Fla. Admin. Code Ann. R. 62-780.680 - No Further Action and No Further Action with Controls
(1) Risk Management Options Level I - A No
Further Action without institutional controls or without institutional and
engineering controls shall apply if the following conditions are met:
(a) Free product is not present and no fire
or explosive hazard exists as a result of a release of non-aqueous phase
liquids;
(b) Contaminated soil is
not present in the unsaturated zone, as demonstrated by the analyses of soil
samples collected from representative sampling locations (unless the Department
has concurred that soil sampling is unnecessary based on the site-specific
conditions), that show that one or more of the criteria for direct exposure and
one or more of the criteria for leachability are met, as applicable:
1. Criteria for direct exposure are as
follows:
a. Soil contaminant concentrations,
or average soil contaminant concentrations calculated based on the 95% UCL
approach pursuant to sub-subparagraph 62-780.680(1)(b) 1.d., F.A.C., do not
exceed the less stringent of:
(I) The
residential soil CTLs specified in chapter 62-777, F.A.C., Table II,
(II) The background concentrations,
or
(III) The best achievable
detection limits.
b.
Soil contaminant concentrations, or average soil contaminant concentrations
calculated based on the 95% UCL approach pursuant to sub-subparagraph
62-780.680(1)(b) 1.d., F.A.C., do not exceed the alternative residential soil
CTLs established using site-specific soil properties pursuant to subparagraph
62-780.600(5)(c)
2., F.A.C., and the equations and default residential exposure assumptions
specified in chapter 62-777, F.A.C., Figures 4, 5, 6, and 7 and Table
VI,
c. Soil concentrations of the
site-specific fractions of TRPHs established pursuant to subparagraph
62-780.600(5)(c)
3., F.A.C., or average soil concentrations of the site-specific fractions of
TRPHs calculated based on the 95% UCL approach pursuant to sub-subparagraph
62-780.680(1)(b) 1.d., F.A.C., utilizing the soil concentrations of the
site-specific fractions of TRPHs established pursuant to subparagraph
62-780.600(5)(c)
3., F.A.C., do not exceed the residential soil CTLs for the TRPH fractions
provided in Appendix C of the technical report referenced in subsection
62-780.100(2),
F.A.C.; and,
d. If the 95% UCL
approach is utilized to calculate average soil contaminant concentrations
pursuant to sub-subparagraph 62-780.680(1)(b) 1.a., 62-780.680(1)(b) 1.b., or
62-780.680(1)(b) 1.c., F.A.C. [refer to the technical report referenced in
subsection
62-780.100(2),
F.A.C., for guidance], the following criteria shall be met:
(I) An approved statistical method pursuant
to subsection
62-780.610(2),
F.A.C., shall be used to perform the 95% UCL calculations,
(II) The exposure unit shall not exceed 1/4
acre unless it is demonstrated using statistically appropriate techniques,
which shall include an appropriate number of samples which are representative
of the exposure unit, that the contaminants are uniformly distributed such that
a 95% UCL based on an alternative exposure unit size(s) will be sufficiently
protective of human health, public safety and the environment. The exposure
unit(s) shall be located within the source property boundaries,
(III) A minimum of 10 representative soil
samples is required when discrete sample data are used and three representative
soil samples when ISM sample data are used; and,
(IV) The average soil concentration shall not
be compared with any CTL based upon acute toxicity. For acute toxicity CTLs
comparisons must be made with discrete sampling data.
2. Criteria for leachability are
as follows:
a. Soil contaminant concentrations
measured with discrete samples, or average soil contaminant concentrations
based upon the 95% UCL approach from discrete or ISM sampling data do not
exceed the less stringent of:
(I) The
groundwater and, if applicable, surface water leachability-based soil CTLs
specified in chapter 62-777, F.A.C., Table II,
(II) The background concentrations,
or
(III) The best achievable
detection limits.
b.
Soil contaminant concentrations measured with discrete samples, or average soil
contaminant concentrations based upon the 95% UCL approach from discrete or ISM
sampling data do not exceed the alternative leachability-based soil CTLs
established using the equation and default assumptions specified in chapter
62-777, F.A.C., Figure 8, the alternative groundwater CTLs based on the
site-specific background concentrations [refer to sub-subparagraph
62-780.680(1)(c) 1.b., F.A.C.], and, if applicable, the alternative surface
water CTLs based on the site-specific background concentrations [refer to
subparagraph 62-780.680(1)(d) 2., F.A.C.],
c. Direct leachability testing results
pursuant to subparagraph
62-780.600(5)(c)
4., F.A.C., demonstrate that leachate concentrations do not exceed the
appropriate groundwater CTLs pursuant to paragraph 62-780.680(1)(c), F.A.C.,
and, if applicable, the appropriate surface water CTLs pursuant to paragraph
62-780.680(1)(d), F.A.C.,
d. Soil
contaminant concentrations do not exceed the alternative leachability-based
soil CTLs established using site-specific soil properties pursuant to
subparagraph
62-780.600(5)(c)
2., F.A.C., the equation and appropriate default assumptions specified in
chapter 62-777, F.A.C., Figure 8, and the appropriate groundwater CTLs pursuant
to paragraph 62-780.680(1)(c), F.A.C.; and, if applicable, the appropriate
surface water CTLs pursuant to paragraph 62-780.680(1)(d), F.A.C.,
e. Soil concentrations of the site-specific
fractions of TRPHs established pursuant to subparagraph
62-780.600(5)(c)
3., F.A.C., do not exceed the leachability-based soil CTLs for the TRPH
fractions provided in Appendix C of the technical report referenced in
subsection
62-780.100(2),
F.A.C.,
f. For soil that is and has
been exposed to the elements (i.e., open ground, not covered by impermeable or
semi-permeable cover) and subject to infiltration throughout the entire
unsaturated zone for a minimum of two years, it has been subsequently
demonstrated to the Department by a minimum of one year of groundwater
monitoring data that contaminants will not leach into the groundwater at
concentrations that exceed the appropriate groundwater CTLs pursuant to
paragraph 62-780.680(1)(c), F.A.C., and, if applicable, the appropriate surface
water CTLs pursuant to paragraph 62-780.680(1)(d), F.A.C. This demonstration
shall consider site-specific characteristics such as the thickness of the
unsaturated zone, depth and mass of soil contaminants, soil lithology, actual
precipitation, concentration gradients, and the chemical and physical
characteristics of the contaminants, or
(c) Contaminated groundwater is not present,
as demonstrated by the analyses of groundwater samples collected from
representative sampling locations (unless the Department has concurred that
groundwater sampling is unnecessary based on the site-specific conditions),
that show that criteria 1. and 2. are met:
1.
Groundwater contaminant concentrations do not exceed the less stringent of:
a. The groundwater CTLs specified in chapter
62-777, F.A.C., Table I groundwater criteria column, except that for
contaminated sites undergoing site rehabilitation pursuant to sections
376.30701
and
376.81,
F.S., and petroleum contamination sites being addressed pursuant to section
376.3071, F.S., that are not eligible for state-funded site rehabilitation, if
the PRSR elects, groundwater contaminant concentrations may exceed the
groundwater CTLs derived from nuisance, organoleptic, or aesthetic
considerations if the following additional criteria are met:
(I) Concentrations of contaminants meet all
applicable health-based groundwater CTLs provided in chapter 62-777, F.A.C.,
Table I groundwater criteria column, and chapter 62-780, F.A.C., Table F,
located at the end of rule
62-780.900, F.A.C., and if
applicable, surface water CTLs pursuant to paragraph 62-780.680(1)(d),
F.A.C.,
(II) The PRSR has
demonstrated by a minimum of one year of groundwater monitoring data that
groundwater concentrations at the property boundary do not, and will not,
exceed the groundwater CTLs pursuant to subparagraph 62-780.680(1)(c) 1. or 2.,
F.A.C., and, if applicable, the surface water CTLs pursuant to paragraph
62-780.680(1)(d), F.A.C.,
(III) The
property has access to and is connected to an off-site water supply for
domestic purposes and private wells are not used for domestic purposes. For
purposes of this rule, "domestic purposes" means that the water is used for
human consumption such as bathing, cooking, or drinking, and is provided
through pipes or other constructed conveyances; and,
(IV) For contaminated sites undergoing site
rehabilitation pursuant to section
376.81,
F.S., the real property owner provides written acceptance of the No Further
Action Proposal to the Department. For all other sites being closed under this
provision, the real property owner does not object to the No Further Action
Proposal to the Department.
b. The background concentrations,
or
c. The best achievable detection
limits; and,
2.
Groundwater contaminant concentrations do not exceed the surface water CTLs
specified in chapter 62-777, F.A.C., Table I freshwater surface water criteria
column or marine surface water criteria column, as applicable, if the site's
groundwater contaminant concentrations are affecting or may potentially affect
a surface water body based on monitoring well data, groundwater flow rate and
direction, or fate and transport modeling. The point of measuring compliance
with the surface water standards shall be in the groundwater from the landward
side immediately adjacent to the surface water body. However, for cleanups
being conducted pursuant to section
376.30701(2),
F.S., (including petroleum contamination sites being addressed pursuant to
section 376.3071, F.S., that are not eligible for state-funded site
rehabilitation, if the PRSR elects) or section
376.81(1),
F.S., such measurement is not necessary if it has been demonstrated, based
onsite assessment data provided in accordance with rule
62-780.600,
F.A.C., that the contaminants do not cause or contribute to the exceedance of
applicable surface water quality criteria.
(d) Contaminated surface water is not
present, as demonstrated by the analyses of surface water samples collected
from representative sampling locations (unless the Department has concurred
that surface water sampling is unnecessary based on the site-specific
conditions), that show that contaminant concentrations do not exceed the less
stringent of:
1. The applicable surface water
CTLs specified in chapter 62-777, F.A.C., Table I freshwater surface water
criteria column or marine surface water criteria column,
2. The background concentrations,
or
3. The best achievable detection
limits; and,
(e)
Contaminated sediment is not present, as demonstrated by the analyses of
sediment samples collected from representative sampling locations (unless the
Department has concurred that sediment sampling is unnecessary based on the
site-specific conditions), or the concentrations of contaminants in sediment do
not exceed the background concentrations.
(2) Risk Management Options Level II - A No
Further Action with institutional controls (whether such institutional controls
are recorded in the public records of the County in which the site is located,
or are non-recorded institutional controls), and, if appropriate, engineering
controls shall apply if the controls are protective of human health, public
safety, and the environment. Notice of the use of institutional or engineering
controls shall be provided in accordance with subsection
62-780.220(7),
F.A.C. Fate and transport models, as defined in rule
62-780.610,
F.A.C., may be utilized to justify the No Further Action Proposal. It shall be
demonstrated to the Department that the following conditions are met for those
contaminants that do not meet Risk Management Options Level I criteria of
subsection 62-780.680(1), F.A.C.:
(a)
Criteria for evaluation of free product are as follows:
1. Free product is not present and no fire or
explosive hazard exists as a result of a release of non-aqueous phase liquids,
or
2. Free product removal is not
technologically feasible or cost-effective; and,
3. Free product is not migrating and does not
pose a risk to human health, public safety or the environment.
(b) Alternative soil CTLs have
been established by the PRSR and one or more of the criteria for direct
exposure and one or more of the criteria for leachability are met for soil in
the unsaturated zone, as applicable:
1.
Criteria for direct exposure are as follows:
a. Soil contaminant concentrations measured
with discrete samples, or average soil contaminant concentrations calculated
based on the 95% UCL approach from discrete or ISM sampling data, do not exceed
the commercial/industrial soil CTLs specified in chapter 62-777, F.A.C., Table
II,
b. An engineering control that
prevents human exposure (for example, permanent cover material or a minimum of
two feet of soil) is implemented, in which case the contaminant concentrations
in the soil below the permanent cover or two or more feet below land surface
may exceed the direct exposure soil CTLs. Prior to Department approval of a No
Further Action with engineering controls, the PRSR shall provide certification
by a registered Professional Engineer that to the best of his or her knowledge
the engineering control is consistent with commonly accepted engineering
practices, is appropriately designed and constructed for its intended purpose,
and has been implemented,
c. Soil
contaminant concentrations, or average soil contaminant concentrations
calculated based on the 95% UCL approach pursuant to sub-subparagraph
62-780.680(2)(b) 1.e., F.A.C., do not exceed the alternative
commercial/industrial soil CTLs calculated using site-specific soil properties
pursuant to subparagraph
62-780.600(5)(c)
2., F.A.C., and the equations and default commercial/industrial exposure
assumptions specified in chapter 62-777, F.A.C., Figures 4, 5, 6, and 7 and
Table VI,
d. Soil concentrations of
the site-specific fractions of TRPHs established pursuant to subparagraph
62-780.600(5)(c)
3., F.A.C., or average soil contaminant concentrations of the site-specific
fractions of TRPHs calculated based on the 95% UCL approach pursuant to
sub-subparagraph 62-780.680(2)(b) 1.e., F.A.C., utilizing the soil
concentrations of the site-specific fractions of TRPHs established pursuant to
subparagraph
62-780.600(5)(c)
3., F.A.C., do not exceed the commercial/industrial soil CTLs for the TRPH
fractions provided in Appendix C of the technical report referenced in
subsection
62-780.100(2),
F.A.C.; and,
e. If the 95% UCL
approach is utilized to calculate average soil contaminant concentrations
pursuant to sub-subparagraph 62-780.680(2)(b) 1.a., 62-780.680(2)(b) 1.c. or
62-780.680(2)(b) 1.d., F.A.C., [refer to the technical report referenced in
subsection
62-780.100(2),
F.A.C., for guidance], the following criteria shall be met:
(I) An approved statistical method pursuant
to subsection
62-780.610(2),
F.A.C., shall be used to perform the 95% UCL calculations,
(II) The exposure unit shall be located
within the source property boundaries and reflect normal activity patterns for
the existing commercial/industrial land use with supporting institutional
controls. The institutional controls shall require recalculation of the 95% UCL
if the property is subdivided or land use changes such that the exposure unit
utilized in the original calculation is no longer appropriate; and,
(III) A minimum of 10 representative soil
samples is required when discrete sampling data are used and three
representative soil samples when ISM data are used.
2. Criteria for leachability are
as follows:
a. Soil contaminant
concentrations do not exceed the alternative leachability-based soil CTLs
established using the equations and default assumptions specified in chapter
62-777, F.A.C., Figure 8, the alternative groundwater CTLs derived pursuant to
paragraph 62-780.680(2)(c), F.A.C., and, if applicable, the appropriate surface
water CTLs pursuant to paragraph 62-780.680(1)(d), F.A.C.,
b. Direct leachability testing results
pursuant to subparagraph
62-780.600(5)(c)
4., F.A.C., demonstrate that leachate concentrations do not exceed the
alternative groundwater CTLs established pursuant to paragraph
62-780.680(2)(c), F.A.C., and, if applicable, the appropriate surface water
CTLs pursuant to paragraph 62-780.680(1)(d), F.A.C.,
c. An engineering control that prevents
infiltration (for example, permanent impermeable cover material) is
implemented, in which case the contaminant concentrations in the soil below the
impermeable cover may exceed the leachability-based soil CTLs. Prior to
Department approval of a No Further Action with engineering controls, the PRSR
shall provide certification by a registered Professional Engineer that, to the
best of his or her knowledge, the engineering control is consistent with
commonly accepted engineering practices, is appropriately designed and
constructed for its intended purpose, and has been implemented. It shall be
demonstrated to the Department by a minimum of one year of groundwater
monitoring data that contaminants will not leach into the groundwater at
concentrations that exceed the appropriate groundwater CTLs pursuant to
paragraph 62-780.680(1)(c), F.A.C., or, if the groundwater is already
contaminated, at concentrations that exceed the alternative groundwater CTLs
established pursuant to paragraph 62-780.680(2)(c), F.A.C., and, if applicable,
the appropriate surface water CTLs pursuant to paragraph 62-780.680(1)(d),
F.A.C.,
d. Soil contaminant
concentrations measured with discrete samples, or average soil contaminant
concentrations based upon the 95% UCL approach from discrete or ISM sampling
data do not exceed the alternative leachability-based soil CTLs established
using site-specific soil properties pursuant to subparagraph
62-780.600(5)(c)
2., F.A.C., the equation and appropriate default assumptions specified in
chapter 62-777, F.A.C., Figure 8, the alternative groundwater CTLs established
pursuant to paragraph 62-780.680(2)(c), F.A.C., and, if applicable, the
appropriate surface water CTLs pursuant to paragraph 62-780.680(1)(d),
F.A.C.,
e. Soil concentrations of
the site-specific fractions of TRPHs established pursuant to subparagraph
62-780.600(5)(c)
3., F.A.C., do not exceed the alternative leachability-based soil CTLs for the
TRPH fractions established using the equation and assumptions specified in
chapter 62-777, F.A.C., Figure 8, the chemical/physical parameters provided in
Appendix C of the technical report referenced in subsection
62-780.100(2),
F.A.C., the alternative groundwater CTL for TRPHs established pursuant to
paragraph 62-780.680(2)(c), F.A.C., and, if applicable, the appropriate surface
water CTL for TRPHs pursuant to paragraph 62-780.680(1)(d), F.A.C.;
and,
f. It has been demonstrated to
the Department by a minimum of one year of groundwater monitoring data and, if
applicable, fate and transport modeling results that, based upon the
site-specific conditions, contaminants will not leach into the groundwater at
concentrations that exceed the appropriate groundwater CTLs established
pursuant to paragraph 62-780.680(1)(c), F.A.C., or if the groundwater is
already contaminated, at concentrations that exceed the alternative groundwater
CTLs established pursuant to paragraph 62-780.680(2)(c), F.A.C., and, if
applicable, the appropriate surface water CTLs pursuant to paragraph
62-780.680(1)(d), F.A.C.; and,
(c) Alternative groundwater CTLs have been
established by the PRSR depending on the current and projected use of
groundwater in the vicinity of the site and one or more of the following
criteria are met, as applicable:
1. For
contamination of groundwater of low yield or poor quality, the CTLs specified
in chapter 62-777, F.A.C., Table I groundwater of low yield/poor quality
criteria column shall apply to groundwater within the property boundaries,
provided that it has been demonstrated to the Department by a minimum of one
year of groundwater monitoring data that groundwater contaminant concentrations
at the property boundaries do not, and will not, exceed the appropriate
groundwater CTLs specified in subparagraph 62-780.680(1)(c) 1., F.A.C., and
that the plume has not affected, and will not affect, a freshwater or marine
surface water body pursuant to subparagraph 62-780.680(1)(c) 2.,
F.A.C.,
2. An engineering control
that prevents migration of the plume (for example, a permanent containment such
as a barrier wall) is implemented, and it has been demonstrated to the
Department by a minimum of one year of groundwater monitoring data that
groundwater contaminant concentrations at the property boundaries do not, and
will not, exceed the appropriate groundwater CTLs specified in subparagraph
62-780.680(1)(c) 1., F.A.C., and that the plume has not affected, and will not
affect, a freshwater or marine surface water body pursuant to subparagraph
62-780.680(1)(c) 2., F.A.C. Periodic monitoring of the engineering control by
the PRSR shall be required to verify the effectiveness of the engineering
control in preventing migration of the plume. The PRSR shall report to the
Department any failures of the engineering control to prevent migration of the
plume within 30 days of discovery of a failure. Prior to Department approval of
a No Further Action with engineering controls, the PRSR shall provide
certification by a registered Professional Engineer that to the best of his or
her knowledge the engineering control is consistent with commonly accepted
engineering practices, is appropriately designed and constructed for its
intended purpose, and has been implemented,
3. For groundwater contamination that is
affecting or may potentially affect only a marine surface water body with no
other properties or freshwater surface water bodies located between the source
property boundary and the marine surface water body, the CTLs specified in
chapter 62-777, F.A.C., Table I marine surface water criteria column shall
apply to groundwater. The point of measuring compliance with the surface water
standards shall be in the groundwater from the landward side immediately
adjacent to the surface water body. However, for cleanups being conducted
pursuant to section 376.30701(2), F.S., (including petroleum contamination
sites being addressed pursuant to section
376.3071,
F.S., that are not eligible for state-funded site rehabilitation, if the PRSR
elects) or section
376.81(1),
F.S., such measurement is not necessary if it has been demonstrated, based on
site assessment data provided in accordance with rule
62-780.600,
F.A.C., that the contaminants do not cause or contribute to the exceedance of
applicable surface water quality criteria; and,
4. For groundwater contamination that is
contained within the property boundaries and limited to the immediate vicinity
of the source area, and the area of groundwater contamination is less than 1/4
acre, where it has been demonstrated to the Department by a minimum of one year
of groundwater monitoring data and, if applicable, fate and transport modeling
results, that the groundwater contamination is not migrating away from such
localized source area (the plume is stable or shrinking) and has not affected,
and will not affect, a freshwater or marine surface water body pursuant to
subparagraph 62-780.680(1)(c) 2., F.A.C., alternative groundwater CTLs shall be
established using the monitoring data and, if applicable, modeling
results.
(3)
Risk Management Options Level III - A No Further Action with
institutional controls, (whether such institutional controls are recorded in
the public records of the County in which the site is located, or are
non-recorded institutional controls), if needed, and, if appropriate,
engineering controls shall apply if the controls are protective of human
health, public safety, and the environment. Notice of the use of institutional
or engineering controls shall be provided in accordance with subsection
62-780.220(7),
F.A.C. Alternative CTLs that are based on limitations to land use must be used
in conjunction with institutional controls and, if appropriate, engineering
controls, to ensure that the limited land use upon which the exposure duration
and frequency assumptions were based remains in effect until the PRSR submits
information to the Department that supports removal or modification of the
recorded controls (if applicable) or that reliance on a non-recorded control is
no longer required. The PRSR may also use scientific studies or reports to
support a No Further Action Proposal without controls under this subsection.
Proposals may be based on information about a contaminant's toxicity or
carcinogenicity, provided such information is consistent with the requirements
of subparagraph
62-780.650(1)(b)
2., F.A.C. Proposals for no further action without controls may also be based
on information about non-site-specific exposure factors, provided such
information is consistent with the requirements of sub-subparagraph
62-780.650(1)(a)
4.b., F.A.C. Fate and transport models, as defined in rule
62-780.610,
F.A.C., may be utilized to justify the No Further Action Proposal. It shall be
demonstrated to the Department that the following conditions are met for those
contaminants that do not meet Risk Management Options Level I or Level II
criteria of subsection 62-780.680(1) or 62-780.680(2), F.A.C.:
(a) Criteria for evaluation of free product
are as follows:
1. Free product is not present
and no fire or explosive hazard exists as a result of a release of non-aqueous
phase liquids, or
2. Free product
removal is not technologically feasible or not cost-effective; and,
3. Free product is not migrating and does not
pose a risk to human health, public safety or the environment.
(b) Alternative soil CTLs have
been established by the PRSR and the following criteria are met for soil in the
unsaturated zone:
1. Soil contaminant
concentrations measured with discrete samples, or average soil contaminant
concentrations calculated based on the 95% UCL approach from discrete or ISM
sampling data, do not exceed the alternative direct exposure soil CTLs
established pursuant to paragraph
62-780.650(1)(d),
F.A.C. If the 95% UCL approach is utilized to calculate average soil
contaminant concentrations pursuant to this subparagraph [refer to the
technical report referenced in subsection
62-780.100(2),
F.A.C., for guidance], the following criteria shall be met:
a. An approved statistical method pursuant to
subsection
62-780.610(2),
F.A.C., shall be used to perform the 95% UCL calculations,
b. The proposed maximum soil contaminant
concentrations address the potential risk based on exposure to contaminants
which may cause acute toxicity, and the potential for direct contact within the
exposure unit that is not equal and random; and,
c. The exposure unit shall reflect normal
activity patterns for the existing land use, with supporting institutional
controls if the exposure unit exceeds 1/4 acre. The institutional controls
shall require recalculation of the 95% UCL if the property is subdivided or
land use changes such that the exposure unit utilized in the original
calculation is no longer appropriate; and,
2. One or more of the following criteria for
leachability are met, as applicable:
a. Soil
contaminant concentrations do not exceed the alternative leachability-based
soil CTLs established using the alternative groundwater CTLs derived pursuant
to paragraph 62-780.680(3)(c), F.A.C., and, if applicable, the appropriate
surface water CTLs pursuant to paragraph 62-780.680(1)(d), F.A.C.,
b. Direct leachability testing results
pursuant to subparagraph
62-780.600(5)(c)
4., F.A.C., demonstrate that leachate concentrations do not exceed the
alternative groundwater CTLs established pursuant to paragraph
62-780.680(3)(c), F.A.C., and, if applicable, the appropriate surface water
CTLs pursuant to paragraph 62-780.680(1)(d), F.A.C.,
c. An engineering control that prevents
infiltration (for example, permanent impermeable cover material) is
implemented, in which case the contaminant concentrations in the soil below the
impermeable cover may exceed the leachability-based soil CTLs. Prior to
Department approval of a No Further Action with engineering controls, the PRSR
shall provide certification by a registered Professional Engineer that, to the
best of his or her knowledge, the engineering control is consistent with
commonly accepted engineering practices, is appropriately designed and
constructed for its intended purpose, and has been implemented. It shall be
demonstrated to the Department by a minimum of one year of groundwater
monitoring data that contaminants will not leach into the groundwater at
concentrations that exceed the appropriate groundwater CTLs established
pursuant to paragraph 62-780.680(1)(c), F.A.C., or, if the groundwater is
already contaminated, at concentrations that exceed the alternative groundwater
CTLs established pursuant to paragraph 62-780.680(3)(c), F.A.C., and, if
applicable, the appropriate surface water CTLs pursuant to paragraph
62-780.680(1)(d), F.A.C.,
d. Soil
contaminant concentrations measured with discrete samples, or average soil
contaminant concentrations based upon the 95% UCL approach from discrete or ISM
sampling data do not exceed the alternative leachability-based soil CTLs
established using site-specific soil properties pursuant to subparagraph
62-780.600(5)(c)
2., F.A.C., the equation and appropriate default assumptions specified in
Chapter 62-777, F.A.C., Figure 8, the alternative groundwater CTLs established
pursuant to paragraph 62-780.680(3)(c), F.A.C., and, if applicable, the
appropriate surface water CTLs pursuant to paragraph 62-780.680(1)(d),
F.A.C.,
e. Soil concentrations of
the site-specific fractions of TRPHs established pursuant to subparagraph
62-780.600(5)(c)
3., F.A.C., do not exceed the alternative leachability-based soil CTLs for the
TRPH fractions established using the equation and default assumptions specified
in chapter 62-777, F.A.C., Figure 8, the chemical/physical parameters provided
in Appendix C of the technical report referenced in subsection
62-780.100(2),
F.A.C., the alternative groundwater CTL for TRPHs established pursuant to
paragraph 62-780.680(3)(c), F.A.C., and, if applicable, the appropriate surface
water CTL for TRPHs pursuant to paragraph 62-780.680(1)(d), F.A.C.;
and,
f. It has been demonstrated to
the Department by a minimum of one year of groundwater monitoring data and, if
applicable, fate and transport modeling results that, based upon the
site-specific conditions, contaminants will not leach into the groundwater at
concentrations that exceed the alternative groundwater CTLs established
pursuant to paragraph 62-780.680(3)(c), F.A.C., and, if applicable, the
appropriate surface water CTLs pursuant to paragraph 62-780.680(1)(d), F.A.C.;
and,
(c)
Alternative groundwater CTLs have been established by the PRSR depending on the
current and projected use of groundwater in the vicinity of the site, and the
following criteria are met:
1. Groundwater
contaminant concentrations do not exceed the alternative groundwater CTLs
established pursuant to paragraph
62-780.650(1)(d),
F.A.C., and the plume has not affected, and will not affect, a freshwater or
marine surface water body pursuant to subparagraph 62-780.680(1)(c) 2., F.A.C.;
and,
2. It has been demonstrated to
the Department by a minimum of one year of groundwater monitoring data and, if
applicable, fate and transport modeling results, that the plume is stable or
shrinking, and groundwater contaminant concentrations at the institutional
control boundary do not, and will not, exceed the appropriate groundwater CTLs
pursuant to paragraph 62-780.680(1)(c), F.A.C., and, if applicable, the
appropriate surface water CTLs pursuant to paragraph 62-780.680(1)(d),
F.A.C.
(4)
Unless the No Further Action Proposal is included in a Site Assessment Report
pursuant to subparagraph
62-780.600(8)(b)
1., F.A.C., or a Risk Assessment Report pursuant to paragraph
62-780.650(4)(a),
F.A.C., or a Site Rehabilitation Completion Report pursuant to subsection
62-780.690(10)
or
62-780.750(6),
F.A.C., the PRSR shall submit to the Department for review an electronic or
paper copy of the No Further Action Proposal when the criteria for No Further
Action have been met. The No Further Action Proposal shall include the tables
required pursuant to subparagraph
62-780.600(8)(a)
27., F.A.C., updated as applicable. Prior to approval of a No Further Action
Proposal with an institutional control or an engineering control accompanied by
an institutional control, documentation of completion of notification pursuant
to subsection
62-780.220(7),
F.A.C., shall be submitted to the Department.
(5) The Department shall:
(a) Provide the PRSR with a Site
Rehabilitation Completion Order that approves the No Further Action Proposal,
or
(b) Notify the PRSR in writing,
stating the reason(s) why the No Further Action Proposal does not contain
information adequate to support the conclusion that the applicable No Further
Action criteria of rule 62-780.680, F.A.C., have been met. Site rehabilitation
activities shall not be deemed complete until such time as a No Further Action
Proposal is approved.
(6) If the No Further Action Proposal is
incomplete in any respect, or is insufficient to satisfy the objectives of
subsection 62-780.680(1), 62-780.680(2), or 62-780.680(3), F.A.C., the
Department shall inform the PRSR pursuant to paragraph 62-780.680(5)(b),
F.A.C., of the basis for a rejection or determination of insufficiency,
including the technical and scientific basis for any such rejection. The PRSR
shall submit to the Department for review an electronic or paper copy of a
revised No Further Action Proposal that addresses the deficiencies within 30
days after receipt of the notice. If the deficiencies are not timely corrected,
or cannot be corrected, the PRSR shall submit to the Department for review, as
appropriate, an electronic or paper copy of a Natural Attenuation Monitoring
Plan pursuant to rule
62-780.690,
F.A.C., or an electronic or paper copy of a Remedial Action Plan pursuant to
rule
62-780.700,
F.A.C., within 60 days after receipt of the notice.
(7) When a No Further Action Proposal is
approved pursuant to subparagraph
62-780.600(9)(a)
1. or paragraph
62-780.650(5)(a),
62-780.680(5)(a),
62-780.690(11)(a)
or
62-780.750(7)(a),
F.A.C., the Site Rehabilitation Completion Order shall contain, at a minimum,
the following information:
(a) The facility
identification number or other FDEP or USEPA tracking number, as applicable,
that identifies the property where the source(s) of the contaminated site
is(are) or was(were) located;
(b)
The street address of the property where the source(s) of the contaminated site
is(are) or was(were) located;
(c)
The date(s) of the discharge(s), if known, that resulted in the contaminated
site;
(d) A reference to an
attached map or legal description that depicts or describes the contaminated
site for which the Site Rehabilitation Completion Order is being
issued;
(e) The most recent tables
generated by the PRSR pursuant to subparagraph
62-780.600(8)(a)
27., F.A.C., or subsection
62-780.650(4),
62-780.680(4),
62-780.690(10),
or
62-780.750(6),
F.A.C.;
(f) If applicable, a
reference to all engineering and institutional controls that were implemented
or relied upon at the contaminated site. For engineering controls, a brief
description of the physical control and any maintenance or monitoring
requirements shall be included. For recorded institutional controls, a copy of
the restrictive covenant (or other recorded instrument) including a reference
to the book and page numbers where recorded shall be attached. For non-recorded
institutional controls, a citation to the rule(s), ordinance(s), or other
instruments (including the Site Rehabilitation Completion Order itself when
deemed appropriate by the Department) that comprise the institutional control,
shall be included together with a copy of the pertinent sections of the
instruments;
(g) If applicable, a
statement that the Site Rehabilitation Completion Order is conditioned upon
such engineering and institutional controls being effective, properly
maintained, and remaining in place. If applicable, the following statement
shall be included: "If the real property owner proposes to remove the
institutional controls or engineering controls, the real property owner shall
obtain prior written approval from the Department. The removal of the controls
shall be accompanied by the immediate resumption of site rehabilitation, or
implementation of other approved controls, unless it is demonstrated to the
Department that the criteria of subsection 62-780.680(1), F.A.C., are met;"
and,
(h) A statement that the Site
Rehabilitation Completion Order is subject to specific statutory re-openers and
a listing of those re-openers found in section
376.30701(4),
F.S.
(8) Prior to the
Department's approval of a No Further Action Proposal with institutional
controls or with institutional and engineering controls or alternative CTLs,
the PRSR shall provide notice of the Department's intent for such approval in
accordance with subsection
62-780.220(7),
F.A.C.
(9) The Site Rehabilitation
Completion Order shall constitute final agency action regarding cleanup
activities at the site.
Notes
RulemakingAuthority376.303, 376.3071, 376.30701, 376.3078(4), 376.81, 403.061, 403.0877 FS. Law Implemented 376.3071, 376.30701, 376.3078(4), 376.81, 403.0877 FS.
Portions of this rule were copied from 62-770.680; 62-782.680; and 62-785.680.
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