Fla. Admin. Code Ann. R. 62-780.500 - Emergency Response Action

(1) Within 24 hours of discovery of an unexpected or sudden discharge of pollutants or hazardous substances which based on the volume, mass, concentration, toxicity, or other characteristics of such discharge requires immediate action to alleviate a threat to human health, public safety, or the environment, or within 24 hours after being notified by the Department of such a condition, the PRSR shall commence an emergency response action. For purposes of an emergency response action, "commence" means that the PRSR has employed or contracted with a response action contractor to evaluate, design, plan, engineer, construct, implement, and complete the requirements of the emergency response action, and has given the contractor the authority to proceed with the required work. The emergency response action shall include performing all tasks described in this section that are necessary to eliminate the immediate and serious threat posed by the site conditions. In addition, any PRSR may conduct an interim source removal in accordance with this section. The objectives of the emergency response action or interim source removal are to remove specific known contaminant source(s) and provide temporary control to prevent or minimize contaminant migration, and to protect human health and the environment prior to the approval of a Remedial Action Plan prepared and submitted pursuant to rule 62-780.700, F.A.C.

(2) Discharge Removal and Disposal.

(a) The PRSR shall, if necessary to alleviate a threat to human health, public safety, or the environment, perform removal of pollutants or hazardous substances consistent with the following requirements:

1. The PRSR shall provide to the Department a written notification in accordance with the time schedule in Table A, located at the end of rule 62-780.900, F.A.C., (Notices for Field Activities) that includes a description of the type and estimated volume of pollutants or hazardous substances to be removed, and proposed recovery and disposal methods to be used,

2. The recovery shall not spread contamination into previously uncontaminated or less contaminated areas through untreated discharges, improper treatment, improper disposal, or improper storage,

3. Flammable products shall be handled in a safe manner; and,

4. The recovered product shall be characterized and properly disposed or recycled; and all sampling and analyses shall be performed pursuant to rule 62-780.300, F.A.C.

(b) The following passive and active methods of recovery may be implemented without requesting approval from the Department:

1. Excavation,

2. Removal,

3. Absorbent pads,

4. Skimmer pumps that include pumps with mechanical, electrical, or hand-bailed purging operations,

5. Hand or mechanical bailing; and,

6. Fluid or solid vacuum techniques (for example, vacuum pump trucks) or total fluid displacement pumps, as long as the technique used shall not smear or spread product, or contaminate previously uncontaminated or less contaminated media. If this method is used for petroleum, the volume of groundwater recovered shall not be greater than two times the volume of product recovered, except that the first 1, 000 gallons of the total fluid recovered per discharge are exempt from meeting the required ratio of groundwater to product.

(c) In addition to the recovery methods specified in paragraph 62-780.500(2)(b), F.A.C., the PRSR may evaluate, propose, and submit other product recovery methods to the Department for approval prior to implementation. The Emergency Source Removal Proposal shall include the results of the evaluation performed to determine the potential for product smearing or spreading and the potential for air emissions. The recovery methods proposed may include:

1. Dewatering or groundwater extractions that may influence the depth to the water table,

2. Air/fluid extraction with air emissions treatment,

3. Excavation of soil saturated with non-aqueous phase liquid into, or below, the water table,

4. Recovery of petroleum or petroleum products that exceeds the water-to-product ratio indicated in subparagraph 62-780.500(2)(b) 6., F.A.C., or

5. Onsite treatment and discharge of contaminated water that results from dewatering to excavate free product from below the water table, or on-site treatment and discharge of contaminated water that is separated from recovered product.

(d) The Department shall:

1. Provide the PRSR with written approval of the Emergency Source Removal Proposal, or

2. Notify the PRSR in writing, stating the reason(s) why the Emergency Source Removal Proposal does not contain information adequate to support a free product recovery method pursuant to paragraph 62-780.500(2)(c), F.A.C.

(e) The product recovery task shall be deemed complete when the objectives of subsection 62-780.500(1), F.A.C., have been met.

(f) Within the time frames specified in Table A, written notification of initiation of product recovery shall be provided by the PRSR to the Department.

(g) Within the time frames and frequencies specified in Table A, the PRSR shall submit to the Department for review an electronic or paper copy of an Emergency Source Removal Status Report documenting the recovery progress and summarizing all recovery activities for a specified period.

(3) Soil and Sediment Removal, Treatment, and Disposal.

(a) The PRSR shall, if necessary to alleviate a threat to human health, public safety, or the environment, excavate contaminated soil or sediment for proper treatment or disposal as a source removal activity provided the following criteria are met:

1. The PRSR shall provide to the Department a written notification in accordance with the time frames in Table A, that includes a description of the type of contamination, estimated volume of soil or sediment to be removed, and proposed disposal methods to be utilized.

2. Contamination shall not be spread into previously uncontaminated areas or less contaminated areas through untreated discharges, improper treatment, improper disposal, or improper storage.

3. Flammable products shall be handled in a safe manner.

4. When a soil vacuum extraction system is necessary to abate an imminent threat to human life, health, or safety within a structure or utility conduit, then the vacuum extraction system shall be designed and operated only to abate the imminent threat. The Department shall be notified, within 24 hours, of the imminent threat and the intent to use a soil vacuum extraction system. The air emissions monitoring and frequency of monitoring shall be performed pursuant to paragraphs 62-780.700(4)(a) and (11)(i), F.A.C.

5. Contaminated soil removal shall be completed within 30 days of the discovery of a release or spill of a non-petroleum product (i.e., pollutants or hazardous substances other than petroleum or petroleum products as defined in sections 376.301(32) and (33), F.S.). Excavation of a source to a depth of 1 foot below visually stained soil or sediment, if present, is permissible above the groundwater table. When visual staining is not present, soil screening methods may be used for confirming that excavation is complete above the groundwater table provided the soil screening method is applicable to the pollutant or hazardous substance that has been discharged, has been verified and validated against standard laboratory methods, that the detection limit of soil screening instrumentation is appropriate based on the cleanup target levels for the pollutant of hazardous substance and that the applicable quality control/quality assurance protocols are followed (note that proper quality assurance may include correlation with laboratory analytical results). When soil screening methods are not used, soil samples shall be collected at the bottom of the excavation (unless the bottom is below the water table) and walls or perimeter of the excavation. When required, sediment samples shall be collected at the bottom and perimeter of the excavation, if appropriate. If source removal begins after or extends beyond 30 days of discovery, or if CTLs or background concentrations pursuant to subsection 62-780.680(1), F.A.C., are still exceeded after the contaminated soil removal; soil and sediment removal, treatment, and disposal shall be conducted in accordance with rule 62-780.525, F.A.C.

6. Contaminated soil removal shall be completed within 30 days of the discovery of a release or spill of petroleum products as defined in section 376.301(33), F.S., (i.e. gasoline or kerosene). During excavation activities readings must be obtained on an organic vapor analysis (OVA) instrument, as outlined in subsection 62-780.200(15), F.A.C. Soil or sediment OVA samples shall be collected at the bottom of the excavation (unless the bottom is below the water table) and walls or perimeter of the excavation that are characteristic of the area(s) impacted. Representative sediment samples shall be collected at the bottom and perimeter of the excavation, if applicable. If all post-excavation OVA readings are <= 10 ppm, confirmatory soil or sediment sampling and analysis are not required. If source removal begins after or extends beyond 30 days of discovery; soil and sediment removal, treatment, and disposal shall be conducted in accordance with rule 62-780.525, F.A.C.

7. Contaminated soil removal shall be completed within 30 days of the discovery of a release or spill of petroleum product as defined in section 376.301(32), F.S., (i.e. oil and used oil). Excavation of a source to a depth of 1 foot below visually stained soil or sediment is permissible above the groundwater table and may be conducted without confirmatory soil or sediment sampling and analysis. If source removal begins after or extends beyond 30 days of discovery; soil and sediment removal, treatment, and disposal shall be conducted in accordance with rule 62-780.525, F.A.C.

8. When groundwater is encountered during excavation activities, a temporary monitor well(s) shall be installed and sampled for contaminants of concern within the area(s) of excavation. Well placement should be sufficient to characterize the area(s) of impact.

9. A determination shall be made as to whether or not the contaminated soil or sediment contains hazardous waste and shall be conducted in accordance with subparagraph 62-780.525(5)(a) 6., F.A.C.

10. When excavated contaminated soil or sediment is temporarily stored or stockpiled on-site, the soil or sediment shall be placed on an impermeable surface to prevent leachate infiltration and secured in a manner that prevents human exposure to contaminated soil or sediment and prevents soil or sediment exposure to precipitation that may cause surface runoff. Any excavation shall be secured to prevent entry by the public. The temporary storage or stockpiling of excavated contaminated soil or sediment shall not exceed 60 days, unless it is stockpiled on a right-of-way, in which case it shall be removed for proper treatment or proper disposal as soon as practical but no later than 30 days after excavation, or unless the excavated contaminated soil or sediment contains hazardous waste and a different time frame is authorized pursuant to chapter 62-730, F.A.C. Excavated petroleum contaminated soil may be containerized in water tight containers and stored onsite for 90 days, after which time proper treatment or proper disposal of the contaminated soil shall occur, or it may be land farmed pursuant to paragraph 62-780.525(5)(b), F.A.C. The PRSR is advised that other federal or local laws and regulations may apply to these activities.

(b) Consistent with the goals set forth in section 403.061(33), F.S., the Department encourages treatment over disposal options to address contaminated soil.

(c) Soil or sediment treatment, storage, or disposal techniques not authorized by applicable rules of the Department require approval in an Emergency Source Removal Proposal submitted pursuant to paragraph 62-780.500(3)(d), F.A.C.

(d) The Emergency Source Removal Proposal shall include the information outlined in subsections 62-780.700(3) and (4), F.A.C., as applicable.

(e) The Department shall:

1. Provide the PRSR with approval of the Emergency Source Removal Proposal submitted pursuant to paragraph 62-780.500(3)(d), F.A.C., or

2. Notify the PRSR, stating the reason(s) why the Emergency Source Removal Proposal does not contain information adequate to support the selection of an alternative soil or sediment treatment or disposal technique.

(4) Short-term Groundwater Recovery. The PRSR shall, if necessary to alleviate a threat to human health, public safety, or the environment, perform a short-term groundwater recovery event as a source removal activity provided the following criteria are met:

(a) Prior to initiation, the PRSR shall provide to the Department notification in accordance with the time frames in Table A (Notices for Field Activities) that includes a description of the type of contamination, estimated volume of groundwater to be removed, and proposed disposal methods to be used;

(b) The groundwater contamination has been established to be less than one-fourth (1/4) acre and confined to the shallow aquifer such that the pumping of a shallow aquifer well(s) within the plume may result in the site meeting the No Further Action criteria of rule 62-780.680, F.A.C.;

(c) The duration of the groundwater recovery does not exceed 30 days, unless the PRSR demonstrates to the Department that extended groundwater recovery will not result in the spread of contamination;

(d) The recovered groundwater is not treated on-site and is properly disposed at a permitted industrial water treatment facility, at a publicly-owned treatment works with the approval of the sanitary sewer authority, or at a permitted Hazardous Waste Treatment, Storage, or Disposal facility if the recovered groundwater is a hazardous waste; and,

(e) Sampling of representative monitoring wells to determine the effectiveness of the Short-term Groundwater Recovery event shall be performed no sooner than 30 days after completion of the groundwater recovery.

(5) Authorization or receipt of approval pursuant to rule 62-780.500, F.A.C., does not relieve the PRSR from the obligation to comply with other Department rules (for example, chapters 62-701 and 62-730, F.A.C.) for product recovery, product disposal, groundwater recovery, or the handling, storage, disposal, or treatment of contaminated media. The PRSR is advised that other federal or local laws and regulations may apply to these activities.

(6) Emergency Source Removal Report.

(a) Within the time frames specified in Table A, the PRSR shall submit an electronic or paper copy of an Emergency Source Removal Report to the Department for review. The Emergency Source Removal Report shall contain the following information in detail, as applicable:

1. The type and an estimated volume of free product that was discharged to the environment, if known,

2. The volume of non-aqueous phase liquids and the volume of groundwater recovered,

3. The volume of contaminated soil or sediment excavated and treated or properly disposed,

4. The disposal or recycling methods for non-aqueous phase liquids and contaminated soil or sediment,

5. The disposal methods for other contaminated media and any investigation-derived waste,

6. A scaled site map (including a graphical representation of the scale used) that shows the location(s) of all known onsite structures (including any buildings, underground storage tanks, storm drain systems, and septic tanks), locations where free product was recovered and the area of soil removal or treatment, and the approximate locations where all samples were collected,

7. A table that summarizes free product thickness in each monitoring well or piezometer, the total depth and screened interval of each monitoring well or piezometer, and the dates the measurements were made,

8. The type of field screening instrument, analytical methods, or other methods used and associated calibration logs,

9. The dimensions of the excavation(s) and location(s), integrity, capacities and last known contents of storage tanks, integral piping, dispensers, or appurtenances removed,

10. Photographs of the spill area and cleanup (before, during and after). Photographs shall be labeled with the date, direction of view, and the information that is conveyed in the photograph. Whenever possible, the photographs shall include nearby structures or other prominent features in relation to the spill area,

11. A table that indicates the identification, depth, and field soil screening results of each sample collected,

12. Separate tables by media that summarize all available soil, sediment, groundwater, and surface water analytical results, detection limits achieved for non-detected analytes, and analyses performed (listing all contaminants analyzed and their corresponding CTLs),

13. If applicable, a benzo(a)pyrene conversion table for each soil sample where at least one of the carcinogenic PAHs [benzo(a)pyrene, benzo(a)anthracene, benzo(b)fluoranthene, benzo(k)fluoranthene, chrysene, dibenz(a, h)anthracene, and indeno(1, 2, 3 cd)pyrene] was detected at a concentration equal to or greater than the Method Detection Limit (MDL),

14. Depth to groundwater at the time of each excavation, measurement locations, and method used to obtain that information,

15. GPS coordinates of the spill area and measurements (measuring wheel or tape, in feet) from structures or other prominent features (road exit or street signs, billboards, mileage markers, large tree, storm drainage inlets, buildings, etc.) that can be used to locate the spill area in the future,

16. A scaled site map (including a graphical representation of the scale used) that shows the locations and results of confirmatory soil or sediment samples in relation to the area of the soil or sediment removal; and,

17. Documentation or certification that confirms the proper treatment or proper disposal of the non-aqueous phase liquids, contaminated groundwater, contaminated soil, or contaminated sediment, including disposal manifests for non-aqueous phase liquids or hazardous waste, and a copy of the documentation or certification of treatment or acceptance of the contaminated soil or contaminated sediment; and,

(b) The Department shall:

1. Provide the PRSR with written approval of the Emergency Source Removal Report submitted pursuant to the criteria of paragraph 62-780.500(6)(a), F.A.C., or

2. Notify the PRSR in writing, stating the reason(s) why the Emergency Source Removal Report does not conform with the applicable Emergency Source Removal criteria of paragraph 62-780.500(6)(a), F.A.C.

(7) If the Emergency Source Removal Report is incomplete in any respect, or is insufficient to satisfy the criteria of paragraph 62-780.500(6)(a), F.A.C., the Department shall inform the PRSR pursuant to subparagraph 62-780.500(6)(b) 2., F.A.C., and the PRSR shall submit to the Department for review an electronic or paper copy of an Emergency Source Removal Report Addendum that addresses the deficiencies within 60 days after receipt of the notice.

(8) If the information presented in the Emergency Source Removal Report confirms that no contamination remains at the conclusion of the emergency response action, the Department will indicate in writing that information provided on a Discharge Reporting Form, incorporated in rule 62-761.900, F.A.C. [Form Number 62-761.900(1)], or other discharge record will no longer be tracked by the Division of Waste Management and that no other site rehabilitation requirements of this chapter are required to be followed.

Notes

Fla. Admin. Code Ann. R. 62-780.500

Rulemaking Authority 376.303, 376.3071, 376.30701, 376.3078(4), 376.3078(9), 376.81 FS. Law Implemented 376.305, 376.3071, 376.30701, 376.3078(4), 376.3078(9), 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 62-770.300, Formerly 17-70.006 and Formerly 17-770.300; 62-782.500; and 62-785.500, F.A.C.

Portions of this rule were copied from rule 62-770.300, Formerly 17-70.006 and Formerly 17-770.300; 62-782.500; and 62-785.500, F.A.C.

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