Section 62-761.440 - Discharges(1) Discharges include: (a) Laboratory analytical results of surface water or groundwater samples indicating the presence of contamination by regulated substance contaminants of concern listed in Table B in chapter 62-780, F.A.C., that exceed the groundwater or surface water Cleanup Target Levels in chapter 62-777, F.A.C.;(b) Laboratory analytical results of soil samples indicating the presence of contamination by regulated substance contaminants of concern listed in Table B in chapter 62-780, F.A.C., that exceed the lower of direct exposure residential or leachability based on groundwater criteria cleanup target levels in chapter 62-777, F.A.C.;(c) The presence of free product, a visible sheen, sludge, or emulsion of a regulated substance, or a regulated substance that is visibly observed in soil, on or in surface water, in groundwater samples, on basement floors, in open drainage ditches, in open excavations or trenches, in subsurface utility conduits or vaults, or in sewer lines at the facility; and,(d) A spill or overfill of a regulated substance to a pervious surface, except as provided in subsection 62-761.440(5), F.A.C.(2) Upon discovery of a discharge, the owner or operator shall report the discharge to the county on a DRF within 24 hours or before the close of the county's next business day. If, however, this discovery is thought to be a previously reported discharge, the owner or operator will have 30 days to investigate and submit supporting documentation or a DRF.(3) Copies of laboratory analytical results that confirm a discharge shall be submitted to the county within 24 hours of receipt of the results or before the close of the next business day in writing or electronic format.(4) A request for a retraction of a submitted DRF shall be submitted to the county or the Department in writing or electronic format if evidence is presented that a discharge did not occur at the facility.(5) A DRF does not need to be submitted:(a) For a discharge that was previously reported to the appropriate county or the Department on a DRF;(b) For petroleum or petroleum product de minimis discharges in accordance with subsection 62-780.560(1), F.A.C., or(c) For non-petroleum de minimis discharges in accordance with rule 62-780.550, F.A.C.(6) Discharge response. When evidence of a discharge from a storage tank system is discovered, the following actions shall be taken: (a) Fire, explosion, and vapor hazards shall be identified and mitigated;(b) Actions shall be taken immediately to contain, remove, and abate the discharge under all applicable Department rules (e.g., chapter 62-780, F.A.C., Contaminated Site Cleanup Criteria). Owners and operators are advised that other federal, state, or local requirements apply to these activities. If the contamination present is subject to the provisions of chapter 62-780, F.A.C., corrective action, including free product recovery, shall be performed in accordance with chapter 62-780, F.A.C.;(c) Each component of the storage tank system shall be integrity tested within three days of discovery of the discharge if the source or cause of the discharge is unknown unless the storage tank system has been properly placed out-of-service in accordance with subsection 62-761.800(1), F.A.C.;(d) The storage tank system component that is discharging shall be isolated from the system within three days of discovery of the discharge. If the component cannot be isolated from the system, within three days of determining that the component is discharging, the storage tank system shall not operate, dispense, nor accept deliveries, or shall be placed out-of-service in accordance with rule 62-761.800, F.A.C., until the component can be repaired or replaced;(e) If the storage tank system component that was found to be discharging will be repaired, it shall be repaired in accordance with rule 62-761.700, F.A.C.;(f) If the storage tank system component that was found to be discharging will be replaced, it shall meet the storage tank system requirements in accordance with rule 62-761.500, F.A.C.; and,(g) If the storage tank system component that was found to be discharging will not be repaired or replaced, the component shall remain isolated from the storage tank system. In cases where the component cannot be isolated from the storage tank system, the system shall remain out-of-service or shall be closed in accordance with rule 62-761.800, F.A.C.Fla. Admin. Code Ann. R. 62-761.440
Rulemaking Authority 376.303 FS. Law Implemented 376.303 FS.
Adopted by Florida Register Volume 42, Number 250, December 28, 2016 effective 1/11/2017. Portions of this rule were copied from Rule 62-761.820, Formerly 17-761.820, F.A.C.