Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-762 - ABOVEGROUND STORAGE TANK SYSTEMS › Section 62-762.421 - Financial Responsibility

Current through Reg. 50, No. 138; July 16, 2024
(1) Financial
				responsibility is the ability to pay for cleanup of a discharge and third-party
				liability resulting from a discharge of petroleum or petroleum product at the
				facility.
(2) Financial
				responsibility shall be maintained and demonstrated to the County or Department
				for all storage tank systems until the storage tank systems are properly closed
				pursuant to subsections
				 62-762.801(2) and
				(3), and
				 62-762.802(3) and
				(4), F.A.C., and the Closure Report or the
				Limited Closure Report Form for ASTs
				 62-762.901(8),
				effective date, October 2019, hereby adopted and incorporated by reference, is
				submitted to and approved by the County or the Department. To obtain copies of
				Form  62-762.901(8),
				see Rule 62-762.901, F.A.C., or
http://www.flrules.org/Gateway/reference.asp?No=Ref-10745
,
				or the Department's website at
https://floridadep.gov/waste/permitting-compliance-assistance/content/storage-tank-system-rules-forms-and-reference
.
				Pursuant to Section  376.309(1),
				F.S., the facility owner is required to establish and maintain evidence of
				financial responsibility and is liable in event of noncompliance. If the
				facility owner, facility operator, tank owner, and tank operator are separate
				persons, then evidence of financial responsibility may be demonstrated if one
				of those persons obtains financial responsibility on behalf of the facility
				owner.
(3) The demonstration of
				financial responsibility for storage tank systems shall be made in accordance
				with reference guideline
Technical Standards And Corrective Action
				Requirements For Owners And Operators Of Underground Storage Tanks (UST),
				Financial Responsibility
,   40 CFR Part 280, Subpart H, Financial
				Responsibility, revised July 15, 2015, which is adopted and incorporated by
				reference in subsection
				 62-761.420(3),
				F.A.C., and available at
https://www.flrules.org/Gateway/reference.asp?No=Ref-15341
,
				except that:
(a) Department Form
				 62-761.900(3) 
				Financial Mechanisms for Storage Tanks, June 2023, shall be used in lieu of the
				United States Environmental Protection Agency's financial wording. Form
				 62-761.900(3),
				effective June 2023, is adopted and incorporated by reference in subsection
				 62-761.420(3),
				F.A.C., and available on the Department's website at
https://floridadep.gov/waste/permitting-compliance-assistance/content/storage-tank-financial-responsibility
,
				or here:
http://www.flrules.org/Gateway/reference.asp?No=Ref-15410
;
(b) All references to underground storage
				tank(s) (UST) within 40 CFR Part 280, Subpart H, as adopted by reference
				herein, shall mean aboveground storage tank(s) (AST);
(c) Owners or operators of petroleum or
				petroleum product aboveground storage tanks must demonstrate financial
				responsibility for taking corrective action and for compensating third parties
				for bodily injury and property damage caused by accidental releases arising
				from the operation of petroleum or petroleum product aboveground storage tanks
				in at least the following per-occurrence and annual aggregate amounts:
1. For a facility with a storage tank system
				or systems with a cumulative capacity greater than 550 gallons and less than or
				equal to 10, 000 gallons, the demonstration of financial responsibility for
				cleanup of a discharge and third-party liability shall be a minimum of $500,
				000.00 per incident, and $1, 000, 000.00 million annual aggregate.
2. For a facility with a storage tank system
				or systems with a cumulative capacity greater than 10, 000 gallons and less
				than or equal to 30, 000 gallons, the demonstration of financial responsibility
				for cleanup of a discharge and third-party liability shall be a minimum of $1,
				000, 000.00 million per incident, and $1, 000, 000.00 million annual
				aggregate.
3. For a facility with a
				storage tank system or systems with a cumulative capacity greater than 30, 000
				gallons and less than or equal to 250, 000 gallons the demonstration of
				financial responsibility for cleanup of a discharge and third-party liability
				shall be a minimum of $1, 000, 000.00 million per incident, and $2, 000, 000.00
				million annual aggregate.
4. For a
				facility with a storage tank system or systems with a cumulative capacity
				greater than 250, 000 gallons, the demonstration of financial responsibility
				for cleanup of a discharge and third-party liability shall be a minimum of $3,
				000, 000.00 million per incident, and $6, 000, 000.00 million annual
				aggregate.