(1) Discharges include:

Terms Used In Florida Regulations 62-761.440

  • 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
  • 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.
  • Free product: means the presence of a regulated substance as a nonaqueous phase liquid in the environment in excess of 0. 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
  • Overfill: is a n incident that occurs when a tank is filled beyond its capacity. 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
  • Sheen: means a regulated substance less than or equal to 0. 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) 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 Fla. Admin. Code R. 62-761.440(5)
    (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 Fla. Admin. Code R. 62-780.560(1), or
    (c) For non-petroleum de minimis discharges in accordance with rule Fla. Admin. Code R. 62-780.550
    (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 Fla. Admin. Code R. 62-761.800(1);
    (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 Fla. Admin. Code R. 62-761.800, 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 Fla. Admin. Code R. 62-761.700;
    (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 Fla. Admin. Code R. 62-761.500; 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 Fla. Admin. Code R. 62-761.800
Rulemaking Authority 376.303 FS. Law Implemented Florida Statutes § 376.303. History—New 1-11-17.
Editorial Note: Portions of this rule were copied from Rule 62-761.820, Formerly Fla. Admin. Code R. 17-761.820