Section 62-761.405 - Notification(1) For installations: (a) For the purposes of this subsection, installation shall mean the date that the storage tank system or system component placement or construction will begin.(b) Notification shall be received by the county in writing or electronic format between 30 and 45 days before installation of a storage tank system or system component unless the county agrees to a shorter time period.(c) Notification shall also be received by the county in writing or electronic format between 48 and 72 hours prior to the installation work to confirm the date and time of the scheduled activities.(2) For change in service status and closure:(a) Notification shall be received by the county in writing or electronic format between 30 and 45 days before the initiation of the work related to the change in service status or closure unless the county agrees to a shorter time period.(b) Notification shall also be received by the county in writing or electronic format between 48 and 72 hours prior to the initiation of the work to confirm the date and time of the scheduled activities.(c) A Closure Integrity Evaluation Report Form for USTs 62-761.900(7), (Closure Integrity Report), effective date, October 2019, hereby adopted and incorporated by reference, as prepared in accordance with paragraph 62-761.800(3)(a), F.A.C., must be provided to the county with the notification of closure or change in service from a regulated substance to a non-regulated substance. To obtain copies of this form see Rule 62-761.900, F.A.C., or http://www.flrules.org/Gateway/reference.asp?No=Ref-10739, or the Department's website at https://floridadep.gov/waste/permitting-compliance-assistance/content/storage-tank-system-rules-forms-and-reference.(d) Notification shall be received by the county in writing or electronic format at least 30 days prior to switching to a regulated substance containing greater than 10 percent ethanol or greater than 20 percent biodiesel.(3) Notification of the discovery of an incident shall be made to the county in writing or electronic format on Form 62-761.900(6), Incident Notification Form (INF), effective date, January 2017, hereby adopted and incorporated by reference, within 72 hours of the discovery or before the close of the County's next business day; however, an INF need not be submitted if, within 72 hours of discovery, the investigation of the incident in accordance with Rule 62-761.430, F.A.C., confirms that a discharge did or did not occur. To obtain copies of the INF Form see rule 62-761.900, F.A.C., or http://www.flrules.org/Gateway/reference.asp?No=Ref-07657, or the Department's website at https://floridadep.gov/waste/permitting-compliance-assistance/content/storage-tank-system-rules-forms-and-reference.(4) Except as provided in subsection 62-761.440(5), F.A.C., notification of the discovery of a discharge shall be made to the county in writing or electronic format on Form 62-761.900(1), Discharge Report Form (DRF), effective date, June 2023, hereby adopted and incorporated by reference, within 24 hours of the discovery or before the close of the county's next business day unless the discovery is a non-petroleum de minimis discharge referenced in rule 62-780.550, F.A.C., or a petroleum or petroleum product de minimis discharge referenced in subsection 62-780.560(1), F.A.C. A de minimis discharge is exempt from the notification requirements as long as the discharge is removed and properly treated or properly disposed, or otherwise remediated pursuant to the applicable provisions of Chapter 62-780, F.A.C. To obtain copies of the DRF Form see Rule 62-761.900, F.A.C., or http://www.flrules.org/Gateway/reference.asp?No=Ref-15409, or the Department's website at https://floridadep.gov/waste/permitting-compliance-assistance/content/storage-tank-system-rules-forms-and-reference.(5) Facility owners and operators are advised that notice must be provided through the State Watch Office if the discharge is a reportable pollution release as defined by Section 403.077, F.S.Fla. Admin. Code Ann. R. 62-761.405
Rulemaking Authority 376.303 FS. Law Implemented 376.30, 376.303, 403.077 FS.
Adopted by Florida Register Volume 42, Number 250, December 28, 2016 effective 1/11/2017, Amended by Florida Register Volume 45, Number 191, October 1, 2019 effective 10/13/2019, Amended by Florida Register Volume 49, Number 114, June 13, 2023 effective 6/25/2023.Portions of this rule were copied from 62-761.450, Formerly 17-761.450, F.A.C.
New 1-11-17, Amended 10-13-19, 6-25-23.