(1) Financial responsibility is the ability to pay for cleanup of a discharge and third-party liability resulting from a discharge of petroleum or petroleum product at the facility.
Terms Used In Florida Regulations 62-761.420
- Closure Report: is a report prepared in accordance with Instructions for Conducting Sampling During Underground Storage Tank Closure, July 2019 Edition. 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
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Limited Closure Report: means Limited Closure Report Form for USTs 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
- 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
- Venue: The geographical location in which a case is tried.
(2) Financial responsibility shall be maintained and demonstrated to the county or Department for all storage tank systems until the storage tank systems are properly closed pursuant to subsections 62-761.800(2) and (3), F.A.C., and the Closure Report or the Limited Closure Report Form for USTs 62-761.900(8), effective date, October 2019, hereby adopted and incorporated by reference, is submitted to and approved by the county or the Department. To obtain copies of Form 62-761.900(8), see Rule 62-761.900, F.A.C., or http://www.flrules.org/Gateway/reference.asp?No=Ref-10740, or the Department’s website at https://floridadep.gov/waste/permitting-compliance-assistance/content/storage-tank-system-rules-forms-and-reference. Pursuant to Florida Statutes § 376.309(1), the facility owner is required to establish and maintain evidence of financial responsibility and is liable in event of noncompliance. If the facility owner, facility operator, tank owner, and tank operator are separate persons, then evidence of financial responsibility may be demonstrated if one of those persons obtains financial responsibility on behalf of the facility owner.
(3) The demonstration of financial responsibility for storage tank systems shall be made in accordance with reference guideline Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks (UST), Financial Responsibility, 40 CFR Part 280, Subpart H, July 15, 2015, incorporated by reference in paragraph 62-761.300(2)(m), F.A.C., and obtained in paragraph 62-761.210(2)(n), F.A.C. However, Department Form 62-761.900(3), effective date, October 2019, Financial Mechanisms for Storage Tanks, hereby adopted and incorporated by reference, and available in Rule 62-761.900, F.A.C., or http://www.flrules.org/Gateway/reference.asp?No=Ref-11120, or the Department’s website at https://floridadep.gov/waste/permitting-compliance-assistance/content/storage-tank-system-rules-forms-and-reference, shall be used in lieu of the United States Environmental Protection Agency’s financial wording.
(4) The appropriate part(s) of Form 62-761.900(3) shall be completed and maintained when demonstrating proof of financial responsibility under this rule, and Form 62-761.900(3) Part P will satisfy the Certification of Financial Responsibility requirements of 40 CFR 280.111(b)(11). Facility owners shall ensure that copies of the current financial responsibility document(s) are available for inspection at the facility where the storage tank system(s) is located or at their place of business. Records kept off-site shall be made available for inspection by the Department or County within five business days from the receipt of the Department’s or county’s request. Facility owners are required to maintain evidence of financial responsibility mechanisms in accordance with paragraph 62-761.710(3)(h), F.A.C., and are encouraged to maintain all correspondence associated with coverage and claims.
(5) Financial requirements for the purpose of this rule, regardless of the date of installation of storage tank systems, shall comply with this rule.
(6) Notwithstanding the facility owner’s financial responsibility status, those persons specified in sections 376.308(1), and 403.141 and 403.161, F.S., shall be liable for any discharge at the facility.
(7) Financial responsibility mechanisms may not include choice of law and venue in favor of jurisdictions other than Florida.
(8) Government-owned facilities demonstrating proof of financial responsibility using a financial test or government fund must prepare the relevant parts of Form 62-761.900(3), within 180 days after the close of each succeeding fiscal year.
Rulemaking Authority 376.303 FS. Law Implemented 376.303, 376.308, 376.309, 403.091, 403.141, 403.161 FS. History—New 1-11-17, Amended 10-13-19.
Editorial Note: Portions of this rule were copied from Rule 62-761.400, F.A.C.