62-780.750. Post Active Remediation Monitoring  


Effective on Thursday, February 2, 2017
  • 1(1) 2Post active remediation groundwater 6monitoring shall be performed following the completion of active groundwater remediation or soil remediation as described in rule 2462-780.700, 25F.A.C., unless the Department has concurred that groundwater sampling is unnecessary based on the site-specific conditions 41or the site rehabilitation is continuing under Natural Attenuation Monitoring pursuant to rule 5462-780.690, 55F.A.C56. When active groundwater remediation has met the No Further Action criteria of subsection 7062-780.680(1), 71F.A.C., 72the site-specific alternative cleanup target levels, 78or the leveling off criteria of subsection 8562-780.700(18), 86F.A.C., an electronic or paper copy of a Post Active Remediation Monitoring Plan prepared pursuant to the provisions of subsection 10662-780.750(4), 107F.A.C., and including analytical results demonstrating this conclusion, shall be submitted by the PRSR to the Department for review.

    126(2) The Department shall:

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

    145(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 18062-780.750, 181F.A.C., have been met.

    185(3) If the Post Active Remediation Monitoring Plan is incomplete in any respect, or is insufficient to satisfy the objectives of subsection 20762-780.750(1), 208F.A.C., the Department shall inform the PRSR pursuant to paragraph 21862-780.750(2)(b), 219F.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.

    286(4) The monitoring program shall be performed as specified in the Post Active Remediation Monitoring Plan approval, as follows:

    305(a) A minimum of two monitoring wells is required:

    3141. At least one well shall be located at the downgradient edge of the plume; and,

    3302. 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).

    364(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;

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

    420(d) Within the time frames specified in Table A, located at the end of rule 43562-780.900, 436F.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 47662-780.900(2) 477or an equivalent chain of custody form that includes all the items required by Form 49262-780.900(2)493], the tables required pursuant to subparagraph 50062-780.600(8)(a)27., 501F.A.C., updated as applicable, site maps that illustrate the analytical results, and the water-level elevation information (summary table and flow map);

    522(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 58762-780.750(4)(d), 588F.A.C., shall be signed and sealed by an appropriate registered professional pursuant to rule 60262-780.400, 603F.A.C., and shall include a proposal to:

    6101. Perform a supplemental site assessment and submit a supplemental Site Assessment Report pursuant to Rule 62662-780.600, 627F.A.C.,

    6282. Continue the implementation of the approved Post Active Remediation Monitoring Plan, or

    6413. Propose a Natural Attenuation Monitoring plan pursuant to rule 65162-780.690, 652F.A.C., or

    6544. Implement additional active remediation pursuant to rule 66262-780.700, 663F.A.C.

    664(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 68962-780.680(1), 69062-780.680(2), 691or 69262-780.680(3), 693F.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 73762-780.680(1), 73862-780.680(2), 739or 74062-780.680(3), 741F.A.C., are met during only one sampling event.

    749(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.

    783(6) When post active remediation monitoring is considered complete pursuant to paragraph 79562-780.750(4)(f), 796F.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 84662-780.750(4)(d), 847F.A.C., to support the opinion that site cleanup objectives have been achieved.

    859(7) The Department shall:

    863(a) Provide the PRSR with a Site Rehabilitation Completion Order as referenced in subsection 87762-780.680(7), 878F.A.C., that approves the No Further Action Proposal, or

    887(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.

    944(8) If the Site Rehabilitation Completion Report is incomplete in any respect, or is insufficient to satisfy the objectives of subsection 96562-780.750(6), 966F.A.C., the Department shall inform the PRSR pursuant to paragraph 97662-780.750(7)(b), 977F.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.

    1045(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 117762-780.680(1), 1178F.A.C., are met.”

    1181(10) The Site Rehabilitation Completion Order shall constitute final agency action regarding cleanup activities at the site.

    1198Rulemaking Authority 1200376.303, 1201376.3071, 1202376.30701, 1203376.3078(4), 1204376.81, 1205403.061, 1206403.0877 FS. 1208Law Implemented 1210376.3071, 1211376.30701, 1212376.3078(4), 1213376.81, 1214403.0877 FS. 1216History–New 4-17-05, Amended 6-12-13, 2-2-17.
    1221Editorial Note: 1223Portions of this rule were copied from rule 123162-770.750; 123262-782.750; 1233and 123462-785.750, 1235F.A.C.

     

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