Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-761 - UNDERGROUND STORAGE TANK SYSTEMS › Section 62-761.420 - Financial Responsibility

Current through Reg. 50, No. 138; July 16, 2024
(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.
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.