(1) Program Application.

Terms Used In Florida Regulations 62-781.200

  • Applicant: means the owner, operator, or real property owner responsible for submitting the application package as identified on the Drycleaning Solvent Cleanup Program Application, DEP Form 62-781. See Florida Regulations 62-781.100
  • Operator: means any person operating a drycleaning facility or wholesale supply facility, whether by lease, contract, or other form of agreement. See Florida Regulations 62-781.100
  • Owner: means any person owning a drycleaning facility or wholesale supply facility. See Florida Regulations 62-781.100
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
    (a) The owner, operator, and real property owner of any operating drycleaning facility or wholesale supply facility may apply to the program by jointly submitting a completed application package to the Department. The completed application package shall include:
    1. A completed Drycleaning Solvent Cleanup Program Application, DEP Form 62-781.900(1), prepared and signed by the owner, operator, and real property owner. In the event that joint signatures by the owner, operator and real property owner are unobtainable as required by Rule Fla. Admin. Code R. 62-781.200(1)(a), then the applicant shall forward by certified mail, a Notice Letter for Joint Application, DEP Form 62-781.900(2), and a copy of the Drycleaning Solvent Cleanup Program Application, DEP Form 62-781.900(1), to each non-signing party. Each non-signing party shall have thirty (30) days to complete, sign and return the Drycleaning Solvent Cleanup Program Application, DEP Form 62-781.900(1), to the applicant. If all joint signatures are not obtained within thirty (30) days after any Notice Letter for Joint Application, DEP Form 62-781.900(2), has been transmitted, then the applicant may submit to the Department a completed application package pursuant to Rule Fla. Admin. Code R. 62-781.200, with the signatures then available, a copy of each Notice Letter for Joint Application, DEP Form 62-781.900(2), and a copy of the return receipt for each Notice Letter for Joint Application; and
    2. A completed Site Screening Report, DEP Form 62-781.900(3), prepared in accordance with the Site Screening Report Guidance Manual (DC-GM1), which is adopted and incorporated by reference in this section. Copies of the Site Screening Report Guidance Manual (DC-GM1) may be obtained by writing to the Department of Environmental Protection, Bureau of Waste Cleanup, Mail Station 4520, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.
    (b) The real property owner of any real property on which a drycleaning facility or wholesale supply facility was operated and ceased operating prior to application to the program may apply to the program by submitting a completed application package to the Department. The completed application package shall include:
    1. A completed Drycleaning Solvent Cleanup Program Application, DEP Form 62-781.900(1), prepared and signed by the real property owner; and
    2. A completed Site Screening Report, DEP Form 62-781.900(3), prepared in accordance with the Site Screening Report Guidance manual (DC-GM1), which is adopted and incorporated by reference in this section. Copies of the Site Screening Report Guidance Manual (DC-GM1) may be obtained by writing to the Department of Environmental Protection, Bureau of Waste Cleanup, Mail Station 4520, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.
    (2) Eligibility Determination. The Department shall review the application package for completeness. If the Department determines that the application package is incomplete, then the Department will notify the applicant and return the application package. The applicant may resubmit the application package to the Department after providing the additional information required by the Department. If the Department determines that the application package is complete, then the Department will review the application package and determine if the conditions of eligibility set forth in s. 376.3078, F.S., have been met. The Department shall make an eligibility determination within one-hundred twenty (120) days after receipt of a complete application package. The failure of the Department to meet the time frames set forth herein shall not be a default determination of program eligibility. Upon completion of eligibility determination the Department shall notify the applicant in writing as to whether the drycleaning facility or wholesale supply facility is eligible for the program. If the Department denies eligibility for a completed application package, the notice of denial shall specify the reasons for the denial and shall constitute agency action subject to the provisions of Florida Statutes Chapter 120
    (3) Priority Ranking. The Department shall score and administer the priority ranking of eligible sites pursuant to ss. 376.3078(5) and (6), F.S.
Specific Authority 376.3078 FS. Law Implemented Florida Statutes § 376.3078. History—New 3-13-96.