Fla. Admin. Code Ann. R. 62-761.430 - Incidents

(1) Incidents include:

(a) The following positive responses of release detection devices or methods described in Rule 62-761.600, F.A.C.:

1. Any visual observation of regulated substances in a piping or dispenser sump,

2. Any alarm that indicates that liquid, vacuum, or pressure monitoring levels are not being maintained, or that liquid has been detected by a sensor in a normally dry interstice or a dispenser, piping or containment sump,

3. Any visual observation that indicates that liquid monitoring levels are not being maintained,

4. Any complete loss of vacuum or a 50 percent change in pressure from one month to the next, or any change in pressure exceeding 50 percent of the initial level or of a pressure level that is reestablished at the time of an incident investigation or annual testing of the gauge,

5. Any visual inspection that indicates the presence of groundwater or surface water, other than condensate, or regulated substances in the interstice,

6. Any instance where a mechanical line leak detector is restricting flow,

7. Any instance where an electronic line leak detector has shut off power to the pump,

8. Any instance where a monitoring device has shut off the pump,

9. Liquid in excess of one inch in an out-of-service storage tank; and,

10. Any visual inspection of any part of a storage tank system, dispenser, pipe, valve, pump, or other wetted portion of the system containing regulated substances that reveals uncontrolled pitting corrosion, structural damage, leakage, or other similar programs.

(b) A failed integrity test for the following components:

1. Double-walled storage tanks,

2. Double-walled integral piping,

3. Piping sumps,

4. Dispenser sumps; and,

5. Spill containment systems.

(c) Other unusual operating conditions, such as the erratic behavior of product dispensing equipment, the sudden loss of product from a storage tank system, or any unexplained presence of groundwater or surface water in a tank or an interstitial space;

(d) The presence of odors of a regulated substance from surface water or groundwater, soil, basements, sewers and utility lines at a facility or in the surrounding area from which it could be reasonably concluded that a release or discharge may have occurred;

(e) The loss of a regulated substance from a storage tank system exceeding 100 gallons on impervious surfaces, other than secondary containment, such as driveways, airport runways, or other similar asphalt or concrete surfaces, provided that the loss does not come in contact with pervious surfaces; and,

(f) A failed Closure Integrity Evaluation.

(2) If an incident occurs at a facility, actions shall be taken within 24 hours of discovery to investigate the incident to determine if a discharge has occurred.

(3) Notification of the discovery of any incident shall be made to the county in writing or electronic format on an INF within 72 hours of the discovery or before the close of the county's next business day. However, an INF is not required to be submitted if, within 72 hours of discovery, the investigation of the incident confirms that a discharge did or did not occur.

(4) In cases where an INF is required to be submitted, the investigation shall be completed within 14 days of the date of discovery of the incident to determine if a discharge has occurred. Incident investigations that require additional time can be extended with the prior written approval of the Department or county.

(5) At the end of the 14 day time period to investigate the incident, or at the end of the alternate time period approved by the Department or county, either a DRF or a written confirmation and explanation that the incident was not a discharge, including documentation showing that contamination is the manifestation of a previously reported discharge, shall be submitted to the county in writing or electronic format.

(6) The removal of any release of regulated substance into secondary containment shall be initiated within three days of discovery, and completed within 30 days of discovery.

(7) If a discharge is discovered at any time during the incident investigation, the discharge shall be reported on a DRF within 24 hours of discovery, or before the close of the next business day, and a discharge response shall be initiated in accordance with subsection 62-761.440(6), F.A.C.

(8) All incidents, as identified in subsection 62-761.430(1), F.A.C., regardless of whether an INF is required to be submitted, shall be documented and records kept until storage tank system closure in accordance with rule 62-761.710, F.A.C. Test results or reports, which support the investigation findings, shall be maintained as records.

Notes

Fla. Admin. Code Ann. R. 62-761.430

Rulemaking Authority 376.303 FS. Law Implemented 376.303 FS.

Adopted by Florida Register Volume 42, Number 250, December 28, 2016 effective 1/11/2017, Amended by Florida Register Volume 45, Number 123, June 25, 2019 effective 7/9/2019.

Portions of this rule were copied from Rule 62-761.820, Formerly 17-761.820, F.A.C.

New 1-11-17, Amended 7-9-19.