All words and phrases defined in sections 376.301 and 376.79, F.S., shall have the same meaning when used in this chapter unless specifically stated otherwise in this chapter. See sections 376.301 and 376.79, F.S., for definitions of the following terms: “Additive effects,” “Antagonistic effects,” “Brownfield area,” “Brownfield site,” “Cleanup target level,” “Contaminant,” “Contaminated site,” “Discharge,” “Drycleaning facility,” “Drycleaning solvents,” “Hazardous substances,” “Institutional control,” “Long-term natural attenuation,” “Natural attenuation,” “Person responsible for brownfield site rehabilitation,” “Petroleum,” “Petroleum product,” “Pollutants,” “Risk reduction,” “Site rehabilitation,” “Synergistic effects,” “Temporary point of compliance,” and “Wholesale supply facility.” The following words and phrases used in this chapter shall, unless the context clearly indicates otherwise, have the following meanings:

Terms Used In Florida Regulations 62-780.200

  • Background concentrations: means concentrations of contaminants that are naturally occurring or resulting from anthropogenic impacts unrelated to the discharge of pollutants or hazardous substances at a contaminated site undergoing site rehabilitation, in the groundwater, surface water, soil, or sediment in the vicinity of the site. See Florida Regulations 62-780.200
  • BSRA: means Brownfield Site Rehabilitation Agreement. See Florida Regulations 62-780.200
  • CAD: means cleanup agreement document. See Florida Regulations 62-780.200
  • Contaminated sediment: means sediment that is contaminated as determined by the concentrations of the contaminants, actual circumstances of exposure, biological diversity studies, toxicity testing, or other evidence of harmful effects, as applicable. See Florida Regulations 62-780.200
  • contamination: means the presence of free product or any contaminant in surface water, groundwater, soil, sediment, or upon the land, in concentrations that exceed the applicable CTLs specified in chapter 62-777, F. See Florida Regulations 62-780.200
  • Contract: A legal written agreement that becomes binding when signed.
  • CSM: means conceptual site model. See Florida Regulations 62-780.200
  • Department: means the FDEP, or a county or Department of Health local program established under a contract pursuant to Florida Statutes § 376. See Florida Regulations 62-780.200
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Emergency response action: means activities intitiated pursuant to rule Fla. See Florida Regulations 62-780.200
  • 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.
  • FDEP: means the Florida Department of Environmental Protection. See Florida Regulations 62-780.200
  • Free product: means the presence of a non-aqueous phase liquid in the environment in excess of 0. See Florida Regulations 62-780.200
  • Gasoline Analytical Group: means aviation gasoline, gasohol, and motor gasoline or equivalent petroleum products. See Florida Regulations 62-780.200
  • Groundwater: means water beneath the surface of the ground within a zone of saturation, whether or not flowing through known or definite channels. See Florida Regulations 62-780.200
  • Incremental Sampling Methodology: means a structured composite sampling and processing protocol that reduces data variability and provides a reasonably unbiased estimate of mean contaminant concentrations in a volume of soil. See Florida Regulations 62-780.200
  • Kerosene Analytical Group: means diesel, Jet-A, Jet-B, JP-4, JP-5, and kerosene or equivalent petroleum products. See Florida Regulations 62-780.200
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Monitoring well: means a well constructed with a surface seal and a sand filter pack in order to provide for the collection of representative groundwater samples for laboratory analyses. See Florida Regulations 62-780.200
  • Plume: means the portion of an aquifer or aquifers in which groundwater contamination above applicable CTLs, and background concentrations as defined in subsection Fla. See Florida Regulations 62-780.200
  • PQL: means practical quantitation limit. See Florida Regulations 62-780.200
  • PRSR: means person responsible for site rehabilitation. See Florida Regulations 62-780.200
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Real property owner: means the person or entity that is vested with ownership, dominion, or legal or rightful title to the real property. See Florida Regulations 62-780.200
  • Sediment: means the unconsolidated solid matrix occurring immediately beneath any surface water body. See Florida Regulations 62-780.200
  • Site: means "contaminated site" as defined in Florida Statutes § 376. See Florida Regulations 62-780.200
  • Site assessment: means the performance of any of the tasks or activities as described in rules 62-780. See Florida Regulations 62-780.200
  • Statute: A law passed by a legislature.
  • Surface water: means water upon the surface of the earth where state water quality standards apply, whether contained in bounds created naturally or artificially or diffused. See Florida Regulations 62-780.200
  • Used oil: means any lubricants for use in internal combustion engines that have been refined from crude oil and, as a result of use, storage, or handling, have become unsuitable for their original purpose due to the presence of impurities or loss of properties, but that may be suitable for further use as a fuel or are economically recyclable for use as a fuel. See Florida Regulations 62-780.200
  • VCA: means Voluntary Cleanup Agreement. See Florida Regulations 62-780.200
    (1) “Action level” means a specified concentration of a contaminant that, if exceeded during natural attenuation with monitoring or post active remediation monitoring, may require additional site assessment or active remediation. Action levels are established during the approval process for Natural Attenuation Monitoring Plans pursuant to rule Fla. Admin. Code R. 62-780.690, and Post Active Remediation Monitoring Plans pursuant to rule Fla. Admin. Code R. 62-780.750 “Action levels” are not equivalent to “cleanup target levels.”
    (2) “Dose Additivity” is the calculated interactive effects of chemicals that share the same mechanism of toxicity. Guidance on the chemicals encompassed and methods for assessing dose additivity is provided in the “Dose Additivity” document referenced in subsection Fla. Admin. Code R. 62-780.100(24)
    (3) “Background concentrations” means concentrations of contaminants that are naturally occurring or resulting from anthropogenic impacts unrelated to the discharge of pollutants or hazardous substances at a contaminated site undergoing site rehabilitation, in the groundwater, surface water, soil, or sediment in the vicinity of the site.
    (4) “Best achievable detection limit” means the practical quantitation limit. [Refer to the PQL guidelines referenced in subsection Fla. Admin. Code R. 62-780.100(5), for guidance.]
    (5) “Brownfield Site Rehabilitation Agreement” (BSRA) means an agreement entered into between the person responsible for brownfield site rehabilitation and the Department. The BSRA shall at a minimum establish the time frames, schedules, and milestones for completion of site rehabilitation tasks and submission of technical reports, and other commitments or provisions pursuant to Florida Statutes § 376.80(5), and this chapter.
    (6) “BSRA” means Brownfield Site Rehabilitation Agreement.
    (7) “CAD” means cleanup agreement document.
    (8) “Cleanup agreement document” (CAD) means any order or agreement issued to or entered into by the Department with a Person Responsible for Site Rehabilitation, including a voluntary cleanup agreement, permit, consent order, final order, or final judgment. For brownfield sites subject to a BSRA, CAD shall mean the BSRA. The CAD shall at a minimum establish the time frames, schedules, and milestones for completion of site rehabilitation tasks and submission of technical documents, and other commitments or provisions pursuant to this chapter.
    (9) “Conceptual Site Model” (CSM) means a written and/or graphic representation of the physical, chemical and biological processes that affect the transport, migration and actual or potential exposure to contamination in all affected media to human and ecological receptors. The CSM is used to develop and refine the extent of site assessment, support remedial alternative, mitigation and cleanup technology evaluations, and support risk management decisions. The CSM is an optional submittal and may be prepared or updated at any time during site rehabilitation as new or revised information becomes available. The CSM may be a single document or combined with any other document.
    (10) “Contaminated” or “contamination” means the presence of free product or any contaminant in surface water, groundwater, soil, sediment, or upon the land, in concentrations that exceed the applicable CTLs specified in chapter 62-777, F.A.C., or water quality standards in chapter 62-302 or 62-520, F.A.C., or in concentrations that may result in contaminated sediment. At sites where alternative CTLs have been developed solely based upon intrinsic chemical properties that do not vary under different exposure scenarios (e.g., toxicity) or based upon a risk assessment where the exposure parameters have been demonstrated to be applicable throughout the study area, then such alternative CTLs are the applicable CTLs for evaluting “contaminated” or “contamination” and would supersede the CTLs specified in chapter 62-777, F.A.C. However, alternative CTLs can not be substituted for water quality standards in chapter 62-302 or 62-520, F.A.C. This definition is solely for use within chapter 62-780, F.A.C., and pursuant to section 376.30701(1)(a), F.S., shall not be used to establish legal responsibility for conducting site rehabilitation.
    (11) “Contaminated sediment” means sediment that is contaminated as determined by the concentrations of the contaminants, actual circumstances of exposure, biological diversity studies, toxicity testing, or other evidence of harmful effects, as applicable. [Refer to the sediment guidelines referenced in subsections 62-780.100(1) and (6), F.A.C., for guidance on the evaluation of contaminant concentrations, sediment quality conditions, and testing methods.]
    (12) “CSM” means conceptual site model.
    (13) “CTL” means cleanup target level as defined in Florida Statutes § 376.301
    (14) “Department” means the FDEP, or a county or Department of Health local program established under a contract pursuant to Florida Statutes § 376.3073, to assist the FDEP in the administration of the petroleum contamination site cleanup program, or a local pollution control program that has received delegated authority from the FDEP pursuant to sections 376.80(9) and 403.182, F.S., to administer all or part of the brownfields program. For more information, visit the FDEP website.
    (15) “Emergency response action” means activities intitiated pursuant to rule Fla. Admin. Code R. 62-780.500, within 24 hours of discovery of an unexpected situation or sudden occurrence of a serious and urgent nature that demands immediate action to alleviate a threat to human health, public safety, or the environment.
    (16) “Engineering control” means use of existing features (such as buildings) or modifications to a site to reduce or eliminate the potential for migration of, or exposure to, contaminants. Examples of modifications include physical or hydraulic control measures, capping, point-of-use treatments, or slurry walls.
    (17) “Excessively contaminated soil” for the purposes of section 376.3071(12)(b), F.S., means soil saturated with petroleum or petroleum products or soil that causes a total corrected hydrocarbon measurement of 500 parts per million (ppm) or higher for Gasoline Analytical Group or 50 ppm or higher for Kerosene Analytical Group. Readings shall be obtained at the site on an organic vapor analysis instrument with a flame ionization detector in the survey mode upon sampling the headspace in half-filled, 8-ounce or 16-ounce jars. Each soil sample shall be split into two jars, the two subsamples shall be brought to a temperature of between 20° C. (68° F.) and 32° C. (90° F.), and the readings shall be obtained 5 to 30 minutes thereafter. One of the readings shall be obtained with the use of an activated charcoal filter unless the unfiltered reading is nondetect. The total corrected hydrocarbon measurement shall be determined by subtracting the filtered reading from the unfiltered reading. Instruments with a photo ionization detector may be used, but shall not be used in situations where humidity will interfere with the instruments’ sensitivity (including periods of rain, measuring wet or moist soil). If an instrument with a photo ionization detector is used, a filtered reading is not warranted and therefore sample splitting is not necessary. Analytical instruments shall be calibrated in accordance with the manufacturer’s instructions.
    (18) “Exposure unit” means an area over which receptors are expected to have equal and random exposure.
    (19) “FDEP” means the Florida Department of Environmental Protection.
    (20) “Free product” means the presence of a non-aqueous phase liquid in the environment in excess of 0.01 foot in thickness, measured at its thickest point.
    (21) “Gasoline Analytical Group” means aviation gasoline, gasohol, and motor gasoline or equivalent petroleum products.
    (22) “Groundwater” means water beneath the surface of the ground within a zone of saturation, whether or not flowing through known or definite channels.
    (23) “Incremental Sampling Methodology” means a structured composite sampling and processing protocol that reduces data variability and provides a reasonably unbiased estimate of mean contaminant concentrations in a volume of soil. [Refer to “Incremental Sampling Methodology” referenced in subsection Fla. Admin. Code R. 62-780.100(21), for guidance.]
    (24) “Innovative technology” means a process that has been tested and used as a treatment for contamination, but lacks an established history of full-scale use and information about its cost and how well it works sufficient to support prediction of its performance under a variety of operating conditions.
    (25) “Interim source removal” means the removal of free product, contaminated groundwater, contaminated sediment, or contaminated soil, or the removal of contaminants from soil or sediment that has been contaminated to the extent that leaching to groundwater or surface water has occurred or is occurring, prior to approval of a Remedial Action Plan pursuant to rule Fla. Admin. Code R. 62-780.700
    (26) “ISM” means incremental sampling methodology.
    (27) “Kerosene Analytical Group” means diesel, Jet-A, Jet-B, JP-4, JP-5, and kerosene or equivalent petroleum products.
    (28) “Low yield” means groundwater that is contained in an aquifer that has an average hydraulic conductivity of less than one foot per day, determined by performing slug tests or an equivalent method for determining hydraulic conductivity on a minimum of three monitoring wells in each affected monitoring zone; and a maximum yield of 80 gallons per day, determined by pumping a four-inch well screened across the cross-section of the plume, for a minimum of two hours.
    (29) “Monitoring well” means a well constructed with a surface seal and a sand filter pack in order to provide for the collection of representative groundwater samples for laboratory analyses. Such wells may also be used to detect the presence of free product or collect water-level elevation data to aid in determining the direction of groundwater flow.
    (30) “MTBE” means Methyl tert-butyl ether.
    (31) “Newspaper of general circulation” means a newspaper published at least on a weekly basis and printed in the language most commonly spoken in the area within which it circulates, but does not include a newspaper intended primarily for members of a particular professional or occupational group, a newspaper whose primary function is to carry legal notices, or a newspaper that is given away primarily to distribute advertising.
    (32) “Organoleptic” means pertaining to, or perceived by, a sensory organ (i.e., color, taste, or odor).
    (33) “PAHs” means Polycyclic Aromatic Hydrocarbons.
    (34) “PCBs” means Polychlorinated Biphenyls.
    (35) “Person Responsible for Site Rehabilitation” (PRSR) means the Department when conducting site rehabilitation, or any of the following, which may include an agent or authorized representative, unless prohibited by statute or rule:
    (a) Any person who has legal responsibility for site rehabilitation pursuant to chapter 376 or 403, F.S., or any person who voluntarily rehabilitates a site pursuant to the requirements of this chapter and seeks an acknowledgement from the Department for approval of site rehabilitation program tasks;
    (b) The individual or entity that is designated by a local government in its resolution establishing a brownfield area to enter into the brownfield site rehabilitation agreement with the Department, and that enters into an agreement with the local government for redevelopment of the site pursuant to section 376.80(5)(i), F.S.;
    (c) The real property owner, the facility owner, the facility operator, the discharger, or other person or entity responsible for site rehabilitation, or the Department when the Department is conducting the site rehabilitation at facilities with discharges eligible for state-funded cleanup pursuant to sections 376.305(6), 376.3071(9), 376.3071(13), and 376.3072, F.S., or
    (d) A responsible party, a real property owner, or any individual or entity that has entered into a Voluntary Cleanup Agreement with the Department pursuant to section 376.3078(11)(b), F.S., that is conducting site rehabilitation at a drycleaning solvent contaminated site pursuant to this chapter.
    (36) “Petroleum products’ contaminants of concern” means the contaminants listed in Table B of this chapter (tables are located at the end of rule Fla. Admin. Code R. 62-780.900), and similar chemicals found in additives, provided the contaminants are present as a result of a discharge of petroleum or petroleum products as defined in Florida Statutes § 376.301
    (37) “Piezometer” means a permanent or temporary well that may be designed and constructed without the surface sealing or sand filter pack requirements of a monitoring well. This type of well is primarily used to detect the presence of free product or collect water-level elevation data to aid in determining the direction of groundwater flow.
    (38) “Plume” means the portion of an aquifer or aquifers in which groundwater contamination above applicable CTLs, and background concentrations as defined in subsection Fla. Admin. Code R. 62-780.200(3), has been detected.
    (39) “Poor quality” means groundwater within the affected monitoring zone with background concentrations, as defined in subsection Fla. Admin. Code R. 62-780.200(3), that exceed any of Florida’s Primary or Secondary Drinking Water Standards referenced in chapter 62-550, F.A.C.
    (40) “PQL” means practical quantitation limit.
    (41) “Practical quantitation limit” (PQL) means the lowest level that can be reliably measured during routine laboratory operating conditions within specified limits of precision and accuracy. [Refer to the PQL guidelines referenced in subsection Fla. Admin. Code R. 62-780.100(5), for guidance.]
    (42) “Product recovery” means the removal of free product.
    (43) “PRSR” means person responsible for site rehabilitation.
    (44) “Real property owner” means the person or entity that is vested with ownership, dominion, or legal or rightful title to the real property. For a drycleaning facility, this includes an individual or entity that has a ground lease interest in the real property, on which a drycleaning facility or wholesale supply facility is or has ever been located.
    (45) “Response Action Contractor” means a person who is carrying out any emergency response action activities pursuant to rule Fla. Admin. Code R. 62-780.500, including a person retained or hired by such person to provide services relating to an emergency response action.
    (46) “Sediment” means the unconsolidated solid matrix occurring immediately beneath any surface water body. The surface water body may be present part or all of the time and may support a wetland environment or vegetation.
    (47) “Site” means “contaminated site” as defined in Florida Statutes § 376.301
    (48) “Site assessment” means the performance of any of the tasks or activities as described in rules 62-780.525 and Fla. Admin. Code R. 62-780.600
    (49) “Source removal” means the removal of free product, contaminated groundwater, contaminated sediment, or contaminated soil, or the removal of contaminants from soil or sediment that has been contaminated to the extent that leaching to groundwater or surface water has occurred or is occurring, after approval of a Remedial Action Plan pursuant to rule Fla. Admin. Code R. 62-780.700
    (50) “Surface water” means water upon the surface of the earth where state water quality standards apply, whether contained in bounds created naturally or artificially or diffused. Water from natural springs shall be classified as surface water when it exits from the spring onto the earth’s surface.
    (51) “TPOC” means temporary point of compliance.
    (52) “TRPHs” means Total Recoverable Petroleum Hydrocarbons.
    (53) “UCL” means upper confidence limit estimate of the arithmetic mean.
    (54) “Used oil” means any lubricants for use in internal combustion engines that have been refined from crude oil and, as a result of use, storage, or handling, have become unsuitable for their original purpose due to the presence of impurities or loss of properties, but that may be suitable for further use as a fuel or are economically recyclable for use as a fuel. “Used oil” shall not include any used oil that has been mixed with any material that is a hazardous waste, unless the material is a hazardous waste solely due to the characteristic of ignitability as defined in 40 CFR Part 261, Subpart C (7-1-12 Edition), hereby adopted and incorporaed by reference (http://www.flrules.org/Gateway/reference.asp?No=Ref-02417).
    (55) “VCA” means Voluntary Cleanup Agreement.
    (56) “VOHs” means Volatile Organic Halocarbons.
    (57) “Voluntary Cleanup Agreement” (VCA) means an agreement entered into between a PRSR and the Department for the purpose of rehabilitating a site contaminated with drycleaning solvents. The VCA shall at a minimum establish the time frames, schedules, and milestones for completion of site rehabilitation tasks and submission of technical reports, and other commitments or provisions pursuant to Florida Statutes § 376.3078(11), and this chapter.
    (58) “Waters” or “waters of the state” means waters as defined in Florida Statutes § 403.031
Rulemaking Authority 376.303, 376.3071, 376.30701, 376.3078(4), 376.81 FS. Law Implemented 376.301, 376.3071, 376.30701, 376.3078(4), 376.81 FS. History—New 4-17-05, Amended 6-12-13, 2-2-17.
Editorial Note: Portions of this rule were copied from rule 62-770.200, Formerly 17-70.003 and Formerly 17-770.200; 62-782.200; and Fla. Admin. Code R. 62-785.200