Fla. Admin. Code Ann. R. 62-780.525 - Interim Source Removal
(1) Any PRSR may
conduct an interim source removal in accordance with this section. The
objectives of the interim source removal are to remove specific known
contaminant source(s) and provide temporary control to prevent or minimize
contaminant migration, and to protect human health and the environment prior to
the approval of a Remedial Action Plan prepared and submitted pursuant to rule
62-780.700, F.A.C., or in the
cleanup of de minimis discharges pursuant to rules
62-780.550 and 63.780.560,
F.A.C.
(2) Free Product Removal and
Disposal.
(a) The PRSR may, if necessary to
alleviate a threat to human health, public safety, or the environment, perform
free product recovery consistent with the following requirements:
1. The PRSR shall provide to the Department a
written notification in accordance with the time schedule in Table A, located
at the end of rule 62-780.900, F.A.C., (Notices for
Field Activities) or the CAD that includes a description of the type and
estimated volume of free product to be removed, and proposed free product
recovery and disposal methods to be utilized,
2. The free product recovery shall not spread
contamination into previously uncontaminated or less contaminated areas through
untreated discharges, improper treatment, improper disposal, or improper
storage,
3. Flammable products
shall be handled in a safe manner; and,
4. The recovered product shall be
characterized and properly disposed or recycled; and all sampling and analyses
shall be performed pursuant to rule
62-780.300,
F.A.C.
(b) The following
passive and active methods of free product recovery may be implemented without
requesting approval from the Department:
1.
Excavation,
2. Absorbent pads,
3. Skimmer pumps that include
pumps with mechanical, electrical, or hand-bailed purging operations,
4. Hand or mechanical bailing;
and,
5. Fluid vacuum techniques
(for example, vacuum pump trucks) or total fluid displacement pumps, as long as
the technique used shall not smear or spread free product, or contaminate
previously uncontaminated or less contaminated media. If this method is used
for petroleum or petroleum product contamination sites (except sites subject to
a BSRA), the volume of groundwater recovered shall not be greater than two
times the volume of free product recovered, except that the first 1, 000
gallons of the total fluid recovered per discharge are exempt from meeting the
required ratio of groundwater to free product.
(c) In addition to the free product recovery
methods specified in paragraph
62-780.525(2)(b),
F.A.C., the PRSR may evaluate, propose, and submit other product recovery
methods to the Department for approval prior to implementation. The submittal,
as an Interim Source Removal Proposal, shall include the results of the
evaluation performed to determine the potential for product smearing or
spreading and the potential for air emissions. The free product recovery
methods proposed may include:
1. Dewatering
or groundwater extractions that may influence the depth to the water
table,
2. Air/fluid extraction with
air emissions treatment,
3.
Excavation of soil saturated with non-aqueous phase liquid into, or below, the
water table,
4. Recovery of
petroleum or petroleum products that exceeds the water-to-product ratio
indicated in subparagraph
62-780.525(2)(b)
5., F.A.C., or
5. Onsite treatment
and discharge of contaminated water that results from dewatering to excavate
free product from below the water table, or on-site treatment and discharge of
contaminated water that is separated from recovered free
product.
(d) The
Department shall:
1. Provide the PRSR with
written approval of the Interim Source Removal Proposal, or
2. Notify the PRSR in writing, stating the
reason(s) why the Interim Source Removal Proposal does not contain information
adequate to support a free product recovery method pursuant to paragraph
62-780.525(2)(c),
F.A.C.
(e) Free product
recovery as an Interim Source Removal task shall be deemed complete when the
objectives of subsection
62-780.525(1),
F.A.C., have been met.
(f) Within
the time frames specified in Table A or the CAD, written notification of
initiation of free product recovery shall be provided by the PRSR to the
Department.
(g) Within the time
frames and frequencies specified in Table A or the CAD, the PRSR shall submit
to the Department for review an electronic or paper copy of an Interim Source
Removal Status Report documenting the recovery progress and summarizing all
recovery activities for a specified period.
(3) Short-term Groundwater Recovery.
(a) The PRSR may perform a short-term
groundwater recovery event as an interim source removal activity. Groundwater
recovery from well(s) within the plume with screened intervals that intercept
the water table, with the intent of achieving cleanup progress, may be
performed prior to Department approval of a Remedial Action Plan submitted
pursuant to rule 62-780.700, F.A.C., provided the
following criteria are met:
1. Prior to
initiation, the PRSR shall provide to the Department a written notification in
accordance with the time frames in Table A (Notices for Field Activities) or
the CAD that includes a description of the type of contamination, estimated
volume of groundwater to be removed, and proposed disposal methods to be
utilized,
2. The groundwater
contamination has been established to be less than one-fourth (1/4) acre and
confined to shallow aquifer well(s) with screened intervals that intercept the
water table, such that the pumping of a shallow aquifer well(s) within the
plume may result in the site meeting the No Further Action criteria of Rule
62-780.680, F.A.C., or the
Natural Attenuation with Monitoring criteria of rule
62-780.690, F.A.C.,
3. Free product is not present,
4. The duration of the groundwater recovery
does not exceed 30 days, unless the PRSR demonstrates to the Department that
extended groundwater recovery will not result in the spread of
contamination,
5. The recovered
groundwater is not treated on-site, unless otherwise approved by the Department
in accordance with subsection
62-780.525(4),
F.A.C., and is properly disposed at a permitted industrial water treatment
facility, at a publicly owned treatment works with the approval of the sanitary
sewer authority, or at a permitted Hazardous Waste Treatment, Storage, or
Disposal facility if the recovered groundwater is a hazardous waste;
and,
6. Sampling of representative
monitoring wells to determine the effectiveness of the Short-term Groundwater
Recovery event shall be performed no sooner than 30 days after completion of
the groundwater recovery.
(b) Within the time frames and frequencies
specified in Table A or the CAD, the PRSR shall submit to the Department for
review an electronic or paper copy of an Interim Source Removal Status Report
that documents the recovery progress and summarizes all recovery activities for
a specified period.
(4)
Interim Groundwater Remediation.
(a) Prior to
approval of a Remedial Action Plan prepared and submitted pursuant to rule
62-780.700, F.A.C., when any of
the criteria of subparagraphs
62-780.525(3)(a)
2. through 4., F.A.C., are not met, the PRSR may perform groundwater recovery
and onsite treatment and disposal or any other means of interim in situ
groundwater remediation, provided the PRSR submits an Interim Source Removal
Proposal that includes the same level of engineering detail as a Remedial
Action Plan pursuant to rule
62-780.700, F.A.C. Applicable
sections shall be signed and sealed pursuant to rule
62-780.400, F.A.C.
(b) The Department shall:
1. Provide the PRSR with written approval of
the proposal, or
2. Notify the PRSR
in writing, stating the reason(s) why the proposal does not contain information
adequate to perform groundwater recovery pursuant to paragraph
62-780.525(4)(a),
F.A.C.
(c) Within the
time frames and frequencies specified in Table A or the CAD, the PRSR shall
submit to the Department for review an electronic or paper copy of an Interim
Source Removal Status Report documenting the recovery progress and summarizing
all recovery activities for a specified period.
(5) Soil and Sediment Removal, Treatment, and
Disposal.
(a) The PRSR may excavate
contaminated soil or contaminated sediment for proper treatment or proper
disposal as an interim source removal activity provided the following criteria
are met:
1. Prior to initiation, the PRSR
shall provide to the Department a written notification in accordance with the
time frames in Table A or the CAD, that includes a description of the type of
contamination, estimated volume of soil or sediment to be removed, and proposed
disposal methods to be utilized,
2.
Contamination shall not be spread into previously uncontaminated areas or less
contaminated areas through untreated discharges, improper treatment, improper
disposal, or improper storage,
3.
Flammable products shall be handled in a safe manner,
4. When a soil vacuum extraction system is
necessary to abate an imminent threat to human life, health, or safety within a
structure or utility conduit, then the vacuum extraction system shall be
designed and operated only to abate the imminent threat. The Department shall
be notified, within 24 hours, of the imminent threat and the intent to use a
soil vacuum extraction system. The air emissions monitoring and frequency of
monitoring shall be performed pursuant to paragraphs
62-780.700(4)(a) and
(11)(i), F.A.C.,
5. If one of the objectives of the interim
source removal is to excavate all the contaminated soil or sediment,
confirmatory soil or sediment samples shall be collected, unless the excavation
of the source occurs above the groundwater table to a depth of 1 foot below and
1 foot laterally of visually stained soil or sediment, if present. When visual
staining is not present, soil screening methods may be used for confirming that
excavation is complete above the groundwater table provided the soil screening
method is applicable to the pollutant or hazardous substance that has been
discharged provided that the field method has been verified and validated
against standard laboratory methods, that the detection limit of soil screening
instrumentation is appropriate based on the cleanup target levels for the
pollutant of hazardous substance and that the applicable quality
control/quality assurance protocols are followed (note that proper quality
assurance may include correlation with laboratory analytical results). When
soil screening methods are not used, soil samples shall be collected at the
bottom of the excavation (unless the bottom is below the water table) and walls
or perimeter of the excavation. Sediment samples shall be collected at the
bottom and perimeter of the excavation, if applicable,
6. A determination shall be made as to
whether or not the contaminated soil or sediment contains hazardous waste. If
the soil or sediment is known to be contaminated by hazardous waste, listed in
40 C.F.R. Part 261 Subpart D (7-1-12 Edition), hereby adopted and incorporated
by reference (http://www.flrules.org/Gateway/reference.asp?No=Ref-07848),
testing is not required to make the determination. If the soil or sediment is
not known to be contaminated with listed hazardous waste, but is contaminated
with any of the toxic constituents identified in
40 C.F.R.
261.24 (7-1-12 Edition), hereby adopted and
incorporated by reference (http://www.flrules.org/Gateway/reference.asp?No=Ref-07848),
(and the contamination does not result solely from manufactured gas plant
waste), then USEPA Test Method 1311, Toxicity Characteristic Leaching Procedure
(TCLP) and subsequent analysis of the leachate, shall be performed on a number
of samples sufficient to determine whether or not the contaminated soil or
sediment exceeds maximum concentrations for the toxicity characteristics.
Pursuant to 40 C.F.R.
261.4(b)(10), Subpart A
(7-1-12 Edition), hereby adopted and incorporated by reference (http://www.flrules.org/Gateway/reference.asp?No=Ref-07849),
petroleum contaminated media and debris, associated with an underground storage
tank system, that fail the test for the Toxicity Characteristic of
40 C.F.R.
261.24, Subpart C (Hazardous Waste Codes D018
through D043 only) are solid waste, not hazardous waste. Contaminated soil
associated with an underground storage tank system, which will be managed as
solid waste, is not subject to the requirement that TCLP extraction and
subsequent analysis of the leachate be performed; and,
7. When excavated contaminated soil or
sediment is temporarily stored or stockpiled onsite, the soil or sediment shall
be placed on an impermeable surface to prevent leachate infiltration and
secured in a manner that prevents human exposure to contaminated soil or
sediment and prevents soil or sediment exposure to precipitation that may cause
surface runoff. Any excavation shall be secured to prevent entry by the public.
Excavated contaminated soil [including excessively contaminated soil as defined
in subsection 62-780.200(15),
F.A.C.] may be returned to the original excavation when petroleum storage tank
systems have been removed or replaced, and when contaminated soil is
encountered during construction activities at a petroleum storage or dispensing
facility, to be addressed later pursuant to rule
62-780.700, F.A.C. The temporary
storage or stockpiling of excavated contaminated soil or sediment shall not
exceed 60 days, unless it is stockpiled on a right-of-way, in which case it
shall be removed for proper treatment or proper disposal as soon as practical
but no later than 30 days after excavation, or unless the excavated
contaminated soil or sediment contains hazardous waste and a different time
frame is authorized pursuant to chapter 62-730, F.A.C. Excavated petroleum
contaminated soil [including excessively contaminated soil as defined in
subsection 62-780.200(15),
F.A.C.] may be containerized in water tight containers and stored on-site for
90 days, after which time proper treatment or proper disposal of the
contaminated soil shall occur, or it may be land farmed pursuant to paragraph
62-780.525(5)(b),
F.A.C. The PRSR is advised that other federal or local laws and regulations may
apply to these activities.
(b) Land farming of soil contaminated by
petroleum products is allowed, provided the land farming operation is located
on the same property as the source of contaminated soil unless it is land
farmed at a permitted stationary facility. The following criteria shall be met
for contaminated soil land farmed on the source property:
1. The land farm operation shall be at least
200 feet from any residence, school, or park,
2. An area large enough to spread the soil to
a thickness of 6 to 12 inches shall be available,
3. The land farming area shall be secured in
a manner that prevents entry by the public and prevents human exposure to
contaminated soil,
4. The materials
used to construct the land farm treatment area shall withstand the rigors of
the land farming and weather,
5.
The land farmed soil shall be placed over an impermeable liner or surface, and
surrounded at all times by an impermeable liner supported by berms,
6. The land farmed soil shall be tilled at
least biweekly,
7. The land farmed
soil shall be covered when not being tilled to prevent water from entering or
leaving the area,
8. A monitoring
and sampling program shall be established to evaluate the effectiveness of the
land farming operation and the effect on the environment, including monitoring
of groundwater to confirm leaching is not occurring and of off-gas emissions
for air regulatory compliance. Before the land farming operation commences, the
PRSR shall submit to the Department for review the monitoring and sampling
program, design specifications of the treatment area, and types and amounts of
any proposed additives to the soil, to demonstrate that the objectives of this
subparagraph will be met. Prior approval is not required for quantities less
than 20 cubic yards, but the design specifications and results of the
monitoring and sampling program shall be submitted in the Interim Source
Removal Report,
9. Land farming of
soil is limited to 180 days, at the end of which time proper disposal is
required except if written approval pursuant to the provisions of subsection
62-780.790(3),
F.A.C., to exceed this time frame is obtained from the Department;
and,
10. Land farmed soil that does
not exceed the lower of the direct exposure residential CTLs and leachability
based on groundwater criteria CTLs specified in chapter 62-777, F.A.C., Table
II may be disposed on-site or off-site. The PRSR is advised that other federal
or local laws and regulations may apply to these activities. Land farmed soil
that exceeds the applicable CTLs specified in chapter 62-777, F.A.C., Table II
shall not be disposed or returned to the original excavation without obtaining
approval from the Department pursuant to paragraph
62-780.525(5)(a),
or rule 62-780.650,
62-780.680,
62-780.690 or
62-780.700, F.A.C., as
applicable.
(c) Interim
Soil Vapor Extraction or related short term extraction technologies may be
performed by the PRSR as an interim source removal activity prior to approval
of a Remedial Action Plan prepared and submitted pursuant to rule
62-780.700, F.A.C., provided the
PRSR submits an Interim Source Removal Proposal that includes the same level of
engineering detail as a Remedial Action Plan pursuant to rule
62-780.700, F.A.C. and that air
emissions monitoring shall be performed pursuant to paragraphs
62-780.700(4)(a) and
(11)(i), F.A.C. Applicable sections shall be
signed and sealed pursuant to rule
62-780.400, F.A.C.
(d) Consistent with the goals set forth in
section 403.061(33),
F.S., the Department encourages treatment over disposal options to address
contaminated soil.
(e) Soil or
sediment treatment, storage, or disposal techniques not authorized by
applicable rules of the Department require approval in an Interim Source
Removal Proposal submitted pursuant to paragraph
62-780.525(5)(f),
F.A.C., or in a Remedial Action Plan submitted pursuant to rule
62-780.700, F.A.C.
(f) The Interim Source Removal Proposal shall
include the information outlined in subsections
62-780.700(3) and
(4), F.A.C., as applicable.
(g) The Department shall:
1. Provide the PRSR with written approval of
the Interim Source Removal Proposal submitted pursuant to paragraph
62-780.525(5)(e),
F.A.C., or
2. Notify the PRSR in
writing, stating the reason(s) why the Interim Source Removal Proposal does not
contain information adequate to support the selection of an alternative soil or
sediment treatment or disposal technique.
(6) Authorization or receipt of approval
pursuant to rule 62-780.525, F.A.C., does not
relieve the PRSR from the obligation to comply with other Department rules (for
example, chapters 62-701 and 62-730, F.A.C.) for product recovery, product
disposal, groundwater recovery, or the handling, storage, disposal, or
treatment of contaminated media. The PRSR is advised that other federal or
local laws and regulations may apply to these activities.
(7) Interim Source Removal Report.
(a) Within the time frames specified in Table
A or the CAD, the PRSR shall submit an electronic or paper copy of an Interim
Source Removal Report to the Department for review. If analytical results
obtained pursuant to subparagraphs
62-780.525(3)(a)
6., 62-780.525(5)(a)
5., and 62-780.600(5)(m)
3., F.A.C., as applicable, after completion of the interim source removal,
demonstrate that the No Further Action criteria of subsection
62-780.680 (1),
F.A.C., are met, a Site Assessment Report pursuant to subsection
62-780.600(7),
F.A.C., may be submitted in lieu of an Interim Source Removal Report. The
Interim Source Removal Report shall contain the following information in
detail, as applicable:
1. The type and an
estimated volume of non-aqueous phase liquids that were discharged to the
environment, if known,
2. The
volume of non-aqueous phase liquids and the volume of groundwater
recovered,
3. The volume of
contaminated soil or sediment excavated and treated or properly disposed,
4. The disposal or recycling
methods for non-aqueous phase liquids and contaminated soil or sediment,
5. The disposal methods for other
contaminated media and any investigation-derived waste,
6. A scaled site map (including a graphical
representation of the scale used) that shows the location(s) of all known
onsite structures (including any buildings, underground storage tanks, storm
drain systems, and septic tanks), locations where free product was recovered
and the area of soil removal or treatment, and the approximate locations where
all samples were collected,
7. A
table that summarizes free product thickness in each monitoring well or
piezometer, the total depth and screened interval of each monitoring well or
piezometer, and the dates the measurements were made,
8. The type of field screening instrument,
analytical methods, or other methods used,
9. The dimensions of the excavation(s) and
location(s), integrity, capacities and last known contents of storage tanks,
integral piping, dispensers, or appurtenances removed,
10. A table that indicates the
identification, depth, and field soil screening results of each sample
collected,
11. Separate tables by
media that summarize all available soil, sediment, groundwater, and surface
water analytical results, detection limits achieved for non-detected analytes,
and analyses performed (listing all contaminants analyzed and their
corresponding CTLs),
12. Depth to
groundwater at the time of each excavation, measurement locations, and method
used to obtain that information,
13. A scaled site map (including a graphical
representation of the scale used) that shows the locations and results of
confirmatory soil or sediment samples in relation to the area of the soil or
sediment removal,
14. Documentation
or certification that confirms the proper treatment or proper disposal of the
non-aqueous phase liquids, contaminated groundwater, contaminated soil, or
contaminated sediment, including disposal manifests for non-aqueous phase
liquids or hazardous waste, and a copy of the documentation or certification of
treatment or acceptance of the contaminated soil or contaminated sediment;
and,
15. For land farmed soil, a
copy of the pre-treatment and post-treatment analytical
results.
(b) The
Department shall:
1. Provide the PRSR with
written approval of the Interim Source Removal Report submitted pursuant to the
criteria of paragraph
62-780.525 (7)(a),
F.A.C., or
2. Notify the PRSR in
writing, stating the reason(s) why the Interim Source Removal Report does not
conform with the applicable Interim Source Removal criteria of paragraph
62-780.525(7)(a),
F.A.C.
(8) If
the Interim Source Removal Report is incomplete in any respect, or is
insufficient to satisfy the criteria of paragraph
62-780.525(7)(a),
F.A.C., the Department shall inform the PRSR pursuant to subparagraph
62-780.525(7)(b)
2., F.A.C., and the PRSR shall submit to the Department for review an
electronic or paper copy of an Interim Source Removal Report Addendum that
addresses the deficiencies within 60 days after receipt of the
notice.
(9) If the interim source
removal is performed after submittal of the Site Assessment Report, the PRSR
shall submit to the Department for review an electronic or paper copy of a Site
Assessment Report Addendum that updates the Site Assessment Report by
summarizing the interim source removal activities and all sampling results
obtained after submittal of the Site Assessment Report, and that includes a
recommendation pursuant to paragraph
62-780.600(8)(b),
F.A.C.
Notes
Rulemaking Authority 376.303, 376.3071, 376.30701, 376.3078(4), 376.3078(9), 376.81 FS. Law Implemented 376.3071, 376.30701, 376.3078(4), 376.3078(9), 376.81 FS.
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