Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-780 - CONTAMINATED SITE CLEANUP CRITERIA › Section 62-780.220 - Notices

Current through Reg. 50, No. 138; July 16, 2024
(1) Notice of Field Activities. Within the
				time frames specified in Table A (located at the end of rule
				 62-780.900, F.A.C.) or the CAD,
				the PRSR, its agent, or authorized representative shall provide written notice
				to the Department prior to performing field activities such as interim source
				removal activities, installing monitoring or recovery well(s), performing
				sampling, installing remediation equipment, or installing an engineering
				control. Personnel from the Department shall be allowed the opportunity to
				observe these field activities and to take sub-samples. If the Department
				chooses to be present when field activities are being performed, the Department
				shall be responsible for confirming that the field activities are being
				performed in accordance with the schedule provided in the written
				notification.
(2) Initial Notice of
				Contamination Beyond Property Boundaries. Section
				 376.30702, F.S., provides
				specific notice requirements upon a PRSR's discovery from laboratory analytical
				results that comply with appropriate quality assurance protocols pursuant to
				chapter 62-160, F.A.C., that contamination exists in any medium beyond the
				boundaries of the property at which site rehabilitation was initiated pursuant
				to this chapter. Upon such discovery, the PRSR shall notify the FDEP as soon as
				possible, but not later than 10 days after discovery. The notice shall be
				provided on Form  62-780.900(1) 
				titled "Initial Notice of Contamination Beyond Property Boundaries" effective
				date 6-12-13, hereby adopted and incorporated by reference (
http://www.flrules.org/Gateway/reference.asp?No=Ref-01488
).
				Forms may be obtained from the Division of Waste Management website at
www.dep.state.fl.us/waste
. The
				PRSR shall simultaneously mail a copy of such notice to the appropriate FDEP
				district office, county health department, and all known lessees and tenants of
				the source property. Refer to section
				 376.30702(2),
				F.S., for additional details about this requirement and the information that
				must be included in the notice.
(3)
				Subsequent Notice of Contamination Beyond Source Property Boundaries for
				Establishment of a Temporary Point of Compliance (TPOC). Pursuant to section
				 376.30701(2)(b),
				F.S., prior to the Department authorizing a temporary extension of the point of
				compliance beyond the boundary of the source property (i.e., the location from
				which the contamination originates) in conjunction with Natural Attenuation
				Monitoring pursuant to rule
				 62-780.690, F.A.C., or Active
				Remediation pursuant to rule
				 62-780.700, F.A.C., the PRSR
				shall provide "actual notice" to local governments and the owners of any
				property into which the point of compliance is allowed to extend and
				"constructive notice" to residents and business tenants of the property into
				which the point of compliance is allowed to extend. Persons receiving such
				notice shall have the opportunity to comment within 30 days after receipt of
				the notice. For the purposes of this rule
				 62-780.220, F.A.C., "actual
				notice" and "constructive notice" shall mean as follows:
(a) Actual notice in written form mailed by
				"Certified Mail, Return Receipt Requested" or other form of delivery that
				provides confirmation of receipt to the appropriate County Health Department
				and all record owners of any real property into which the point of compliance
				is allowed to extend (mailed to the owner's address listed in the current
				county property tax office records). The notice shall include the following
				information:
1. The type of proposed agency
				action (i.e., temporary extension of the point of compliance),
2. A description of the location of the
				subject site and the name and address of the PRSR,
3. The location where complete copies of any
				relevant documents concerning the site and the proposed remedial strategy,
				including temporary extension of the point of compliance, are available for
				public inspection,
4. The name and
				address of a contact person at the Department who is the project manager for
				the site rehabilitation, to whom comments should be directed, and from whom
				copies of the Department's actions regarding the site may be requested; and,
5. A paragraph including the
				statement: "Persons receiving this notice shall have the opportunity to comment
				on the Department's proposed action within 30 days of receipt of the notice."
				For purposes of actual notice, the 30-day comment period shall commence on the
				delivery date stamped on the return receipt; and,