Fla. Admin. Code Ann. R. 62-520.700 - Ground Water Corrective Action
Whether or not an installation is operating under a currently valid Department permit, the Department has the authority to order the installation owner to take corrective action under the following circumstances:
(1) When the
installation is discharging into the ground water in a manner that represents
an imminent hazard to public health, the Department shall require the
installation owner to take immediate action to remove or reduce the hazard in
such a way as to prevent any threat to the public health and the environment.
Such action includes clean up of the aquifer, halting the discharge, or
confinement or containment of the water plume.
(2) When no imminent hazard exists, but the
plume has extended beyond the zone of discharge or otherwise threatens or is
likely to threaten in the foreseeable future to impair the designated use of an
underground source of drinking water or surface water immediately affected by
the ground water, the Department shall require the installation owner to take
appropriate action to clean up, increase the degree of treatment prior to
discharge, contain or otherwise correct the violation of water quality
standards. The type of corrective action shall be based upon the following
factors:
(a) Direction of the plume movement
in relationship to existing and potential sources of drinking water;
(b) Plume size both in the areal and vertical
dimensions;
(c) Rate of migration
of the plume;
(d) Level of toxicity
of the plume;
(e) Rate at which the
plume is being diluted;
(f) The
costs of clean up or other corrective action in comparison with the benefits to
the public of such corrective action; and,
(g) Current and projected future use of
adjacent ground and surface waters affected by the
plume.
Notes
Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.061, 403.087, 403.088, 403.121, 403.141, 403.161 FS.
New 9-8-92, Formerly 17-522.700, 62-522.700, Amended 7-12-09.
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