Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-780 - CONTAMINATED SITE CLEANUP CRITERIA › Section 62-780.150 - Applicability

Current through Reg. 50, No. 138; July 16, 2024
(1) This chapter applies to site
				rehabilitation conducted at sites contaminated with pollutants, hazardous
				substances, drycleaning solvents, petroleum and petroleum products, and
				supersedes chapters 62-770, 62-782, and 62-785, F.A.C., subject to the
				grandfathering provisions of subsection
				 62-780.150(5),
				F.A.C. Any correspondence, reports, cleanup agreement documents, contracts or
				similar documents that reference superseded rules are not required to be
				amended to remain valid and in force.
(2) Every person who has legal responsibility
				for site rehabilitation pursuant to chapter 376 or 403, F.S., except those
				specifically excluded herein, shall comply with the provisions of this chapter
				and are subject to enforcement to compel compliance with the provisions of this
				chapter.
(3) Any person who
				voluntarily rehabilitates a site shall comply with the provisions of this
				chapter if that person wishes the Department to review any documents concerning
				site rehabilitation or issue any order with respect to completion of the
				rehabilitation tasks. The cleanup criteria contained in this chapter shall
				apply to voluntary cleanups conducted at all sites contaminated with
				drycleaning solvents including site rehabilitation at drycleaning facilities or
				wholesale supply facilities governed by the terms of a Voluntary Cleanup
				Agreement (VCA) executed by the Person Responsible for Site Rehabilitation
				(PRSR) and the Department pursuant to section
				 376.3078(11),
				F.S. The cleanup criteria contained in this chapter also shall apply to any
				voluntary brownfield site rehabilitation that is governed by the terms of a
				Brownfield Site Rehabilitation Agreement (BSRA), within a designated brownfield
				area. The BSRA shall be executed by the person responsible for brownfield site
				rehabilitation (i.e., the PRSR) and the Department pursuant to section
				 376.80(5),
				F.S.
(4) This chapter applies to
				site rehabilitation conducted as a state-managed cleanup by the
				Department.
(5) This chapter and
				the CTLs developed pursuant to this chapter apply to site rehabilitation
				whether the release or discharge causing or contributing to the contamination
				occurred prior to, on, or after the effective date of this chapter, unless:
(a) The Department has accepted CTLs for a
				site in an approved technical document (for example, a Risk Assessment Report,
				a Natural Attenuation Monitoring Plan, or a Remedial Action Plan), Brownfields
				Site Rehabilitation Agreement, current permit, Superfund Record of Decision
				with which the Department has concurred, or other cleanup agreement document
				(CAD) with the Department, and the PRSR continues the activities necessary to
				achieve those CTLs in accordance with the approved technical document, permit,
				Superfund Record of Decision, or other CAD until those CTLs are achieved,
				or
(b) The site has received a "No
				Further Action" determination or a Site Rehabilitation Completion Order from
				the Department prior to April 17, 2005. However, the PRSR may elect to have the
				criteria of this chapter, including CTLs established pursuant thereto, apply in
				lieu of those in an approved technical document, current permit, or other
				CAD.