Fla. Admin. Code Ann. R. 62-780.150 - Applicability

(1) This chapter applies to site rehabilitation conducted at sites contaminated with pollutants, hazardous substances, drycleaning solvents, petroleum and petroleum products, and supersedes chapters 62-770, 62-782, and 62-785, F.A.C., subject to the grandfathering provisions of subsection 62-780.150(5), F.A.C. Any correspondence, reports, cleanup agreement documents, contracts or similar documents that reference superseded rules are not required to be amended to remain valid and in force.

(2) Every person who has legal responsibility for site rehabilitation pursuant to chapter 376 or 403, F.S., except those specifically excluded herein, shall comply with the provisions of this chapter and are subject to enforcement to compel compliance with the provisions of this chapter.

(3) Any person who voluntarily rehabilitates a site shall comply with the provisions of this chapter if that person wishes the Department to review any documents concerning site rehabilitation or issue any order with respect to completion of the rehabilitation tasks. The cleanup criteria contained in this chapter shall apply to voluntary cleanups conducted at all sites contaminated with drycleaning solvents including site rehabilitation at drycleaning facilities or wholesale supply facilities governed by the terms of a Voluntary Cleanup Agreement (VCA) executed by the Person Responsible for Site Rehabilitation (PRSR) and the Department pursuant to section 376.3078(11), F.S. The cleanup criteria contained in this chapter also shall apply to any voluntary brownfield site rehabilitation that is governed by the terms of a Brownfield Site Rehabilitation Agreement (BSRA), within a designated brownfield area. The BSRA shall be executed by the person responsible for brownfield site rehabilitation (i.e., the PRSR) and the Department pursuant to section 376.80(5), F.S.

(4) This chapter applies to site rehabilitation conducted as a state-managed cleanup by the Department.

(5) This chapter and the CTLs developed pursuant to this chapter apply to site rehabilitation whether the release or discharge causing or contributing to the contamination occurred prior to, on, or after the effective date of this chapter, unless:

(a) The Department has accepted CTLs for a site in an approved technical document (for example, a Risk Assessment Report, a Natural Attenuation Monitoring Plan, or a Remedial Action Plan), Brownfields Site Rehabilitation Agreement, current permit, Superfund Record of Decision with which the Department has concurred, or other cleanup agreement document (CAD) with the Department, and the PRSR continues the activities necessary to achieve those CTLs in accordance with the approved technical document, permit, Superfund Record of Decision, or other CAD until those CTLs are achieved, or

(b) The site has received a "No Further Action" determination or a Site Rehabilitation Completion Order from the Department prior to April 17, 2005. However, the PRSR may elect to have the criteria of this chapter, including CTLs established pursuant thereto, apply in lieu of those in an approved technical document, current permit, or other CAD.

(6) This chapter shall be applied in conjunction with chapter 62-777, F.A.C., to determine the appropriate CTLs for a contaminated site. chapter 62-777, F.A.C., provides default groundwater, surface water, and soil CTLs, as well as natural attenuation default concentrations for groundwater. chapter 62-777, F.A.C., also includes a listing of soil properties and test methods, a listing of site-specific conditions and geochemical parameters, and default parameters and equations that may be used to establish CTLs for discharged pollutants, chemicals or other substances that are not listed in chapter 62-777, F.A.C., or to develop alternative groundwater and soil CTLs for listed contaminants.

(7) CTLs for each contaminant found in groundwater, surface water, or soil, as specified in chapter 62-777, F.A.C., Tables I and II, or derived pursuant to chapter 62-777, F.A.C., or alternative CTLs that may be established pursuant to rule 62-780.650 or 62-780.680, F.A.C., are applicable in implementing the provisions of this chapter and are enforceable by the Department pursuant to this chapter at contaminated sites at which legal responsibility for site rehabilitation exists.

(8) For contaminants found at the site about which information regarding the actual circumstances of exposure has been provided to the PRSR, the CTLs for the affected medium or media, except where a state water quality standard is applicable, shall be adjusted (if appropriate) to take into account the site-specific exposure conditions including multiple pathways of exposure that affect the same individual or subpopulation, and site-specific CTLs shall be calculated taking into account potential dose additivity of contaminants.

(9) If a Consent Order, permit or CAD that requires assessment and rehabilitation of a site has been entered into with the Department prior April 17, 2005, compliance with the terms of the Consent Order, permit or CAD shall constitute compliance with the provisions of this chapter.

(10) This chapter does not apply to the rehabilitation of sites contaminated with radiological substances to the extent that such rehabilitation is governed by chapter 404, F.S., or the Federal Atomic Energy Act of 1954, Chapter 1073, Statute 923, as amended.

(11) Receipt of approval pursuant to this chapter does not relieve the PRSR from the obligation to comply with other Department rules (for example, chapters 62-701, 62-713, and 62-730, F.A.C.) regarding disposal, relocation, or treatment of contaminated media. The PRSR is advised that other federal, state, or local laws and regulations may apply to these activities.

Notes

Fla. Admin. Code Ann. R. 62-780.150

Rulemaking Authority 376.303, 376.3071, 376.30701, 376.3078(4), 376.81 FS. Law Implemented 376.3071, 376.30701, 376.3078(4), 376.81 FS.

New 4-17-05, Amended 6-12-13, Amended by Florida Register Volume 43, Number 011, January 18, 2017 effective 2/2/2017. Editorial Note: Portions of this rule were copied from rule 62-770.160, Formerly 17-70.004 and Formerly 17-770.160; 62-782.150; and 62-785.150, F.A.C.

Portions of this rule were copied from rule 62-770.160, Formerly 17-70.004 and Formerly 17-770.160; 62-782.150; and 62-785.150, F.A.C.

New 4-17-05, Amended 6-12-13, 2-2-17.