Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-780 - CONTAMINATED SITE CLEANUP CRITERIA › Section 62-780.200 - Acronyms and Definitions

Current through Reg. 50, No. 138; July 16, 2024
All words and phrases defined in sections
				   376.301 and
				   376.79, F.S., shall have the
				  same meaning when used in this chapter unless specifically stated otherwise in
				  this chapter. See sections
				   376.301 and
				   376.79, F.S., for definitions of
				  the following terms: "Additive effects, " "Antagonistic effects, " "Brownfield
				  area, " "Brownfield site, " "Cleanup target level, " "Contaminant, "
				  "Contaminated site, " "Discharge, " "Drycleaning facility, " "Drycleaning
				  solvents, " "Hazardous substances, " "Institutional control, " "Long-term
				  natural attenuation, " "Natural attenuation, " "Person responsible for
				  brownfield site rehabilitation, " "Petroleum, " "Petroleum product, "
				  "Pollutants, " "Risk reduction, " "Site rehabilitation, " "Synergistic effects,
				  " "Temporary point of compliance, " and "Wholesale supply facility." The
				  following words and phrases used in this chapter shall, unless the context
				  clearly indicates otherwise, have the following meanings:
(1) "Action level" means a specified
				concentration of a contaminant that, if exceeded during natural attenuation
				with monitoring or post active remediation monitoring, may require additional
				site assessment or active remediation. Action levels are established during the
				approval process for Natural Attenuation Monitoring Plans pursuant to rule
				 62-780.690, F.A.C., and Post
				Active Remediation Monitoring Plans pursuant to rule
				 62-780.750, F.A.C. "Action
				levels" are not equivalent to "cleanup target levels."
(2) "Dose Additivity" is the calculated
				interactive effects of chemicals that share the same mechanism of toxicity.
				Guidance on the chemicals encompassed and methods for assessing dose additivity
				is provided in the "Dose Additivity" document referenced in subsection
				 62-780.100(24),
				F.A.C.
(3) "Background
				concentrations" means concentrations of contaminants that are naturally
				occurring or resulting from anthropogenic impacts unrelated to the discharge of
				pollutants or hazardous substances at a contaminated site undergoing site
				rehabilitation, in the groundwater, surface water, soil, or sediment in the
				vicinity of the site.
(4) "Best
				achievable detection limit" means the practical quantitation limit. [Refer to
				the PQL guidelines referenced in subsection
				 62-780.100(5),
				F.A.C., for guidance.]
(5)
				"Brownfield Site Rehabilitation Agreement" (BSRA) means an agreement entered
				into between the person responsible for brownfield site rehabilitation and the
				Department. The BSRA shall at a minimum establish the time frames, schedules,
				and milestones for completion of site rehabilitation tasks and submission of
				technical reports, and other commitments or provisions pursuant to section
				 376.80(5),
				F.S., and this chapter.
(6) "BSRA"
				means Brownfield Site Rehabilitation Agreement.
(7) "CAD" means cleanup agreement
				document.
(8) "Cleanup agreement
				document" (CAD) means any order or agreement issued to or entered into by the
				Department with a Person Responsible for Site Rehabilitation, including a
				voluntary cleanup agreement, permit, consent order, final order, or final
				judgment. For brownfield sites subject to a BSRA, CAD shall mean the BSRA. The
				CAD shall at a minimum establish the time frames, schedules, and milestones for
				completion of site rehabilitation tasks and submission of technical documents,
				and other commitments or provisions pursuant to this chapter.
(9) "Conceptual Site Model" (CSM) means a
				written and/or graphic representation of the physical, chemical and biological
				processes that affect the transport, migration and actual or potential exposure
				to contamination in all affected media to human and ecological receptors. The
				CSM is used to develop and refine the extent of site assessment, support
				remedial alternative, mitigation and cleanup technology evaluations, and
				support risk management decisions. The CSM is an optional submittal and may be
				prepared or updated at any time during site rehabilitation as new or revised
				information becomes available. The CSM may be a single document or combined
				with any other document.
(10)
				"Contaminated" or "contamination" means the presence of free product or any
				contaminant in surface water, groundwater, soil, sediment, or upon the land, in
				concentrations that exceed the applicable CTLs specified in chapter 62-777,
				F.A.C., or water quality standards in chapter 62-302 or 62-520, F.A.C., or in
				concentrations that may result in contaminated sediment. At sites where
				alternative CTLs have been developed solely based upon intrinsic chemical
				properties that do not vary under different exposure scenarios (e.g., toxicity)
				or based upon a risk assessment where the exposure parameters have been
				demonstrated to be applicable throughout the study area, then such alternative
				CTLs are the applicable CTLs for evaluting "contaminated" or "contamination"
				and would supersede the CTLs specified in chapter 62-777, F.A.C. However,
				alternative CTLs can not be substituted for water quality standards in chapter
				62-302 or 62-520, F.A.C. This definition is solely for use within chapter
				62-780, F.A.C., and pursuant to section
				 376.30701(1)(a),
				F.S., shall not be used to establish legal responsibility for conducting site
				rehabilitation.
(11) "Contaminated
				sediment" means sediment that is contaminated as determined by the
				concentrations of the contaminants, actual circumstances of exposure,
				biological diversity studies, toxicity testing, or other evidence of harmful
				effects, as applicable. [Refer to the sediment guidelines referenced in
				subsections  62-780.100(1) and
				(6), F.A.C., for guidance on the evaluation
				of contaminant concentrations, sediment quality conditions, and testing
				methods.]
(12) "CSM" means
				conceptual site model.
(13) "CTL"
				means cleanup target level as defined in section
				 376.301, F.S.
(14) "Department" means the FDEP, or a county
				or Department of Health local program established under a contract pursuant to
				section  376.3073, F.S., to assist the
				FDEP in the administration of the petroleum contamination site cleanup program,
				or a local pollution control program that has received delegated authority from
				the FDEP pursuant to sections
				 376.80(9)  and
				 403.182, F.S., to administer all
				or part of the brownfields program. For more information, visit the FDEP
				website.
(15) "Emergency response
				action" means activities intitiated pursuant to rule
				 62-780.500, F.A.C., within 24
				hours of discovery of an unexpected situation or sudden occurrence of a serious
				and urgent nature that demands immediate action to alleviate a threat to human
				health, public safety, or the environment.
(16) "Engineering control" means use of
				existing features (such as buildings) or modifications to a site to reduce or
				eliminate the potential for migration of, or exposure to, contaminants.
				Examples of modifications include physical or hydraulic control measures,
				capping, point-of-use treatments, or slurry walls.
(17) "Excessively contaminated soil" for the
				purposes of section  376.3071(12)(b),
				F.S., means soil saturated with petroleum or petroleum products or soil that
				causes a total corrected hydrocarbon measurement of 500 parts per million (ppm)
				or higher for Gasoline Analytical Group or 50 ppm or higher for Kerosene
				Analytical Group. Readings shall be obtained at the site on an organic vapor
				analysis instrument with a flame ionization detector in the survey mode upon
				sampling the headspace in half-filled, 8-ounce or 16-ounce jars. Each soil
				sample shall be split into two jars, the two subsamples shall be brought to a
				temperature of between 20° C. (68° F.) and 32° C. (90° F.), and
				the readings shall be obtained 5 to 30 minutes thereafter. One of the readings
				shall be obtained with the use of an activated charcoal filter unless the
				unfiltered reading is nondetect. The total corrected hydrocarbon measurement
				shall be determined by subtracting the filtered reading from the unfiltered
				reading. Instruments with a photo ionization detector may be used, but shall
				not be used in situations where humidity will interfere with the instruments'
				sensitivity (including periods of rain, measuring wet or moist soil). If an
				instrument with a photo ionization detector is used, a filtered reading is not
				warranted and therefore sample splitting is not necessary. Analytical
				instruments shall be calibrated in accordance with the manufacturer's
				instructions.
(18) "Exposure unit"
				means an area over which receptors are expected to have equal and random
				exposure.
(19) "FDEP" means the
				Florida Department of Environmental Protection.
(20) "Free product" means the presence of a
				non-aqueous phase liquid in the environment in excess of 0.01 foot in
				thickness, measured at its thickest point.
(21) "Gasoline Analytical Group" means
				aviation gasoline, gasohol, and motor gasoline or equivalent petroleum
				products.
(22) "Groundwater" means
				water beneath the surface of the ground within a zone of saturation, whether or
				not flowing through known or definite channels.
(23) "Incremental Sampling Methodology" means
				a structured composite sampling and processing protocol that reduces data
				variability and provides a reasonably unbiased estimate of mean contaminant
				concentrations in a volume of soil. [Refer to "Incremental Sampling
				Methodology" referenced in subsection
				 62-780.100(21),
				F.A.C., for guidance.]
(24)
				"Innovative technology" means a process that has been tested and used as a
				treatment for contamination, but lacks an established history of full-scale use
				and information about its cost and how well it works sufficient to support
				prediction of its performance under a variety of operating
				conditions.
(25) "Interim source
				removal" means the removal of free product, contaminated groundwater,
				contaminated sediment, or contaminated soil, or the removal of contaminants
				from soil or sediment that has been contaminated to the extent that leaching to
				groundwater or surface water has occurred or is occurring, prior to approval of
				a Remedial Action Plan pursuant to rule
				 62-780.700, F.A.C.
(26) "ISM" means incremental sampling
				methodology.
(27) "Kerosene
				Analytical Group" means diesel, Jet-A, Jet-B, JP-4, JP-5, and kerosene or
				equivalent petroleum products.
(28)
				"Low yield" means groundwater that is contained in an aquifer that has an
				average hydraulic conductivity of less than one foot per day, determined by
				performing slug tests or an equivalent method for determining hydraulic
				conductivity on a minimum of three monitoring wells in each affected monitoring
				zone; and a maximum yield of 80 gallons per day, determined by pumping a
				four-inch well screened across the cross-section of the plume, for a minimum of
				two hours.
(29) "Monitoring well"
				means a well constructed with a surface seal and a sand filter pack in order to
				provide for the collection of representative groundwater samples for laboratory
				analyses. Such wells may also be used to detect the presence of free product or
				collect water-level elevation data to aid in determining the direction of
				groundwater flow.
(30) "MTBE" means
				Methyl tert-butyl ether.
(31)
				"Newspaper of general circulation" means a newspaper published at least on a
				weekly basis and printed in the language most commonly spoken in the area
				within which it circulates, but does not include a newspaper intended primarily
				for members of a particular professional or occupational group, a newspaper
				whose primary function is to carry legal notices, or a newspaper that is given
				away primarily to distribute advertising.
(32) "Organoleptic" means pertaining to, or
				perceived by, a sensory organ (i.e., color, taste, or odor).
(33) "PAHs" means Polycyclic Aromatic
				Hydrocarbons.
(34) "PCBs" means
				Polychlorinated Biphenyls.
(35)
				"Person Responsible for Site Rehabilitation" (PRSR) means the Department when
				conducting site rehabilitation, or any of the following, which may include an
				agent or authorized representative, unless prohibited by statute or rule:
(a) Any person who has legal responsibility
				for site rehabilitation pursuant to chapter 376 or 403, F.S., or any person who
				voluntarily rehabilitates a site pursuant to the requirements of this chapter
				and seeks an acknowledgement from the Department for approval of site
				rehabilitation program tasks;
(b)
				The individual or entity that is designated by a local government in its
				resolution establishing a brownfield area to enter into the brownfield site
				rehabilitation agreement with the Department, and that enters into an agreement
				with the local government for redevelopment of the site pursuant to section
				 376.80(5)(i),
				F.S.;
(c) The real property owner,
				the facility owner, the facility operator, the discharger, or other person or
				entity responsible for site rehabilitation, or the Department when the
				Department is conducting the site rehabilitation at facilities with discharges
				eligible for state-funded cleanup pursuant to sections
				 376.305(6),
				 376.3071(9),
				 376.3071(13),
				and  376.3072, F.S., or
(d) A responsible party, a real property
				owner, or any individual or entity that has entered into a Voluntary Cleanup
				Agreement with the Department pursuant to section
				 376.3078(11)(b),
				F.S., that is conducting site rehabilitation at a drycleaning solvent
				contaminated site pursuant to this chapter.