Fla. Admin. Code Ann. R. 62-762.431 - Incidents

(1) Incidents include:

(a) The following positive responses of release detection devices or methods described in Rules 62-762.601 and 62-762.602, F.A.C.:

1. Any visual inspection of any part of a storage tank system, dispenser, pipe, valve, pump, or other wetted portion of the system containing regulated substances that reveals uncontrolled pitting corrosion, structural damage, leakage, or other similar problems,

2. Any visual observation of regulated substances in a containment sump,

3. Any alarm that indicates that liquid, vacuum, or pressure monitoring levels are not being maintained; or that liquid, other than condensate, has been detected by a sensor in a normally dry interstice or a dispenser, piping, hydrant, or containment sump,

4. Any visual observation that indicates that liquid level hydrostatic monitoring levels are not being maintained,

5. Any complete loss of vacuum or a 50 percent change in pressure from one month to the next, or any change in pressure exceeding 50 percent of the initial level or of a pressure level that is reestablished at the time of an incident investigation or annual testing of the gauge,

6. Any visual inspection that indicates the presence of water, other than condensate, or regulated substances in the interstice,

7. Any instance where a mechanical line leak detector is restricting flow,

8. Any instance where an electronic line leak detector has shut off power to the pump; and,

9. Any instance where a monitoring device has shut off the pump.

(b) A failed integrity test for the following components:

1. Double-bottomed field erected storage tanks,

2. Double-walled integral piping,

3. Hydrant sumps; and,

4. Spill containment systems.

(c) The presence of odors of regulated substances from surface water or groundwater, soil, basements, sewers, and utility lines at a facility or in the surrounding area from which it could be reasonably concluded that a release or discharge may have occurred;

(d) The loss of regulated substances from a storage tank system exceeding 100 gallons on impervious surfaces, other than secondary containment, such as driveways, airport runways, or other similar asphalt or concrete surfaces, provided that the loss does not come in contact with pervious surfaces;

(e) The loss of a regulated substance exceeding 500 gallons inside a dike field area with secondary containment; and,

(f) A failed Closure Integrity Evaluation.

(2) If an incident occurs at a facility, actions shall be initiated within 24 hours of discovery to investigate the incident to determine if a discharge has occurred.

(3) Notification of the discovery of any incident shall be made to the county on an INF in writing or electronic format within 72 hours of the discovery or before the close of the county's next business day. However, an INF is not required to be submitted if, within 72 hours of discovery, the investigation of the incident confirms that a discharge did or did not occur.

(4) In cases where an INF is required to be submitted, the investigation shall be completed within 14 days of the date of discovery of the incident to determine if a discharge has occurred. Incident investigations that require additional time can be extended for cause with the prior written approval of the Department or the county. For cause includes issues that are out of the control of the owner such as a local government permitting delay, lack of contractor availability within the 14-day time period, or engineering constraints.

(5) At the end of the 14 day time period to investigate the incident, or at the end of an alternate time period approved by the Department or the county, a determination must be made as to whether the incident was a discharge. If the incident was a discharge, then a DRF shall be submitted in writing or electronic format to the county. If the incident was not a discharge, then a written confirmation and explanation that the incident was not a discharge shall be submitted in writing or electronic format to the county.

(6) The removal of any release of regulated substances into secondary containment shall be initiated within three days of discovery, and completed within 30 days of discovery.

(7) If a discharge is discovered at any time during the incident investigation, the discharge shall be reported on a DRF in writing or electronic format, within 24 hours of discovery or before the close of the next business day, and a discharge response shall be initiated in accordance with subsection 62-762.441(6), F.A.C.

(8) All incidents, as identified in subsection 62-762.431(1), F.A.C., regardless of whether an INF is required to be submitted, shall be documented and records kept until storage tank system closure in accordance with Rule 62-762.711, F.A.C. Test results or reports, which support the investigation findings, shall be maintained as records.

Notes

Fla. Admin. Code Ann. R. 62-762.431

Rulemaking Authority 376.303 FS. Law Implemented 376.303 FS.

Adopted by Florida Register Volume 42, Number 250, December 28, 2016 effective 1/11/2017, Amended by Florida Register Volume 45, Number 191, October 1, 2019 effective 10/17/2019.

Portions of this rule were copied from Rule 62-762.821, F.A.C.

New 1-11-17, Amended 10-17-19.