Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-780 - CONTAMINATED SITE CLEANUP CRITERIA › Section 62-780.680 - No Further Action and No Further Action with Controls

Current through Reg. 50, No. 138; July 16, 2024
(1) Risk Management Options Level I - A No
				Further Action without institutional controls or without institutional and
				engineering controls shall apply if the following conditions are met:
(a) Free product is not present and no fire
				or explosive hazard exists as a result of a release of non-aqueous phase
				liquids;
(b) Contaminated soil is
				not present in the unsaturated zone, as demonstrated by the analyses of soil
				samples collected from representative sampling locations (unless the Department
				has concurred that soil sampling is unnecessary based on the site-specific
				conditions), that show that one or more of the criteria for direct exposure and
				one or more of the criteria for leachability are met, as applicable:
1. Criteria for direct exposure are as
				follows:
a. Soil contaminant concentrations,
				or average soil contaminant concentrations calculated based on the 95% UCL
				approach pursuant to sub-subparagraph
				 62-780.680(1)(b) 
				1.d., F.A.C., do not exceed the less stringent of:
(I) The residential soil CTLs specified in
				chapter 62-777, F.A.C., Table II,
(II) The background concentrations,
				or
(III) The best achievable
				detection limits.
b. Soil
				contaminant concentrations, or average soil contaminant concentrations
				calculated based on the 95% UCL approach pursuant to sub-subparagraph
				 62-780.680(1)(b) 
				1.d., F.A.C., do not exceed the alternative residential soil CTLs established
				using site-specific soil properties pursuant to subparagraph
				 62-780.600(5)(c) 
				2., F.A.C., and the equations and default residential exposure assumptions
				specified in chapter 62-777, F.A.C., Figures 4, 5, 6, and 7 and Table
				VI,
c. Soil concentrations of the
				site-specific fractions of TRPHs established pursuant to subparagraph
				 62-780.600(5)(c) 
				3., F.A.C., or average soil concentrations of the site-specific fractions of
				TRPHs calculated based on the 95% UCL approach pursuant to sub-subparagraph
				 62-780.680(1)(b) 
				1.d., F.A.C., utilizing the soil concentrations of the site-specific fractions
				of TRPHs established pursuant to subparagraph
				 62-780.600(5)(c) 
				3., F.A.C., do not exceed the residential soil CTLs for the TRPH fractions
				provided in Appendix C of the technical report referenced in subsection
				 62-780.100(2),
				F.A.C.; and,
d. If the 95% UCL
				approach is utilized to calculate average soil contaminant concentrations
				pursuant to sub-subparagraph
				 62-780.680(1)(b) 
				1.a.,  62-780.680(1)(b) 
				1.b., or  62-780.680(1)(b) 
				1.c., F.A.C. [refer to the technical report referenced in subsection
				 62-780.100(2),
				F.A.C., for guidance], the following criteria shall be met:
(I) An approved statistical method pursuant
				to subsection  62-780.610(2),
				F.A.C., shall be used to perform the 95% UCL calculations,
(II) The exposure unit shall not exceed 1/4
				acre unless it is demonstrated using statistically appropriate techniques,
				which shall include an appropriate number of samples which are representative
				of the exposure unit, that the contaminants are uniformly distributed such that
				a 95% UCL based on an alternative exposure unit size(s) will be sufficiently
				protective of human health, public safety and the environment. The exposure
				unit(s) shall be located within the source property boundaries,
(III) A minimum of 10 representative soil
				samples is required when discrete sample data are used and three representative
				soil samples when ISM sample data are used; and,
(IV) The average soil concentration shall not
				be compared with any CTL based upon acute toxicity. For acute toxicity CTLs
				comparisons must be made with discrete sampling
				data.
2.
				Criteria for leachability are as follows:
a.
				Soil contaminant concentrations measured with discrete samples, or average soil
				contaminant concentrations based upon the 95% UCL approach from discrete or ISM
				sampling data do not exceed the less stringent of:
(I) The groundwater and, if applicable,
				surface water leachability-based soil CTLs specified in chapter 62-777, F.A.C.,
				Table II,
(II) The background
				concentrations, or
(III) The best
				achievable detection limits.
b. Soil contaminant concentrations measured
				with discrete samples, or average soil contaminant concentrations based upon
				the 95% UCL approach from discrete or ISM sampling data do not exceed the
				alternative leachability-based soil CTLs established using the equation and
				default assumptions specified in chapter 62-777, F.A.C., Figure 8, the
				alternative groundwater CTLs based on the site-specific background
				concentrations [refer to sub-subparagraph
				 62-780.680(1)(c) 
				1.b., F.A.C.], and, if applicable, the alternative surface water CTLs based on
				the site-specific background concentrations [refer to subparagraph
				 62-780.680(1)(d) 
				2., F.A.C.],
c. Direct
				leachability testing results pursuant to subparagraph
				 62-780.600(5)(c) 
				4., F.A.C., demonstrate that leachate concentrations do not exceed the
				appropriate groundwater CTLs pursuant to paragraph
				 62-780.680(1)(c),
				F.A.C., and, if applicable, the appropriate surface water CTLs pursuant to
				paragraph  62-780.680(1)(d),
				F.A.C.,
d. Soil contaminant
				concentrations do not exceed the alternative leachability-based soil CTLs
				established using site-specific soil properties pursuant to subparagraph
				 62-780.600(5)(c) 
				2., F.A.C., the equation and appropriate default assumptions specified in
				chapter 62-777, F.A.C., Figure 8, and the appropriate groundwater CTLs pursuant
				to paragraph  62-780.680(1)(c),
				F.A.C.; and, if applicable, the appropriate surface water CTLs pursuant to
				paragraph  62-780.680(1)(d),
				F.A.C.,
e. Soil concentrations of
				the site-specific fractions of TRPHs established pursuant to subparagraph
				 62-780.600(5)(c) 
				3., F.A.C., do not exceed the leachability-based soil CTLs for the TRPH
				fractions provided in Appendix C of the technical report referenced in
				subsection  62-780.100(2),
				F.A.C.,
f. For soil that is and has
				been exposed to the elements (i.e., open ground, not covered by impermeable or
				semi-permeable cover) and subject to infiltration throughout the entire
				unsaturated zone for a minimum of two years, it has been subsequently
				demonstrated to the Department by a minimum of one year of groundwater
				monitoring data that contaminants will not leach into the groundwater at
				concentrations that exceed the appropriate groundwater CTLs pursuant to
				paragraph  62-780.680(1)(c),
				F.A.C., and, if applicable, the appropriate surface water CTLs pursuant to
				paragraph  62-780.680(1)(d),
				F.A.C. This demonstration shall consider site-specific characteristics such as
				the thickness of the unsaturated zone, depth and mass of soil contaminants,
				soil lithology, actual precipitation, concentration gradients, and the chemical
				and physical characteristics of the contaminants,
				or
(c)
				Contaminated groundwater is not present, as demonstrated by the analyses of
				groundwater samples collected from representative sampling locations (unless
				the Department has concurred that groundwater sampling is unnecessary based on
				the site-specific conditions), that show that criteria 1. and 2. are met:
1. Groundwater contaminant concentrations do
				not exceed the less stringent of:
a. The
				groundwater CTLs specified in chapter 62-777, F.A.C., Table I groundwater
				criteria column, except that for contaminated sites undergoing site
				rehabilitation pursuant to sections
				 376.30701 and
				 376.81, F.S., and petroleum
				contamination sites being addressed pursuant to section
				 376.3071, F.S., that are not
				eligible for state-funded site rehabilitation, if the PRSR elects, groundwater
				contaminant concentrations may exceed the groundwater CTLs derived from
				nuisance, organoleptic, or aesthetic considerations if the following additional
				criteria are met:
(I) Concentrations of
				contaminants meet all applicable health-based groundwater CTLs provided in
				chapter 62-777, F.A.C., Table I groundwater criteria column, and chapter
				62-780, F.A.C., Table F, located at the end of rule
				 62-780.900, F.A.C., and if
				applicable, surface water CTLs pursuant to paragraph
				 62-780.680(1)(d),
				F.A.C.,
(II) The PRSR has
				demonstrated by a minimum of one year of groundwater monitoring data that
				groundwater concentrations at the property boundary do not, and will not,
				exceed the groundwater CTLs pursuant to subparagraph
				 62-780.680(1)(c) 
				1. or 2., F.A.C., and, if applicable, the surface water CTLs pursuant to
				paragraph  62-780.680(1)(d),
				F.A.C.,
(III) The property has
				access to and is connected to an off-site water supply for domestic purposes
				and private wells are not used for domestic purposes. For purposes of this
				rule, "domestic purposes" means that the water is used for human consumption
				such as bathing, cooking, or drinking, and is provided through pipes or other
				constructed conveyances; and,
(IV)
				For contaminated sites undergoing site rehabilitation pursuant to section
				 376.81, F.S., the real property
				owner provides written acceptance of the No Further Action Proposal to the
				Department. For all other sites being closed under this provision, the real
				property owner does not object to the No Further Action Proposal to the
				Department.
b. The
				background concentrations, or
c.
				The best achievable detection limits; and,
2. Groundwater contaminant concentrations do
				not exceed the surface water CTLs specified in chapter 62-777, F.A.C., Table I
				freshwater surface water criteria column or marine surface water criteria
				column, as applicable, if the site's groundwater contaminant concentrations are
				affecting or may potentially affect a surface water body based on monitoring
				well data, groundwater flow rate and direction, or fate and transport modeling.
				The point of measuring compliance with the surface water standards shall be in
				the groundwater from the landward side immediately adjacent to the surface
				water body. However, for cleanups being conducted pursuant to section
				 376.30701(2),
				F.S., (including petroleum contamination sites being addressed pursuant to
				section  376.3071, F.S., that are not
				eligible for state-funded site rehabilitation, if the PRSR elects) or section
				 376.81(1),
				F.S., such measurement is not necessary if it has been demonstrated, based
				onsite assessment data provided in accordance with rule
				 62-780.600, F.A.C., that the
				contaminants do not cause or contribute to the exceedance of applicable surface
				water quality criteria.
(d) Contaminated surface water is not
				present, as demonstrated by the analyses of surface water samples collected
				from representative sampling locations (unless the Department has concurred
				that surface water sampling is unnecessary based on the site-specific
				conditions), that show that contaminant concentrations do not exceed the less
				stringent of:
1. The applicable surface water
				CTLs specified in chapter 62-777, F.A.C., Table I freshwater surface water
				criteria column or marine surface water criteria column,
2. The background concentrations,
				or
3. The best achievable detection
				limits; and,
(e)
				Contaminated sediment is not present, as demonstrated by the analyses of
				sediment samples collected from representative sampling locations (unless the
				Department has concurred that sediment sampling is unnecessary based on the
				site-specific conditions), or the concentrations of contaminants in sediment do
				not exceed the background concentrations.