Fla. Admin. Code Ann. R. 62-761.440 - Discharges
(1) Discharges include:
(a) Laboratory analytical results of surface
water or groundwater samples indicating the presence of contamination by
regulated substance contaminants of concern listed in Table B in chapter
62-780, F.A.C., that exceed the groundwater or surface water Cleanup Target
Levels in chapter 62-777, F.A.C.;
(b) Laboratory analytical results of soil
samples indicating the presence of contamination by regulated substance
contaminants of concern listed in Table B in chapter 62-780, F.A.C., that
exceed the lower of direct exposure residential or leachability based on
groundwater criteria cleanup target levels in chapter 62-777, F.A.C.;
(c) The presence of free product, a visible
sheen, sludge, or emulsion of a regulated substance, or a regulated substance
that is visibly observed in soil, on or in surface water, in groundwater
samples, on basement floors, in open drainage ditches, in open excavations or
trenches, in subsurface utility conduits or vaults, or in sewer lines at the
facility; and,
(d) A spill or
overfill of a regulated substance to a pervious surface, except as provided in
subsection 62-761.440(5),
F.A.C.
(2) Upon discovery
of a discharge, the owner or operator shall report the discharge to the county
on a DRF within 24 hours or before the close of the county's next business day.
If, however, this discovery is thought to be a previously reported discharge,
the owner or operator will have 30 days to investigate and submit supporting
documentation or a DRF.
(3) Copies
of laboratory analytical results that confirm a discharge shall be submitted to
the county within 24 hours of receipt of the results or before the close of the
next business day in writing or electronic format.
(4) A request for a retraction of a submitted
DRF shall be submitted to the county or the Department in writing or electronic
format if evidence is presented that a discharge did not occur at the
facility.
(5) A DRF does not need
to be submitted:
(a) For a discharge that was
previously reported to the appropriate county or the Department on a
DRF;
(b) For petroleum or petroleum
product de minimis discharges in accordance with subsection
62-780.560(1),
F.A.C., or
(c) For non-petroleum de
minimis discharges in accordance with rule
62-780.550,
F.A.C.
(6) Discharge
response. When evidence of a discharge from a storage tank system is
discovered, the following actions shall be taken:
(a) Fire, explosion, and vapor hazards shall
be identified and mitigated;
(b)
Actions shall be taken immediately to contain, remove, and abate the discharge
under all applicable Department rules (e.g., chapter 62-780, F.A.C.,
Contaminated Site Cleanup Criteria). Owners and operators are advised that
other federal, state, or local requirements apply to these activities. If the
contamination present is subject to the provisions of chapter 62-780, F.A.C.,
corrective action, including free product recovery, shall be performed in
accordance with chapter 62-780, F.A.C.;
(c) Each component of the storage tank system
shall be integrity tested within three days of discovery of the discharge if
the source or cause of the discharge is unknown unless the storage tank system
has been properly placed out-of-service in accordance with subsection
62-761.800(1),
F.A.C.;
(d) The storage tank system
component that is discharging shall be isolated from the system within three
days of discovery of the discharge. If the component cannot be isolated from
the system, within three days of determining that the component is discharging,
the storage tank system shall not operate, dispense, nor accept deliveries, or
shall be placed out-of-service in accordance with rule
62-761.800, F.A.C., until the
component can be repaired or replaced;
(e) If the storage tank system component that
was found to be discharging will be repaired, it shall be repaired in
accordance with rule 62-761.700, F.A.C.;
(f) If the storage tank system component that
was found to be discharging will be replaced, it shall meet the storage tank
system requirements in accordance with rule
62-761.500, F.A.C.;
and,
(g) If the storage tank system
component that was found to be discharging will not be repaired or replaced,
the component shall remain isolated from the storage tank system. In cases
where the component cannot be isolated from the storage tank system, the system
shall remain out-of-service or shall be closed in accordance with rule
62-761.800,
F.A.C.
Notes
Rulemaking Authority 376.303 FS. Law Implemented 376.303 FS.
Portions of this rule were copied from Rule 62-761.820, Formerly 17-761.820, F.A.C.
New 1-11-17.
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