(1) For installations:

Terms Used In Florida Regulations 62-761.405

  • Closure Integrity Evaluation: is a n assessment of storage tank system integrity that is performed by a third-party inspection or testing entity at closure, replacement, or change in service from a tank containing regulated substance to a non-regulated substance. 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
  • DRF: means Discharge Report Form 62-761. See Florida Regulations 62-761.200
  • Incident: is a condition or situation indicating that a release or discharge may have occurred from a storage tank system or system component. See Florida Regulations 62-761.200
  • INF: means Incident Notification Form 62-761. See Florida Regulations 62-761.200
  • Product: means any commodity made from oil or gas and includes refined crude oil, crude tops, topped crude, processed crude petroleum, residue from crude petroleum, cracking stock, uncracked fuel oil, fuel oil, treated crude oil, residuum, gas oil, casinghead gasoline, natural gas gasoline, naphtha, distillate, condensate, gasoline, used oil, kerosene, benzene, wash oil, blended gasoline, lubricating oil, blends or mixtures of oil with one or more liquid products or byproducts derived from oil or gas, and blends or mixtures of two or more liquid products or byproducts derived from oil or gas, whether hereinabove enumerated or not. 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 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 Fla. Admin. Code R. 62-761.800(3)(a), 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 Fla. Admin. Code R. 62-761.900, 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 Fla. Admin. Code R. 62-761.430, confirms that a discharge did or did not occur. To obtain copies of the INF Form see rule Fla. Admin. Code R. 62-761.900, 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 Fla. Admin. Code R. 62-761.440(5), 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, January 2017, 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 Fla. Admin. Code R. 62-780.550, or a petroleum or petroleum product de minimis discharge referenced in subsection Fla. Admin. Code R. 62-780.560(1) 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 Fla. Admin. Code R. 62-761.900, or http://www.flrules.org/Gateway/reference.asp?No=Ref-07652, 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 Florida Statutes § 403.077
Rulemaking Authority 376.303 FS. Law Implemented 376.30, 376.303, 403.077 FS. History—New 1-11-17. Amended 10-13-19.
Editorial Note: Portions of this rule were copied from 62-761.450, Formerly Fla. Admin. Code R. 17-761.450