(1) For purposes of this rule section, a “petroleum or petroleum product de minimis discharge” means a discharge of petroleum or petroleum products of less than 25 gallons onto a pervious surface or that moves onto a pervious surface from an impervious surface. Such discharge is exempt from the notification requirements of subsection 62-780.220(1), rules 62-780.500 and Fla. Admin. Code R. 62-780.525, as long as the discharge is removed and properly treated or properly disposed, or otherwise remediated, pursuant to the applicable provisions of rule 62-780.500 or Fla. Admin. Code R. 62-780.525, so that CTLs or background concentrations pursuant to subsection Fla. Admin. Code R. 62-780.680(1), are achieved.

Terms Used In Florida Regulations 62-780.560

  • 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
  • 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
  • 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
  • Emergency response action: means activities intitiated pursuant to rule Fla. See Florida Regulations 62-780.200
  • FDEP: means the Florida Department of Environmental Protection. 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
  • 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. See Florida Regulations 62-780.200
  • Site: means "contaminated site" as defined in Florida Statutes § 376. See Florida Regulations 62-780.200
  • 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. See Florida Regulations 62-780.200
    (2) For purposes of this rule section, a “petroleum or petroleum product de minimis discharge” also means a discharge of petroleum or petroleum products of 25 to 500 gallons onto a pervious surface or that moves onto a pervious surface from an impervious surface, that is not associated with a regulated petroleum storage system and has not impacted groundwater, and for which the FDEP Office of Emergency Response oversees the response actions, if at the conclusion of the emergency response action, CTLs or background concentrations pursuant to subsection Fla. Admin. Code R. 62-780.680(1), are achieved. These de minimis discharges shall be addressed as an emergency response removal or an interim source removal and shall be subject to the applicable requirements of rule 62-780.500 or Fla. Admin. Code R. 62-780.525, respectively, including notification and reporting. If the information presented in the Emergency Source Removal Report or Interim Source Removal Report confirms that no contamination remains at the conclusion of the emergency response action, the Department will indicate in writing that information provided on a Discharge Reporting Form, incorporated in rule Fla. Admin. Code R. 62-761.900 [Form Number 62-761.900(1)], or other discharge record will no longer be tracked by the Division of Waste Management and that no other site rehabilitation requirements of this chapter are required to be followed.
Rulemaking Authority 376.303, 376.3071 FS. Law Implemented 376.303, 376.315, 376.3071 FS. History—New 6-12-13, Amended 2-2-17.