(1) For purposes of this rule section, a “nonpetroleum de minimis discharge” means a discharge of pollutants or hazardous substances excluding petroleum or petroleum products as defined in sections 376.301(32) and (33), F.S., that is removed from the soil, sediment, surface water, and groundwater to CTLs or background concentrations pursuant to subsection 62-780.680(1), F.A.C., within a period of 30 days from the discovery of the discharge.
Terms Used In Florida Regulations 62-780.550
- 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
- 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.
- 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
- 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 62-780. See Florida Regulations 62-780.200
- PRSR: means person responsible for site rehabilitation. 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
- 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
(2) Nonpetroleum de minimis discharges shall as addressed as an interim source removal and shall be subject to the applicable requirements of rule 62-780.525, F.A.C., except for the notification and reporting requirements of that rule and the notification requirements of subsection 62-780.220(1), F.A.C. De minimis discharges of drycleaning solvents shall not be exempt from the reporting requirements of subsection 62-780.210(2), F.A.C.
(3) The PRSR shall maintain records of the actions that were taken in response to the discharge including the information required pursuant to paragraph 62-780.525(7)(a), F.A.C., for five years from the date of the discharge. The records shall be made available to the Department upon request. Upon completing activities and maintaining records in accordance with this rule, no other site rehabilitation requirements of this chapter are required to be followed unless, upon Department review, the criteria of this rule have not been met.
Rulemaking Authority 376.30701, 376.3078(4), 376.81 FS. Law Implemented 376.30701, 376.3078(4), 376.81 FS. History—New 4-17-05, Amended 6-12-13, 2-2-17.