(1) For
installations:
(a) For the purposes of this
subsection, installation shall mean the date that the storage tank system or
system component placement or construction begins
(b) For new facilities, which are facilities
that began construction after January 11, 2017
, a completed
Form
62-761.900(2),
Storage Tank Facility Registration Form (Registration Form), effective date,
July 2019, hereby adopted and incorporated by reference, shall be submitted in
electronic or paper format to the Department no later than 30 days prior to
installation. For facilities with existing registered storage tank systems, a
completed Registration Form shall be submitted in electronic or paper format to
the Department no later than seven days prior to regulated substances being put
into any new storage system. The Department encourages the electronic submittal
of the Registration Form available online here:
http://www.fldepportal.com/go/submit-registration/,
or the form can be obtained at
http://www.flrules.org/Gateway/reference.asp?No=Ref-10736,
or the Department's website at
https://floridadep.gov/waste/permitting-compliance-assistance/content/storage-tank-system-rules-forms-and-reference.
(c) A completed Form
62-761.900(5),
Underground Storage System Installation and Removal Form for Certified
Contractors (Certified Contractors Form), effective date, July 2019, hereby
adopted and incorporated by reference, shall be submitted in paper or
electronic format to the County no later than 21 days after installation of a
storage tank system, storage tank, or integral piping. To obtain copies of this
form see Rule
62-761.900, F.A.C., or
http://www.flrules.org/Gateway/reference.asp?No=Ref-10738,
or the Department's website at
https://floridadep.gov/waste/permitting-compliance-assistance/content/storage-tank-system-rules-forms-and-reference.
(2) For change in service status or closure
pursuant to Rule
62-761.800, F.A.C.:
(a) A completed Registration Form shall be
submitted to the Department in paper or electronic format within 10 days after
completion of the change in service status or closure pursuant to subparagraph
62-761.800(2)(b)
6., F.A.C.
(b) A completed
Certified Contractors Form shall be submitted to the county in paper or
electronic format no later than 21 days after replacement or removal of a
storage tank system, including system components in contact with the
soil.
(3) A completed
Registration Form shall be submitted to the Department in paper or electronic
format within 10 days of the following changes or discovery:
(a) Any change in the account owner, defined
as the party responsible for payment of registration fees at the facility
location, owner or operator of a facility or of a storage tank
system.
(b) Any change or
correction in the information reported in the Registration Form. A change
within the same blend of regulated substances should not be reported (e.g.,
regular unleaded to premium unleaded gasoline); and,
(c) The discovery of an unregistered storage
tank system.
(4)
Registration fees.
(a) Registration fees are
due from the account owner for all storage tank systems required to be
registered. Registration fees for storage tank systems that have been properly
closed in accordance with subsection
62-761.800(2),
F.A.C., will no longer be due once any outstanding fees have been
paid.
(b) A fee of $50.00 per tank
shall be submitted for each initial registration of a storage tank system. The
fee shall be paid within 30 days after receipt of an invoice by the
Department.
(c) A renewal fee of
$25.00 per tank shall be paid to the Department for each storage tank system by
July 1 each year.
(d) For new
account owners of currently registered storage tank systems, a fee of $25.00
per tank shall be paid to the Department within 30 days of receipt of an
invoice from the Department.
(e) A
fee of $25.00 per tank shall be paid to the Department for each tank that is
replaced. The fee shall be paid within 30 days after receipt of an invoice by
the Department.
(f) Late fees. Any
payment made more than 30 days after the date it is due is delinquent and the
registrant must pay an additional fee of $20.00 for each tank for which the
payment is overdue.
(g) Upon
receipt of payment of all applicable initial registration fees and annual
renewal fees, each facility shall receive a registration placard, pursuant to
Section
376.3077, F.S. The placard shall
be displayed in plain view in the office, kiosk, or at another suitable
location at the facility where the storage tank system is located. Posted on
the Department website will be information regarding those motor fuel
facilities who have delinquent registration fees. To access this information go
to:
https://floridadep.gov/waste/permitting-compliance-assistance/content/storage-tank-system-rules-forms-and-reference.
(5) Unless a valid registration placard is
displayed in plain view as required by paragraph
62-761.400(4)(f),
F.A.C., no motor fuel may be deposited into a storage tank required to be
registered pursuant to this rule. Facility owners, operators, and suppliers are
each responsible for compliance with this provision. For the purposes of this
rule, motor fuels mean petroleum products, including petroleum products blended
with biofuels, used for the operation of a motor or engine.
(6) Revocation of Registration Placard.
The Department may revoke a registration placard for
noncompliance violation(s) for the failure to:
(a) Install, maintain, and operate leak
detection equipment pursuant to Rule
62-761.600, F.A.C.;
(b) Meet storage tank system requirements
pursuant to Rule
62-761.500, F.A.C.;
(c) Respond to and abate an ongoing
discharge, pursuant to Rule
62-761.440, F.A.C., or
(d) Maintain adequate financial
responsibility pursuant to Rule
62-761.420, F.A.C.
The Department shall provide written notice to the owner and
operator of the underground storage tank system facility 30 business days prior
to denying or revoking a registration placard. Owners of facilities shall give
written notice to the Department when such deficiencies are corrected, and the
county or Department shall re-inspect the facility, or otherwise determine if
the deficiencies have been corrected, within two business days of receiving
such notice. The Department shall release revoked registration placards within
three business days of the re-inspection, or other confirming activity, if all
deficiencies have been corrected to the Department's satisfaction. The
Department shall establish, maintain, and post on its website a list of
previously registered facilities that do not have a valid registration placard.
This list will not include previously registered facilities for which all
storage tank systems have been closed or removed in accordance with Department
rules.
(7)
Delivery prohibitions.
(a) No owner, operator,
or supplier shall deposit any motor fuels into a storage tank system regulated
under this chapter unless that owner or operator has a valid, current
registration placard issued by the Department covering that storage tank
system. For the purposes of this rule, motor fuels mean petroleum products,
including petroleum products blended with biofuels, used for the operation of a
motor or engine.
(b) It is an
affirmative defense to the imposition of an administrative penalty for a
violation of paragraph (a) of this subsection, that the owner, operator, or
supplier delivering a regulated substance into a storage tank system relied on
registration information for the storage tank system obtained from the
Department's website not more than 30 days before the date of
delivery.
Notes
Fla. Admin. Code Ann. R. 62-761.400
Rulemaking Authority
376.303 FS. Law Implemented
376.303,
376.3077,
489.133
FS.
New 12-10-90, Formerly
17-761.400, Amended 9-30-96, 7-13-98, 6-21-04, Amended by
Florida
Register Volume 40, Number 141, July 22, 2014 effective
8/7/2014, Amended by
Florida
Register Volume 42, Number 250, December 28, 2016 effective
1/11/2017, Amended
by
Florida
Register Volume 45, Number 123, June 25, 2019 effective
7/9/2019, Amended by
Florida
Register Volume 49, Number 114, June 13, 2023 effective
6/25/2023.
Portions of this rule were relocated to Rule
62-761.420, F.A.C., on
1-11-2017.
New 12-10-90, Formerly 17-761.400, Amended 9-30-96,
7-13-98, 6-21-04, 8-7-14, 1-11-17, 7-9-19,
6-25-23.
