reglab/statecodes huggingface dataset:
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-771 - PETROLEUM CONTAMINATION SITE PRIORITY RANKING RULE › Section 62-771.400 - Scoring System Application (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 376.303,
					  376.305,
					  376.3071,
					 376.3072 FS. Law Implemented
					 376.305,
					 376.3071,
					  376.3072 FS.
New 5-5-87, Amended 11-5-87, 10-5-88, Formerly 17-71.040,
					 Amended 6-5-89, 11-16-89, 2-14-93, Formerly 17-771.400, Repealed
					 12-5-96.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-772 - PROCUREMENT PROCEDURES FOR THE PETROLEUM RESTORATION PROGRAM › Section 62-772.100 - Applicability and Purpose

Current through Reg. 50, No. 138; July 16, 2024
(1) Purpose. This
				chapter establishes a competitive procurement process for petroleum cleanup as
				directed by Section  287.0595, F.S. Further, pursuant
				to Section  376.3071(2)(b),
				F.S., the Department is directed to implement rules and procedures to improve
				the efficiency of the Petroleum Restoration Program.
(2) Applicability. Site rehabilitation work
				on sites eligible for state funding from the Inland Protection Trust Fund shall
				be subject to this chapter. This chapter applies to solicitations issued by the
				Department on or after January 16, 2014.
Rulemaking Authority
					 287.0595,
					 376.303,
					 376.3071 FS. Law Implemented
					 287.0595,
					 376.30,
					 376.301,
					 376.303,
					 376.305,
					 376.3071,
					 376.30711,
					 376.30713,
					 376.30714,
					 376.30715,
					 376.30716,
					 376.3072
					 FS.
New 1-16-14.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-772 - PROCUREMENT PROCEDURES FOR THE PETROLEUM RESTORATION PROGRAM › Section 62-772.200 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
All words and phrases defined in Sections
				   287.012, F.S. and
				   376.301, F.S., shall have the
				  same meaning when used in this chapter.
(1) "Assignment" means direction by the
				Department to a Contractor to proceed with response action through a formal
				contract, task assignment, or Department issued purchase order. The Department
				will utilize any one of the assignment options identified in this chapter
				singularly or in concert with another.
(2) "Closure" means completion of site
				rehabilitation activities and issuance of a Site Rehabilitation Completion
				Order based on a No Further Action determination with or without controls,
				which includes the risk-based corrective action procedures specified in Chapter
				62-780, F.A.C.
(3) "Competitive
				Procurement" means contracting with a qualified response action contractor
				using one or more of the procedures specified in Rule
				 62-772.400 or
				 62-772.401, F.A.C., and
				consistent with Section
				 287.057, F.S.
(4) "Contract" shall refer to the following
				as defined by subsection
				 60A-1.001(1),
				F.A.C., (8-22-04)
http://www.flrules.org/Gateway/reference.asp?No=Ref-03556
,
				hereby adopted and incorporated by reference:
(a) A "Definite Quantity Contract" is an
				agreement between the Department and a vendor whereby the vendor agrees to
				furnish a specific quantity of an item or items or specific contractual
				services, at a specified price, to a specified location.
(b) A "Term Contract" is an agreement between
				the Department and a vendor whereby the vendor agrees to provide an indefinite
				quantity of commodities or contractual services, on an indefinite delivery
				schedule, over a specified period of time. Term contracts issued by the
				Department may also be referred to as an Agency Term
				Contract.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-772 - PROCUREMENT PROCEDURES FOR THE PETROLEUM RESTORATION PROGRAM › Section 62-772.300 - Contractor Qualifications and Performance Reviews

Current through Reg. 50, No. 138; July 16, 2024
(1) Minimum Qualifications. All contractors
				performing site assessment and remediation activities for state-funded sites
				under this chapter must meet the following minimum qualifications:
(a) Demonstrate that the contractor meets all
				certification and license requirements imposed by law. The contractor shall
				possess and maintain or contract with person(s) which possess and maintain: a
				valid license to practice Professional Engineering in the State of Florida
				pursuant to Chapter 471, F.S.; and if applicable, a valid license to practice
				Professional Geology in the State of Florida pursuant to Chapter 492,
				F.S.
(b) Each contractor shall
				certify to the Department that the contractor: (This certification must be in
				writing and submitted to the Department's Petroleum Restoration Program, Attn.:
				Contactor Qualification Coordinator, 2600 Blair Stone Road, Mail Station 4575,
				Tallahassee, Florida 32399-2400. Documentation submitted under Section
				 376.3071, F.S., may be used to
				satisfy this requirement.)
1. Complies with
				applicable OSHA regulations.
2.
				Maintains workers' compensation insurance for all employees as required by the
				Florida Workers' Compensation Law.
3. Maintains comprehensive general liability
				and comprehensive automobile liability insurance with minimum limits of at
				least $1, 000, 000.00 million per occurrence, and $1, 000, 000.00 million
				annual aggregate, as shall protect it from claims for damage for personal
				injury, including accidental death, as well as claims for property damage which
				may arise from performance of work under the program, designating the state as
				an additional insured party. The Department will specify in solicitations when
				higher limits on liability insurance are necessary.
4. Maintains professional liability insurance
				of at least $1 million per occurrence and $1 million annual
				aggregate.
5. Has the capacity to
				perform or directly supervise the majority of the work at a site in accordance
				with Section  489.113(9),
				F.S.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-772 - PROCUREMENT PROCEDURES FOR THE PETROLEUM RESTORATION PROGRAM › Section 62-772.401 - Alternative Contractor Selection and Assignment

Current through Reg. 50, No. 138; July 16, 2024
(1) Low Scored Site Initiative (LSSI). For a
				site participating in the LSSI program under Section
				 376.3071(12)(b),
				F.S., a participant will:
(a) Select an
				agency term contractor;
(b) Select
				a qualified contractor not under contract with the Department provided that
				pricing levels and conditions can be negotiated on the best terms to the
				Department, or
(c) Agree to an
				informal quote process (using a request for written or electronic quote)
				administered by the Department in accordance with Rule
				 60A-1.002, F.A.C., using
				contractors that meet the minimum qualifications specified in Rule
				 62-772.300, F.A.C.
For the purpose of LSSI work, one contractor working on
				  several site assessments shall not be considered circumvention as described in
				  Section  287.057(9),
				  F.S. since each site assessment is a single project, which is capped at $30,
				  000.00 in accordance with Section
				   376.3071(12)(b),
				  F.S.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-772 - PROCUREMENT PROCEDURES FOR THE PETROLEUM RESTORATION PROGRAM › Section 62-772.402 - Exceptions to Competitive Procurement Requirements

Current through Reg. 50, No. 138; July 16, 2024
(1) For emergencies, the Department shall
				follow the procedures in Section
				 287.057(3)(a),
				F.S. to mitigate immediate danger to the public health, safety, or welfare or
				other substantial loss to the state.
(2) For single source purchases, the
				Department shall follow the procedures in Section
				 287.057(3)(c),
				F.S.
Rulemaking Authority
					 287.0595,
					 376.303,
					 376.3071 FS. Law Implemented
					 287.0595,
					 376.30,
					 376.301,
					 376.303,
					 376.305,
					 376.3071,
					 376.30711,
					 376.30713,
					 376.30714,
					 376.30715,
					 376.30716,
					 376.3072
					 FS.
New 1-16-14.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-772 - PROCUREMENT PROCEDURES FOR THE PETROLEUM RESTORATION PROGRAM › Section 62-772.600 - Contract Terms and Conditions

Current through Reg. 50, No. 138; July 16, 2024
(1) Terms
				and Conditions. Department contracts under this chapter shall contain terms and
				conditions specified in Section
				 287.058, F.S.
(2) Payments, purchases, warrants, and
				invoices are subject to the provisions in Sections
				 215.42,
				 215.422, and
				 112.061, F.S.
(3) The Department will include contingency
				statements as applicable in contracts which require annual appropriation in
				accordance with Section
				 287.0582, F.S.
(4) The Department will include the
				provisions in Section
				 287.0585, F.S. for late payments
				by contractors to subcontractors and suppliers and penalties, as
				applicable.
Rulemaking Authority
					 287.0595,
					 376.303,
					 376.3071 FS. Law Implemented
					 287.0595,
					 376.30,
					 376.301,
					 376.303,
					 376.305,
					 376.3071,
					 376.30711,
					 376.30713,
					 376.30714,
					 376.30715,
					 376.30716,
					 376.3072
					 FS.
New 1-16-14.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-773 - REIMBURSEMENT FOR PETROLEUM CONTAMINATION SITE CLEANUP › Section 62-773.100 - Introduction and Scope (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 376.303,
					 376.305,
					 376.3071,
					 376.3072 FS. Law Implemented
					 376.305,
					 376.3071,
					 376.3072
					 FS.
New 5-3-88, Formerly 17-73.001, Amended 12-10-89, 6-25-91,
					 4-22-93, Formerly 17-773.100, Amended 8-11-98, Repealed
					 2-19-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-773 - REIMBURSEMENT FOR PETROLEUM CONTAMINATION SITE CLEANUP › Section 62-773.200 - Definitions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 376.303,
					 376.3071,
					 376.3072 FS. Law Implemented
					 376.3071,
					 376.3072
					 FS.
New 5-3-88, Amended 10-5-88, Formerly 17-73.020, Amended
					 12-10-89, 6-25-91, 4-22-93, Formerly 17-773.200, Amended 8-11-98, Repealed
					 2-19-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-773 - REIMBURSEMENT FOR PETROLEUM CONTAMINATION SITE CLEANUP › Section 62-773.300 - Auditing (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 376.303,
					 376.3071,
					 376.3072 FS. Law Implemented
					 376.3071,
					 376.3072
					 FS.
New 5-3-88, Formerly 17-73.030, Amended 6-25-91, 4-22-93,
					 Formerly 17-773.300, Repealed 2-19-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-773 - REIMBURSEMENT FOR PETROLEUM CONTAMINATION SITE CLEANUP › Section 62-773.350 - Limitations (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 376.303,
					 376.3071,
					 376.3072 FS. Law Implemented
					 376.301,
					 376.3071,
					 376.3072
					 FS.
New 5-3-88, Formerly 17-73.040, Amended 12-10-89, 6-25-91,
					 12-31-91, 4-22-93, Formerly 17-773.350, Amended 8-11-98, Repealed
					 2-19-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-773 - REIMBURSEMENT FOR PETROLEUM CONTAMINATION SITE CLEANUP › Section 62-773.400 - Cost and Completion Schedule Estimate (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 376.303,
					 376.3071,
					 376.3072 FS. Law Implemented
					 376.3071,
					 376.3072
					 FS.
New 5-3-88, Amended 10-5-88, Formerly 17-73.050, Amended
					 12-10-89, 6-25-91, 4-22-93, Formerly 17-773.400, Repealed
					 2-19-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-773 - REIMBURSEMENT FOR PETROLEUM CONTAMINATION SITE CLEANUP › Section 62-773.500 - Program Tasks (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 376.303,
					 376.3071,
					 376.3072 FS. Law Implemented
					 376.3071,
					 376.3072
					 FS.
New 5-3-88, Amended 10-5-88, Formerly 17-73.060, Amended
					 12-10-89, 6-25-91, 4-22-93, Formerly 17-773.500, Repealed
					 2-19-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-773 - REIMBURSEMENT FOR PETROLEUM CONTAMINATION SITE CLEANUP › Section 62-773.600 - Reimbursement of Capital Expense Items (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 376.303,
					 376.3071,
					 376.3072 FS. Law Implemented
					 376.3071,
					 376.3072
					 FS.
New 5-3-88, Amended 10-5-88, Formerly 17-73.070, Amended
					 12-10-89, 6-25-91, 4-22-93, Formerly 17-773.600, Repealed
					 2-19-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-773 - REIMBURSEMENT FOR PETROLEUM CONTAMINATION SITE CLEANUP › Section 62-773.650 - Reimbursement Incentives (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 376.303,
					 376.3071,
					 376.3072 FS. Law Implemented
					 376.3071,
					 376.3072
					 FS.
New 6-25-91, Amended 12-31-91, 4-22-93, Formerly
					 17-773.650, Repealed 2-19-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-773 - REIMBURSEMENT FOR PETROLEUM CONTAMINATION SITE CLEANUP › Section 62-773.700 - Application for Reimbursement (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 376.303,
					 376.3071,
					 376.3072 FS. Law Implemented
					 376.3071,
					 376.3072
					 FS.
New 5-3-88, Amended 10-5-88, Formerly 17-73.080, Amended
					 12-10-89, 6-25-91, 4-22-93, Formerly 17-773.700, Amended 8-11-98, Repealed
					 2-19-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-773 - REIMBURSEMENT FOR PETROLEUM CONTAMINATION SITE CLEANUP › Section 62-773.750 - Reimbursement Application Review (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 376.303,
					 376.3071,
					 376.3072 FS. Law Implemented
					 376.3071,
					 376.3072
					 FS.
New 5-3-88, Amended 10-5-88, Formerly 17-73.090, Amended
					 12-10-89, 4-22-93, Formerly 17-773.750, Repealed
					 2-19-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-773 - REIMBURSEMENT FOR PETROLEUM CONTAMINATION SITE CLEANUP › Section 62-773.800 - Reimbursement Schedule (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 376.303,
					 376.3071,
					 376.3072 FS. Law Implemented
					 376.3071,
					 376.3072
					 FS.
New 5-3-88, Formerly 17-73.100, Amended 12-10-89, 4-22-93,
					 Formerly 17-773.800, Repealed 2-19-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-773 - REIMBURSEMENT FOR PETROLEUM CONTAMINATION SITE CLEANUP › Section 62-773.900 - Forms (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 376.303,
					 376.3071,
					 376.3072 FS. Law Implemented
					 376.3071,
					 376.3072
					 FS.
New 5-3-88, Amended 10-5-88, Formerly 17-73.999, Amended
					 6-25-91, 4-22-93, Formerly 17-773.900, Repealed
					 2-19-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-777 - CONTAMINANT CLEANUP TARGET LEVELS › Section 62-777.100 - Referenced Guidelines

Current through Reg. 50, No. 138; July 16, 2024
Specific references to the guidelines listed below are made
				  within this chapter. These guidelines are not standards as defined in Section
				   403.803, F.S. Use of the
				  guidelines is not mandatory; the guidelines are included for informational
				  purposes only.
(1) Approach to the
				Assessment of Sediment Quality in Florida Coastal Water, Volumes 1-4, dated
				November 1994.
(2) Technical
				Report: Development of Cleanup Target Levels (CTLs) for Chapter 62-777, F.A.C.,
				Final Report, dated February 2005.
(3) Guidance for the Selection of Analytical
				Methods and for the Evaluation of Practical Quantitation Limits, dated October
				12, 2004.
(4) Development and
				Evaluation of Numerical Sediment Quality Assessment Guidelines for Florida
				Inland Waters, dated January 2003.
Rulemaking Authority
					 376.303,
					 376.30701,
					  376.3071,
					 376.3078(4),
					 376.81,
					 403.061,
					 403.704 FS. Law Implemented
					 376.3071,
					  376.30701,
					  376.3078(4),
					  376.81,
					  403.707 FS.
New 8-5-99, Amended
					 4-17-05.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-777 - CONTAMINANT CLEANUP TARGET LEVELS › Section 62-777.170 - Derivation of Cleanup Target Levels

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Groundwater and Surface Water. In deriving groundwater and surface water CTLs,
				the methodology presented in the technical report referenced in subsection
				67-777.100(2), F.A.C., was utilized.
(a) CTLs
				for contaminants found in groundwater are provided in Table I. The CTLs for
				contaminants are not to be construed to create any new water quality standards
				pursuant to Chapters 62-520 and 62-550, F.A.C. The numerical standards
				promulgated pursuant to Chapter 62-520, F.A.C., or CTLs derived using the
				minimum criteria specified in Chapter 62-520, F.A.C., are the CTLs referenced
				in Table I. In deriving groundwater CTLs based upon the minimum criteria
				specified in Chapter 62-520, F.A.C., the following factors were considered:
				calculations using a lifetime excess cancer risk level of 1.0E-6 and a hazard
				quotient of 1 or less; and nuisance, organoleptic, and aesthetic
				considerations. For contaminants not listed in Table I, the equations provided
				in Figures 1 and 2 and nuisance, organoleptic, and aesthetic considerations may
				be used to calculate CTLs for contaminants found in groundwater for sites or
				facilities subject to Chapter 62-713, 62-730, 62-780, or 62-785,
				F.A.C.
(b) CTLs for contaminants
				found in surface water or in contaminated groundwater that is discharging into
				surface water or that may discharge into surface water in the future based on
				available information (for example, monitoring well data, groundwater flow rate
				and direction, or fate and transport modeling), are also provided in Table I.
				The CTLs for contaminants are not to be construed to create any new water
				quality standards pursuant to Chapter 62-302, F.A.C. The numerical standards
				promulgated in Chapter 62-302, F.A.C., CTLs derived based on human health
				endpoints and calculated using Figure 3A, or CTLs derived using the toxicity
				criteria specified in Chapter 62-302, F.A.C., and calculated using Figure 3B,
				are the CTLs referenced in Table I. For contaminants not listed in Table I, the
				equations provided in Figure 3A and the methodology provided in Figure 3B may
				be used to calculate CTLs for contaminants found in surface water, or
				groundwater that is discharging into surface water for sites or facilities
				subject to Chapter 62-713, 62-730, 62-780, or 62-785, F.A.C.
(c) Table IV provides site-specific
				conditions and geochemical parameters that may be used for a technical
				evaluation of the appropriateness of natural attenuation.
(d) Table V provides default source
				concentrations that may be used for a technical evaluation of the
				appropriateness of natural attenuation.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-780 - CONTAMINATED SITE CLEANUP CRITERIA › Section 62-780.110 - Purpose, Intent, and General Principles (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 376.30701 FS. Law Implemented
					 376.30701
					 FS.
New 4-17-05, Repealed
					 2-16-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-780 - CONTAMINATED SITE CLEANUP CRITERIA › Section 62-780.210 - Contamination Reporting

Current through Reg. 50, No. 138; July 16, 2024
(1) Upon discovery
				of petroleum or petroleum products contamination (unless the contamination is
				the result of a previously reported discharge for which site rehabilitation
				completion has not been achieved) or upon a discharge of petroleum or petroleum
				products, notification shall be submitted using the Discharge Report Form
				incorporated in rule  62-761.900, F.A.C. [Form Number
				 62-761.900(1)], 
				unless the discharge was less than 25 gallons onto a pervious surface and will
				be addressed pursuant to subsection
				 62-780.560(1),
				F.A.C. If the discharge will be addressed as an Emergency Response Action (Rule
				 62-780.500, F.A.C.) or Interim
				Source Removal (rule  62-780.525, F.A.C.), the
				discharge shall be reported to the State Watch Office and the Discharge Report
				Form shall be submitted to the FDEP Office of Emergency Response.
(a) If the discharge was from a storage tank
				system regulated pursuant to chapter 62-761 or 62-762, F.A.C., the discharge
				shall be reported by the facility owner or operator pursuant to the applicable
				requirements of chapters 62-761 and 62-762, F.A.C., or
(b) All other discharges of petroleum or
				petroleum products of less than 25 gallons that are not addressed pursuant to
				subsection  62-780.560(1),
				F.A.C., shall be reported within one week of discovery. Discharges of petroleum
				or petroleum products equal to, or exceeding, 25 gallons onto pervious surfaces
				or any discharge to surface waters shall be reported to the State Watch Office
				or FDEP Office of Emergency Response as soon as possible, but no later than 24
				hours after occurrence. The discharge shall be reported by:
1. The discharger, or
2. The owner or operator if the discharger is
				unknown or if the discovery was the result of a previously unreported
				discharge.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-780 - CONTAMINATED SITE CLEANUP CRITERIA › Section 62-780.300 - Quality Assurance Requirements

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Persons performing sampling and analyses pursuant to this chapter shall comply
				with the applicable requirements of chapter 62-160, F.A.C., Quality
				Assurance.
(2) Unless otherwise
				specified in this chapter, reports that are submitted to the Department and
				that contain analytical data shall include the following forms and information,
				as applicable:
(a) Laboratory reports that
				include all applicable information specified in subsections
				 62-160.340(1) and
				(2), F.A.C. (Soil analytical results shall be
				reported on a dry-weight basis.);
(b) Copies of the completed chain of custody
				record form(s) [Form  62-780.900(2),
				effective date 6-12-13, hereby adopted and incorporated by reference (
http://www.flrules.org/Gateway/reference.asp?No=Ref-01489
),
				or an equivalent chain of custody form that includes all the items required by
				Form  62-780.900(2)] . Forms may be obtained from the Division of Waste Management website at
www.dep.state.fl.us/waste
;
(c) Copies of the completed groundwater
				sampling log(s) (Form FD 9000-24) referenced in the Groundwater Sampling SOP,
				FS 2200; and,
(d) Results from
				screening tests or on-site analyses performed pursuant to this
				chapter.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-780 - CONTAMINATED SITE CLEANUP CRITERIA › Section 62-780.400 - Professional Certifications

Current through Reg. 50, No. 138; July 16, 2024
(1) Applicable
				portions of technical documents submitted by the PRSR to the Department shall
				be signed and sealed by a professional engineer registered pursuant to chapter
				471, F.S., or a professional geologist registered pursuant to chapter 492,
				F.S., certifying that the applicable portions of the technical document and
				associated work comply with standard professional practices, this chapter and
				other rules of the Department, and any other applicable laws and rules
				governing the profession. If a laboratory report is submitted separately from
				any other technical document submittal, this requirement shall not apply to
				that laboratory report.
(2) Upon
				completion of the approved remedial action, the Department shall require a
				professional engineer registered pursuant to chapter 471, F.S., or a
				professional geologist registered pursuant to chapter 492, F.S., to certify
				that the applicable portions of the remedial action were, to the best of his or
				her knowledge and ability, completed in accordance with this chapter and in
				conformance with the plans and specifications approved by the
				Department.
Rulemaking Authority
					  376.3071,
					  376.30701,
					  376.3078(4),
					 376.81,
					 403.0877 FS. Law Implemented
					 376.3071,
					 376.30701,
					 376.3078(4),
					  376.80,
					  376.81,
					  403.0877 FS.
Portions of this rule were copied from rule
					  62-770.490;
					  62-782.400; and
					  62-785.400, F.A.C.
New 4-17-05, Amended
					 6-12-13.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-780 - CONTAMINATED SITE CLEANUP CRITERIA › Section 62-780.450 - Combined Document

Current through Reg. 50, No. 138; July 16, 2024
(1) The Interim
				Source Removal Report, the Site Assessment Report, the Risk Assessment Report,
				and the Remedial Action Plan, as applicable, may be submitted by the PRSR to
				the Department for review either separately as each program task is completed,
				or as a combined document. Other individual program task documents may be
				included in a combined document if agreed to in writing by the
				Department.
(2) The combined
				document may incorporate, as applicable, the required content for the Interim
				Source Removal Report, Site Assessment Report, Risk Assessment Report, and
				Remedial Action Plan program tasks pursuant to rules
				 62-780.525,
				 62-780.600,
				 62-780.650, and
				 62-780.700, F.A.C.,
				respectively, including an Interim Source Removal Proposal, a No Further Action
				Proposal, or a Natural Attenuation with Monitoring Plan associated with the
				Site Assessment Report or the Risk Assessment Report.
(3) If the PRSR elects to prepare a combined
				document in lieu of individual program task documents, the time for filing the
				document shall be governed by the earliest submission deadline for any
				component, unless the Department agrees to a different schedule in advance, and
				in writing.
(4) Within the time
				frames of Table A or the CAD, the PRSR shall submit an electronic or paper copy
				of the combined document to the Department for review, including all applicable
				professional certifications as required pursuant to rule
				 62-780.400, F.A.C.
(5) The Department shall:
(a) Provide the PRSR with written approval of
				the individual program task or the combined document, or
(b) Notify the PRSR in writing, stating:
1. The reason(s) why one or more individual
				program tasks or the combined document does not conform with the requirements
				of the applicable criteria of rule
				 62-780.500,
				 62-780.600,
				 62-780.650, or
				 62-780.700, F.A.C., or
2. The reason(s) why a No Further Action
				Proposal or a Natural Attenuation Monitoring Plan does not meet the applicable
				criteria of rule  62-780.680 or
				 62-780.690, F.A.C.,
				respectively.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-780 - CONTAMINATED SITE CLEANUP CRITERIA › Section 62-780.500 - Emergency Response Action

Current through Reg. 50, No. 138; July 16, 2024
(1) Within 24
				hours of discovery of an unexpected or sudden discharge of pollutants or
				hazardous substances which based on the volume, mass, concentration, toxicity,
				or other characteristics of such discharge requires immediate action to
				alleviate a threat to human health, public safety, or the environment, or
				within 24 hours after being notified by the Department of such a condition, the
				PRSR shall commence an emergency response action. For purposes of an emergency
				response action, "commence" means that the PRSR has employed or contracted with
				a response action contractor to evaluate, design, plan, engineer, construct,
				implement, and complete the requirements of the emergency response action, and
				has given the contractor the authority to proceed with the required work. The
				emergency response action shall include performing all tasks described in this
				section that are necessary to eliminate the immediate and serious threat posed
				by the site conditions. In addition, any PRSR may conduct an interim source
				removal in accordance with this section. The objectives of the emergency
				response action or 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.
(2) Discharge Removal and Disposal.
(a) The PRSR shall, if necessary to alleviate
				a threat to human health, public safety, or the environment, perform removal of
				pollutants or hazardous substances 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) that includes a description of the type and estimated volume
				of pollutants or hazardous substances to be removed, and proposed recovery and
				disposal methods to be used,
2. The
				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.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-780 - CONTAMINATED SITE CLEANUP CRITERIA › Section 62-780.525 - Interim Source Removal

Current through Reg. 50, No. 138; July 16, 2024
(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.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-780 - CONTAMINATED SITE CLEANUP CRITERIA › Section 62-780.550 - Nonpetroleum De Minimis Discharges

Current through Reg. 50, No. 138; July 16, 2024
(1)
				For purposes of this rule section, a "nonpetroleum de minimis discharge" means
				a discharge of pollutants or hazardous substances excluding petroleum or
				petroleum products as defined in sections
				 376.301(32) and
				(33), F.S., that is removed from the soil,
				sediment, surface water, and groundwater to CTLs or background concentrations
				pursuant to subsection
				 62-780.680(1),
				F.A.C., within a period of 30 days from the discovery of the
				discharge.
(2) Nonpetroleum de
				minimis discharges shall as addressed as an interim source removal and shall be
				subject to the applicable requirements of rule
				 62-780.525, F.A.C., except for
				the notification and reporting requirements of that rule and the notification
				requirements of subsection
				 62-780.220(1),
				F.A.C. De minimis discharges of drycleaning solvents shall not be exempt from
				the reporting requirements of subsection
				 62-780.210(2),
				F.A.C.
(3) The PRSR shall maintain
				records of the actions that were taken in response to the discharge including
				the information required pursuant to paragraph
				 62-780.525(7)(a),
				F.A.C., for five years from the date of the discharge. The records shall be
				made available to the Department upon request. Upon completing activities and
				maintaining records in accordance with this rule, no other site rehabilitation
				requirements of this chapter are required to be followed unless, upon
				Department review, the criteria of this rule have not been
				met.
Rulemaking Authority
					 376.30701,
					 376.3078(4),
					 376.81 FS. Law Implemented
					 376.30701,
					 376.3078(4),
					 376.81
					 FS.
New 4-17-05, Amended 6-12-13,
					 2-2-17.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-780 - CONTAMINATED SITE CLEANUP CRITERIA › Section 62-780.560 - Petroleum or Petroleum Product De Minimis Discharges

Current through Reg. 50, No. 138; July 16, 2024
(1) For purposes of this rule section, a
				"petroleum or petroleum product de minimis discharge" means a discharge of
				petroleum or petroleum products of less than 25 gallons onto a pervious surface
				or that moves onto a pervious surface from an impervious surface. Such
				discharge is exempt from the notification requirements of subsection
				 62-780.220(1),
				rules  62-780.500 and
				 62-780.525, F.A.C., as long as
				the discharge is removed and properly treated or properly disposed, or
				otherwise remediated, pursuant to the applicable provisions of rule 62-780.500
				or  62-780.525, F.A.C., so that CTLs
				or background concentrations pursuant to subsection
				 62-780.680(1),
				F.A.C., are achieved.
(2) For
				purposes of this rule section, a "petroleum or petroleum product de minimis
				discharge" also means a discharge of petroleum or petroleum products of 25 to
				500 gallons onto a pervious surface or that moves onto a pervious surface from
				an impervious surface, that is not associated with a regulated petroleum
				storage system and has not impacted groundwater, and for which the FDEP Office
				of Emergency Response oversees the response actions, if at the conclusion of
				the emergency response action, CTLs or background concentrations pursuant to
				subsection  62-780.680(1),
				F.A.C., are achieved. These de minimis discharges shall be addressed as an
				emergency response removal or an interim source removal and shall be subject to
				the applicable requirements of rule
				 62-780.500 or
				 62-780.525, F.A.C.,
				respectively, including notification and reporting. If the information
				presented in the Emergency Source Removal Report or Interim Source Removal
				Report confirms that no contamination remains at the conclusion of the
				emergency response action, the Department will indicate in writing that
				information provided on a Discharge Reporting Form, incorporated in rule
				 62-761.900, F.A.C. [Form Number
				 62-761.900(1)], 
				or other discharge record will no longer be tracked by the Division of Waste
				Management and that no other site rehabilitation requirements of this chapter
				are required to be followed.
Rulemaking Authority
					 376.303,
					 376.3071 FS. Law Implemented
					 376.303,
					 376.315,
					 376.3071
					 FS.
New 6-12-13, Amended
					 2-2-17.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-780 - CONTAMINATED SITE CLEANUP CRITERIA › Section 62-780.610 - Fate and Transport Model and Statistical Method Requirements

Current through Reg. 50, No. 138; July 16, 2024
(1) Fate and Transport Models.
(a) Any fate and transport model used to
				support an evaluation pursuant to the provisions of rules
				 62-780.650,
				 62-780.680, and
				 62-780.690, F.A.C., shall be a
				fate and transport model with the ability to adequately simulate movement and
				degradation of contaminants in the aquifer over time and distance, taking into
				account attenuation mechanisms including biological, physical, and chemical
				processes. The model shall be appropriate for the site conditions and shall be
				selected from the ASTM document referenced in subsection
				 62-780.100(4),
				F.A.C., or from the list of approved fate and transport models maintained by
				the Department, a copy of which is available upon request.
(b) Fate and transport models not listed in
				the ASTM document referenced in subsection
				 62-780.100(4),
				F.A.C., or on the list of approved fate and transport models maintained by the
				Department, may be submitted to the Department for approval and for inclusion
				on the list of approved fate and transport models maintained by the Department.
				Any such request for Department approval shall set forth at a minimum the
				following information:
1. The fate and
				transport model type,
2. The name
				and address of the developer,
3.
				The fate and transport model description,
4. A list of input parameters,
5. The applicable boundary conditions and
				limitations on the appropriate use of the fate and transport model,
6. A description of the methods available for
				fate and transport model calibration and examples of calibration of the model
				with measured site data,
7.
				Documentation of code testing that has been done (for example, hand
				calculations to demonstrate that the model formulas were programmed
				correctly),
8. At least one
				independent reference knowledgeable of the theory, or experienced in the use,
				of fate and transport models, who must be a Professional Engineer registered
				pursuant to chapter 471, F.S., or a Professional Geologist registered pursuant
				to chapter 492, F.S.; and,
9. Any
				approvals or denials of the fate and transport model received from other states
				or from a federal agency.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-780 - CONTAMINATED SITE CLEANUP CRITERIA › Section 62-780.650 - Risk Assessment

Current through Reg. 50, No. 138; July 16, 2024
(1) If the PRSR
				elects to perform a risk assessment, then during the risk assessment process,
				the PRSR is encouraged to have discussions with the Department at various
				decision points to establish applicable exposure factors, relevant receptors,
				and risk management options based on the current and projected land use(s) at
				the site. If a risk assessment is performed, the following risk assessment task
				elements shall be performed, as applicable:
(a) An exposure assessment that identifies
				pathways and routes by which human and environmental receptors may be exposed
				to contaminants and determines levels of contaminants to which human and
				environmental receptors may be exposed. The exposure assessment shall:
1. Identify actual and potential exposure
				pathways and routes,
2. Identify
				actual and potential human and environmental receptors for each exposure
				pathway, and sensitive sub-populations such as children, where applicable,
3. Determine expected
				concentrations of contaminants to which actual and potential human and
				environmental receptors may be exposed, with the most recent sampling of
				representative monitoring wells having occurred no more than 270 days prior to
				Risk Assessment Report submittal,
4. Determine exposure factors (e.g., exposure
				duration, exposure frequency, body weight and ingestion rate) based on:
a. Site-specific characteristics, including
				consideration of current and plausible projected land uses. Institutional and
				engineering controls may be proposed in order to ensure that exposure factors
				do not change, or
b.
				Non-site-specific exposure factors contained in the USEPA Exposure Factors
				Handbook (2011 Edition), hereby adopted and incorporated by reference, (
http://www.flrules.org/Gateway/reference.asp?No=Ref-03403
),
				or other information on exposure factors relevant or applicable to the actual
				conditions of exposure.
5. Estimate the contaminant doses received by
				relevant receptors.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-780 - CONTAMINATED SITE CLEANUP CRITERIA › Section 62-780.700 - Active Remediation

Current through Reg. 50, No. 138; July 16, 2024
(1) If the
				conditions at a site do not satisfy the No Further Action criteria of rule
				 62-780.680, F.A.C., or the
				Natural Attenuation Monitoring criteria of rule
				 62-780.690, F.A.C., 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 shall prepare and submit to the Department for review an electronic or
				paper copy of a Remedial Action Plan. The Remedial Action Plan shall be
				prepared pursuant to this rule and shall contain all of the information
				required herein. The objective of the active remediation shall be to meet the
				applicable No Further Action criteria of rule
				 62-780.680, F.A.C., or the
				Natural Attenuation Monitoring criteria of rule
				 62-780.690, F.A.C. The Remedial
				Action Plan shall provide a design that addresses cleanup of all contaminated
				soil, sediment, groundwater, or surface water as a result of the discharge for
				which the PRSR is conducting site rehabilitation. Additionally, if the Remedial
				Action Plan addresses contamination that has migrated into any medium beyond
				the boundary of the source property (i.e., the location from which the
				contamination is emanating), then the point of compliance may be temporarily
				extended beyond the property boundary with appropriate monitoring, if such
				extension is needed to address the current conditions of the plume, provided
				human health, public safety, and the environment are protected. If the point of
				compliance is proposed to be temporarily extended beyond the property boundary,
				it cannot be extended further than the lateral extent of the plume at the time
				of execution of a CAD, if known, or the lateral extent of the plume as defined
				at the time of the approved site assessment. Prior to the Department
				authorizing a temporary extension of the point of compliance beyond the
				property boundary, the PRSR shall provide notice and an opportunity to comment
				pursuant to subsection
				 62-780.220(3),
				F.A.C.
(2) Prior to performing any
				pilot study, within the time frames specified in Table A or the CAD the PRSR
				shall submit to the Department for review an electronic or paper copy of a
				Pilot Study Work Plan to determine the need for any applicable Department
				permits or authorizations (for example, underground injection control, National
				Pollutant Discharge Elimination System, or air emissions), and to ensure that
				human health and the environment are adequately protected. The Department
				shall:
(a) Provide the PRSR with written
				approval of the Pilot Study Work Plan, or
(b) Notify the PRSR in writing, stating the
				reason(s) why the Pilot Study Work Plan does not contain information adequate
				to support the conclusion that the pilot study will comply with all applicable
				requirements of subsection
				 62-780.700(2),
				F.A.C.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-780 - CONTAMINATED SITE CLEANUP CRITERIA › Section 62-780.750 - Post Active Remediation Monitoring

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Post active remediation groundwater monitoring shall be performed following the
				completion of active groundwater remediation or soil remediation as described
				in rule  62-780.700, F.A.C., unless the
				Department has concurred that groundwater sampling is unnecessary based on the
				site-specific conditions or the site rehabilitation is continuing under Natural
				Attenuation Monitoring pursuant to rule
				 62-780.690, F.A.C. When active
				groundwater remediation has met the No Further Action criteria of subsection
				 62-780.680(1),
				F.A.C., the site-specific alternative cleanup target levels, or the leveling
				off criteria of subsection
				 62-780.700(18),
				F.A.C., an electronic or paper copy of a Post Active Remediation Monitoring
				Plan prepared pursuant to the provisions of subsection
				 62-780.750(4),
				F.A.C., and including analytical results demonstrating this conclusion, shall
				be submitted by the PRSR to the Department for review.
(2) The Department shall:
(a) Provide the PRSR with written approval of
				the Post Active Remediation Monitoring Plan, or
(b) Notify the PRSR in writing, stating the
				reason(s) why the Post Active Remediation Monitoring Plan does not contain
				information adequate to support the conclusion that the applicable Post Active
				Remediation Monitoring criteria of rule
				 62-780.750, F.A.C., have been
				met.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-780 - CONTAMINATED SITE CLEANUP CRITERIA › Section 62-780.790 - Time Schedules

Current through Reg. 50, No. 138; July 16, 2024
(1) Site
				rehabilitation performed pursuant to this chapter shall be conducted within the
				time frames specified in Table A of this chapter, except that.
(a) If the PRSR has entered into a CAD with
				the Department for site rehabilitation, the time frames specified in the CAD
				shall take precedence over the time frames specified in Table A of this
				chapter, or
(b) If the Department
				is the PRSR, the time frames specified in this chapter do not
				apply.