion Report, which includes a No Further Action Proposal, is approved.

(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) For brownfields, the Site Rehabilitation Completion Order shall contain the following statement, as applicable: “Based upon the information provided by (real property owner) concerning property located at (insert address), it is the opinion of the Florida Department of Environmental Protection that (party) has successfully and satisfactorily implemented the approved brownfield site rehabilitation agreement schedule and, accordingly, no further action is required to assure that any land use identified in the brownfield site rehabilitation agreement is consistent with existing and proposed uses. If the real property owner proposes to remove the institutional or engineering controls, the real property owner shall obtain prior approval from the Department. The removal of the controls shall be accompanied by the immediate resumption of site rehabilitation, or implementation of other approved controls, unless the criteria of subsection 62-780.680(1), F.A.C., are met.”

(10) The Site Rehabilitation Completion Order shall constitute final agency action regarding cleanup activities at the site.

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 6-12-13, 2-2-17.
Editorial Note: Portions of this rule were copied from rule 62-770.750; 62-782.750; and 62-785.750, F.A.C.