Fla. Admin. Code Ann. R. 62-761.420 - Financial Responsibility
(1) Financial
responsibility is the ability to pay for cleanup of a discharge and third-party
liability resulting from a discharge of petroleum or petroleum product at the
facility.
(2) Financial
responsibility shall be maintained and demonstrated to the county or Department
for all storage tank systems until the storage tank systems are properly closed
pursuant to subsections
62-761.800(2) and
(3), F.A.C., and the Closure Report or the
Limited Closure Report Form for USTs
62-761.900(8),
effective date, October 2019, hereby adopted and incorporated by reference, is
submitted to and approved by the county or the Department. To obtain copies of
Form 62-761.900(8),
see Rule 62-761.900, F.A.C., or
http://www.flrules.org/Gateway/reference.asp?No=Ref-10740,
or the Department's website at
https://floridadep.gov/waste/permitting-compliance-assistance/content/storage-tank-system-rules-forms-and-reference.
Pursuant to section 376.309(1),
F.S., the facility owner is required to establish and maintain evidence of
financial responsibility and is liable in event of noncompliance. If the
facility owner, facility operator, tank owner, and tank operator are separate
persons, then evidence of financial responsibility may be demonstrated if one
of those persons obtains financial responsibility on behalf of the facility
owner.
(3) The demonstration of
financial responsibility for storage tank systems shall be made in accordance
with reference guideline Technical Standards and Corrective Action
Requirements for Owners and Operators of Underground Storage Tanks (UST),
Financial Responsibility, 40 CFR Part 280, Subpart H, Financial
Responsibility, July 15, 2015, hereby adopted and incorporated by reference and
accessible here: Government Printing Office, Code of Federal Regulations, 732
North Capitol Street, N.W., Washington DC 20401-0001, or
https://www.flrules.org/Gateway/reference.asp?No=Ref-15341.
However, Department Form
62-761.900(3),
Financial Mechanisms for Storage Tanks, June 2023, shall be used in lieu of the
United States Environmental Protection Agency's financial wording. Form
62-761.900(3)
is hereby adopted and incorporated by reference, and available on the
Department's website at
https://floridadep.gov/waste/permitting-compliance-assistance/content/storage-tank-financial-responsibility
or http://www.flrules.org/Gateway/reference.asp?No=Ref-15410.
(4) The appropriate part(s) of Form
62-761.900(3)
shall be completed and maintained when demonstrating proof of financial
responsibility under this rule, and Form
62-761.900(3)
Part P will satisfy the Certification of Financial Responsibility requirements
of 40 CFR
280.111(b)(11). Facility
owners shall ensure that copies of the current financial responsibility
document(s) are available for inspection at the facility where the storage tank
system(s) is located or at their place of business. Records kept off-site shall
be made available for inspection by the Department or County within five
business days from the receipt of the Department's or county's request.
Facility owners are required to maintain evidence of financial responsibility
mechanisms in accordance with paragraph
62-761.710(3)(h),
F.A.C., and are encouraged to maintain all correspondence associated with
coverage and claims.
(5) Financial
requirements for the purpose of this rule, regardless of the date of
installation of storage tank systems, shall comply with this rule.
(6) Notwithstanding the facility owner's
financial responsibility status, those persons specified in Sections
376.308(1), and
403.141 and
403.161, F.S., shall be liable
for any discharge at the facility.
(7) Financial responsibility mechanisms may
not include choice of law and venue in favor of jurisdictions other than
Florida.
(8) Government-owned
facilities demonstrating proof of financial responsibility using a financial
test or government fund must prepare the relevant parts of Form
62-761.900 (3),
within 180 days after the close of each succeeding fiscal
year.
Notes
Rulemaking Authority 376.303 FS. Law Implemented 376.303, 376.308, 376.309, 403.091, 403.141, 403.161 FS.
Portions of this rule were copied from Rule 62-761.400, F.A.C., on 1-11-2017.
New 1-11-17, Amended 10-13-19, 6-25-23.
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