Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-761 - UNDERGROUND STORAGE TANK SYSTEMS › Section 62-761.850 - Alternative Procedures, Equipment Registration and Registration of Operator Training Providers

Current through Reg. 50, No. 138; July 16, 2024
(1) Alternative
				procedure requirements.
(a) Any person subject
				to the provisions of this chapter may request in writing a determination by the
				Secretary or the Secretary's designee that any requirement of this chapter
				shall not apply to a regulated storage tank system at a facility, and shall
				request approval of alternative procedures or requirements on Form
				 62-761.900(4),
				Alternative Procedure Form, effective date, January 2017, hereby adopted and
				incorporated by reference. To obtain copies of this form see rule
				 62-761.900, F.A.C., or
http://www.flrules.org/Gateway/reference.asp?No=Ref-07655
,
				or the Department's website at
https://floridadep.gov/waste/permitting-compliance-assistance/content/storage-tank-system-rules-forms-and-reference
.
(b) The request shall set forth at a minimum
				the following information:
1. The specific
				storage tank system or facility for which an exception is sought,
2. The specific provisions of this chapter
				from which an exception is sought,
3. The basis for the exception,
4. The alternative procedure or requirement
				for which approval is sought,
5.
				Documentation that demonstrates that the alternative procedure or requirement
				provides an equivalent or greater degree of protection for the lands, surface
				waters or groundwaters of the state as the specific provisions of this chapter
				from which an alternative procedure is sought; and,
6. Documentation that demonstrates that the
				alternative procedure or requirement is at least as effective as the
				established procedure or requirement.
7. If an alternative procedure or requirement
				is not able to be sought under subparagraph 5. or 6., then documentation that
				demonstrates that the specific provisions of this chapter from which the
				exception is sought imposes regulatory costs on the regulated entity that could
				be reduced through approval of a less costly regulatory alternative or
				requirement that provides a substantially equivalent degree of protection for
				the lands, surface waters, or groundwaters of the State as the established
				requirement.
(c) The
				Department shall issue an Order within 60 days of the receipt of a completed
				Alternative Procedure Form either:
1.
				Approving the request with any conditions necessary to meet the requirements of
				paragraph  62-761.850(1)(b),
				F.A.C., or
2. Denying the request
				and stating the reason(s) the request does not make an adequate demonstration
				that the requirements of paragraph
				 62-761.850(1)(b),
				F.A.C., have been met.
(d) The Department's order shall be Agency
				action, reviewable in accordance with sections
				 120.569 and
				 120.57, F.S. The Department's
				failure to timely issue an Order does not grant or approve the
				request.
(e) The provisions of this
				rule do not preclude the use of any other applicable relief
				provisions.
(f) Facilities where an
				alternative procedure was previously approved by the Department may continue to
				operate using the conditions of the alternative procedure issued by the
				Department.