(1) For installations:

Terms Used In Florida Regulations 62-761.400

  • Certified Contractors Form: means Underground Storage System Installation and Removal Form for Certified Contractors 62-761. See Florida Regulations 62-761.200
  • County: means a locally administered governmental program under contract with the Department to perform compliance verification activities at facilities with storage tank systems within the boundaries stipulated in the applicable contract. See Florida Regulations 62-761.200
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Discovery: means actual knowledge or knowledge of facts that could reasonably lead to actual knowledge of the existence of a previously unreported incident, release, or discharge. See Florida Regulations 62-761.200
  • In contact with the soil: means any portion of a storage tank system, that physically touches the soil or, if not in direct contact with the soil, is separated from the soil only by a casing, wrapping, or other material that is not impervious. See Florida Regulations 62-761.200
  • Integral piping: means on-site piping, originating or terminating at the regulated storage tank or tanks, that conveys regulated substances. See Florida Regulations 62-761.200
  • Registration form: means Storage Tank Facility Registration Form 62-761. See Florida Regulations 62-761.200
  • Regulated substance: means a liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14. See Florida Regulations 62-761.200
  • Release: means a loss of regulated substances from a storage tank system or system component into the system's secondary containment. See Florida Regulations 62-761.200
  • Storage tank system: means a tank used to contain regulated substances, its integral piping, and all its components, including dispensers, spill containment systems, overfill protection systems, secondary containment systems, and any associated release detection equipment. See Florida Regulations 62-761.200
  • system component: means any part (mechanical, electrical, and plumbing) of the storage tank system that is necessary for a tank system to operate properly and safely. See Florida Regulations 62-761.200
  • Tank: means an enclosed stationary container or structure that is designed or used to store regulated substances, and the volume of which, including the volume of underground piping, is ten percent or more buried beneath the surface of the ground. See Florida Regulations 62-761.200
    (a) For the purposes of this subsection, installation shall mean the date that the storage tank system or system component placement or construction begins
    (b) For new facilities, which are facilities that began construction after January 11, 2017, a completed Form 62-761.900(2), Storage Tank Facility Registration Form (Registration Form), effective date, July 2019, hereby adopted and incorporated by reference, shall be submitted in electronic or paper format to the Department no later than 30 days prior to installation. For facilities with existing registered storage tank systems, a completed Registration Form shall be submitted in electronic or paper format to the Department no later than seven days prior to regulated substances being put into any new storage system. The Department encourages the electronic submittal of the Registration Form available online here: http://www.fldepportal.com/go/submit-registration/, or the form can be obtained at http://www.flrules.org/Gateway/reference.asp?No=Ref-10736, or the Department’s website at https://floridadep.gov/waste/permitting-compliance-assistance/content/storage-tank-system-rules-forms-and-reference.
    (c) A completed Form 62-761.900(5), Underground Storage System Installation and Removal Form for Certified Contractors (Certified Contractors Form), effective date, July 2019, hereby adopted and incorporated by reference, shall be submitted in paper or electronic format to the County no later than 21 days after installation of a storage tank system, storage tank, or integral piping. To obtain copies of this form see Rule Fla. Admin. Code R. 62-761.900, or http://www.flrules.org/Gateway/reference.asp?No=Ref-10738, or the Department’s website at https://floridadep.gov/waste/permitting-compliance-assistance/content/storage-tank-system-rules-forms-and-reference.
    (2) For change in service status or closure pursuant to Rule Fla. Admin. Code R. 62-761.800:
    (a) A completed Registration Form shall be submitted to the Department in paper or electronic format within 10 days after completion of the change in service status or closure.
    (b) A completed Certified Contractors Form shall be submitted to the county in paper or electronic format no later than 21 days after replacement or removal of a storage tank system, including system components in contact with the soil.
    (3) A completed Registration Form shall be submitted to the Department in paper or electronic format within 10 days of the following changes or discovery:
    (a) Any change in the owner or operator of a facility or of a storage tank system.
    (b) Any change or correction in the information reported in the Registration Form. A change within the same blend of regulated substances should not be reported (e.g., regular unleaded to premium unleaded gasoline); and,
    (c) The discovery of an unregistered storage tank system.
    (4) Registration fees.
    (a) Registration fees are due from the tank or facility owner or operator, as indicated in this subsection, for all storage tank systems required to be registered. Registration fees for storage tank systems that have been properly closed in accordance with subsection Fla. Admin. Code R. 62-761.800(2), will no longer be due once any outstanding fees have been paid.
    (b) A fee of $50.00 per tank shall be submitted for each initial registration of a storage tank system. The fee shall be paid within 30 days after receipt of an invoice by the Department.
    (c) A renewal fee of $25.00 per tank shall be paid to the Department for each storage tank system by July 1 each year.
    (d) A fee of $25.00 per tank shall be paid to the Department for each tank that is replaced. The fee shall be paid within 30 days after receipt of an invoice by the Department.
    (e) A late fee of $20.00 per tank shall be paid to the Department for any renewal that is received after July 31.
    (f) Upon receipt of payment of all applicable initial registration fees and annual renewal fees, each facility shall receive a registration placard, pursuant to Florida Statutes § 376.3077 The placard shall be displayed in plain view in the office, kiosk, or at another suitable location at the facility where the storage tank system is located. Posted on the Department website will be information regarding those motor fuel facilities who have delinquent registration fees. To access this information go to: https://floridadep.gov/waste/permitting-compliance-assistance/content/storage-tank-system-rules-forms-and-reference.
    (5) Unless a valid registration placard is displayed in plain view as required by paragraph Fla. Admin. Code R. 62-761.400(4)(f), no motor fuel may be deposited into a storage tank required to be registered pursuant to this rule. Facility owners, operators, and suppliers are each responsible for compliance with this provision. For the purposes of this rule, motor fuels mean petroleum products, including petroleum products blended with biofuels, used for the operation of a motor or engine.
    (6) Revocation of Registration Placard.
The Department may revoke a registration placard for noncompliance violation(s) for the failure to:
    (a) Install, maintain, and operate leak detection equipment pursuant to rule Fla. Admin. Code R. 62-761.600;
    (b) Meet storage tank system requirements pursuant to rule Fla. Admin. Code R. 62-761.500;
    (c) Respond to and abate an ongoing discharge, pursuant to rule Fla. Admin. Code R. 62-761.440, or
    (d) Maintain adequate financial responsibility pursuant to rule Fla. Admin. Code R. 62-761.420
The Department shall provide written notice to the owner and operator of the underground storage tank system facility 30 business days prior to denying or revoking a registration placard. Owners of facilities shall give written notice to the Department when such deficiencies are corrected, and the county or Department shall re-inspect the facility, or otherwise determine if the deficiencies have been corrected, within two business days of receiving such notice. The Department shall release revoked registration placards within three business days of the re-inspection, or other confirming activity, if all deficiencies have been corrected to the Department’s satisfaction. The Department shall establish, maintain, and post on its website a list of previously registered facilities that do not have a valid registration placard. This list will not include previously registered facilities for which all storage tank systems have been closed or removed in accordance with Department rules.
    (7) Delivery prohibitions.
    (a) No owner, operator, or supplier shall deposit any motor fuels into a storage tank system regulated under this chapter unless that owner or operator has a valid, current registration placard issued by the Department covering that storage tank system. For the purposes of this rule, motor fuels mean petroleum products, including petroleum products blended with biofuels, used for the operation of a motor or engine.
    (b) It is an affirmative defense to the imposition of an administrative penalty for a violation of paragraph (a) of this subsection, that the owner, operator, or supplier delivering a regulated substance into a storage tank system relied on registration information for the storage tank system obtained from the Department’s website not more than 30 days before the date of delivery.
Rulemaking Authority 376.303 FS. Law Implemented 376.303, 376.3077, 489.133 FS. History—New 12-10-90, Formerly 17-761.400, Amended 9-30-96, 7-13-98, 6-21-04, 8-7-14, 1-11-17, 7-9-19.
Editorial Note: Portions of this rule were relocated to Rule Fla. Admin. Code R. 62-761.420