(1) Incidents include:
Terms Used In Florida Regulations 62-761.430
- 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
- Dispenser: means a dispensing system that is used to transfer regulated substances from a fixed point to a vehicle or portable container. See Florida Regulations 62-761.200
- Dispenser sump: means a storage tank system component installed as secondary containment beneath a dispenser to prevent discharges of regulated substances. See Florida Regulations 62-761.200
- Double-walled: means a storage tank system or system component that has an outer wall that provides secondary containment. See Florida Regulations 62-761.200
- DRF: means Discharge Report Form 62-761. See Florida Regulations 62-761.200
- Impervious: means : (a) A synthetic material or another material registered in accordance with subsection 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
- 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
- Integrity test: means a determination of the liquid tightness of a storage tank system or system component using one of the following types of tests: (a) "Interstitial integrity test" means an evaluation of the interstitial space in a double-walled storage tank system or system component using vacuum, pressure, liquid filled monitoring systems, or equivalent test methods certified by a Nationally Recognized Testing Laboratory, or (b) "Primary integrity test" means an evaluation of the liquid tightness of the primary tank or integral piping, or (c) "Containment integrity test" means an evaluation of the liquid tightness of hydrant pits, isolation valve pits, piping sumps, dispenser sumps, and spill containment systems. See Florida Regulations 62-761.200
- Interstice: means the space between the primary and secondary wall of a storage tank system or system component. See Florida Regulations 62-761.200
- Out-of-service: means a storage tank system or system component that is designated as out-of-service by the owner or operator to the Department on Storage Tank Facility Registration Form 62-761. See Florida Regulations 62-761.200
- piping: means any hollow cylindrical or tubular conveyance through which regulated substances flow. 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
- Secondary containment: means a release detection and discharge prevention system that meets the performance requirements of paragraph 62-761. 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
- Sump: means a storage tank system component installed as secondary containment to prevent discharges of regulated substances. 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) The following positive responses of release detection devices or methods described in Rule 62-761.600, F.A.C.:
1. Any visual observation of regulated substances in a piping or dispenser sump,
2. Any alarm that indicates that liquid, vacuum, or pressure monitoring levels are not being maintained, or that liquid has been detected by a sensor in a normally dry interstice or a dispenser, piping or containment sump,
3. Any visual observation that indicates that liquid monitoring levels are not being maintained,
4. Any complete loss of vacuum or a 50 percent change in pressure from one month to the next, or any change in pressure exceeding 50 percent of the initial level or of a pressure level that is reestablished at the time of an incident investigation or annual testing of the gauge,
5. Any visual inspection that indicates the presence of groundwater or surface water, other than condensate, or regulated substances in the interstice,
6. Any instance where a mechanical line leak detector is restricting flow,
7. Any instance where an electronic line leak detector has shut off power to the pump,
8. Any instance where a monitoring device has shut off the pump,
9. Liquid in excess of one inch in an out-of-service storage tank; and,
10. Any visual inspection of any part of a storage tank system, dispenser, pipe, valve, pump, or other wetted portion of the system containing regulated substances that reveals uncontrolled pitting corrosion, structural damage, leakage, or other similar programs.
(b) A failed integrity test for the following components:
1. Double-walled storage tanks,
2. Double-walled integral piping,
3. Piping sumps,
4. Dispenser sumps; and,
5. Spill containment systems.
(c) Other unusual operating conditions, such as the erratic behavior of product dispensing equipment, the sudden loss of product from a storage tank system, or any unexplained presence of groundwater or surface water in a tank or an interstitial space;
(d) The presence of odors of a regulated substance from surface water or groundwater, soil, basements, sewers and utility lines at a facility or in the surrounding area from which it could be reasonably concluded that a release or discharge may have occurred;
(e) The loss of a regulated substance from a storage tank system exceeding 100 gallons on impervious surfaces, other than secondary containment, such as driveways, airport runways, or other similar asphalt or concrete surfaces, provided that the loss does not come in contact with pervious surfaces; and,
(f) A failed Closure Integrity Evaluation.
(2) If an incident occurs at a facility, actions shall be taken within 24 hours of discovery to investigate the incident to determine if a discharge has occurred.
(3) Notification of the discovery of any incident shall be made to the county in writing or electronic format on an INF within 72 hours of the discovery or before the close of the county’s next business day. However, an INF is not required to be submitted if, within 72 hours of discovery, the investigation of the incident confirms that a discharge did or did not occur.
(4) In cases where an INF is required to be submitted, the investigation shall be completed within 14 days of the date of discovery of the incident to determine if a discharge has occurred. Incident investigations that require additional time can be extended with the prior written approval of the Department or county.
(5) At the end of the 14 day time period to investigate the incident, or at the end of the alternate time period approved by the Department or county, either a DRF or a written confirmation and explanation that the incident was not a discharge, including documentation showing that contamination is the manifestation of a previously reported discharge, shall be submitted to the county in writing or electronic format.
(6) The removal of any release of regulated substance into secondary containment shall be initiated within three days of discovery, and completed within 30 days of discovery.
(7) If a discharge is discovered at any time during the incident investigation, the discharge shall be reported on a DRF within 24 hours of discovery, or before the close of the next business day, and a discharge response shall be initiated in accordance with subsection 62-761.440(6), F.A.C.
(8) All incidents, as identified in subsection 62-761.430(1), F.A.C., regardless of whether an INF is required to be submitted, shall be documented and records kept until storage tank system closure in accordance with rule 62-761.710, F.A.C. Test results or reports, which support the investigation findings, shall be maintained as records.
Rulemaking Authority 376.303 FS. Law Implemented Florida Statutes § 376.303. History—New 1-11-17, Amended 7-9-19.
Editorial Note: Portions of this rule were copied from Rule 62-761.820, Formerly 17-761.820, F.A.C.