Agenda 12/09/2025 Item #16C 1 (Administration of FDEP’s Hazardous Materials Storage Tank System Compliance Verification Program)12/9/2025
Item # 16.C.1
ID# 2025-4525
Executive Summary
Recommendation to approve Amendment No. 3 to Agreement GC919 with the Florida Department of Environmental
Protection (“FDEP”) for the administration of FDEP’s Hazardous Materials Storage Tank System Compliance
Verification Program, authorize staff to receive and execute annual task assignments, associated Change Orders, sign the
Contractor Certification form, and authorize the Chair to sign the Amendment.
OBJECTIVE: This public purpose is to protect the County’s natural resources by providing continued services on
behalf of FDEP for the compliance of storage tanks located in Collier County. This action is to approve Contract No.
GC919 Amendment 3 with FDEP.
CONSIDERATIONS: Contract No. GC919 (the “Contract”) is a ten-year contract between the FDEP and the Board
that began July 1, 2017. The Contract is the latest in a series of contracts dating back to 1992, authorizing the County to
regulate hazardous material storage tank facilities located within the County as governed by Rules 62-761/762 of the
Florida Administrative Code, and Chapter 376, Florida Statutes. There are approximately 950 tanks that qualify under
this program. The contract designates Collier County as a local program administrator for the FDEP’s storage tank
system compliance verification program.
The attached amendment contains two key changes. First, compensation is being revised to increase the maximum
compensation amount under the Contract from $1,066,261.00 to $1,237,111.45, and allowing for continued services.
The increased compensation is a result of increased cost for task assignments and more tank installations and closures
than was forecasted by FDEP. Second, Attachment E, Contractor Affidavit/Release of Claims Form, is replaced with
Attachment E-1 Revised Contractor Certification Release of Claims Form, which has been changed from requiring an
affidavit with notarization to a certification.
This item is consistent with the Collier County strategic plan objectives to protect our natural resources and develop
integrated and sustainable plans to manage hazardous materials.
FISCAL IMPACT: Overall compensation received from the 10-year FDEP contract for task execution will increase by
$170,850.45 In Fiscal Year 2025, $138,795 was received for tasks performed under this contract, and in Fiscal Year
2026, it is forecast to be $130,000. Revenues are recorded in the Solid Waste Fund (4070).
GROWTH MANAGEMENT IMPACT: This program meets Objective 1 of the Intergovernmental Coordination
Element of the Growth Management Plan that “Collier County shall continue to establish and maintain
intergovernmental and communication and level of service coordination mechanisms to be used by … the Florida
Department of the Environment …”
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board
approval. —SRT
RECOMMENDATION(S): Recommendation that the Board of County Commissioners approve Amendment No. 3 to
Agreement GC919 with the Florida Department of Environmental Protection (“FDEP”) for the administration of
FDEP’s Hazardous Materials Storage Tank System Compliance Verification Program, authorize staff to receive and
execute annual task assignments, associated Change Orders, sign the Contractor Certification form, and authorize the
Chair to sign the Amendment.
PREPARED BY: Phil Snyderburn, CPM, Manager, Environmental, Solid & Hazardous Waste Management Division
ATTACHMENTS:
1. GC919 Amendment 3
2. GC919_Amendment 2 - 05.09.2019 - Final
3. Contract No. GC919, ARC No. 1 - Executed ARC
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12/9/2025
Item # 16.C.1
ID# 2025-4525
4. Orginal Executed Contract GC919
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DEP.AMEND.2 CONTRACT GC919 1.2019
DEP CONTRACT NO. GC919
AMENDMENT NO. 2
THE CONTRACT as entered into on the 26th of June, 2017 and previously AMENDED AND RESTATED
on the 18th day of June, 2018, between the FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION (“DEPARTMENT”), an agency of the State of Florida, and the COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS (“CONTRACTOR”), is hereby amended.
RECITALS
WHEREAS, the Department entered into the Contract with the Contractor to perform compliance
inspections within the jurisdictional (geographical) boundaries of Collier County.
WHEREAS, language in the Contract and the subsequent Amended and Restated Contract references
terms to perform compliance inspections incorrectly stated as, "including facilities registered to the
Contractor".
WHEREAS, the Contract terms regarding issuing a Task Assignment Notification Form (TA), Task
Assignment Change Order Form (TACO), a MyFloridaMarketPlace (MFMP) Purchase Order (PO), and/or MFMP
Change Order (CO), which is referenced within the Contract and as previously amended are authorizations
issued by the Department to the Contractor for a work assignment and instructions regarding performance
of a compliance inspection, and may also be issued as it relates to other Department responsibilities such as
communications regarding training and regulatory guidance’s, as more fully described within the Contract, as
previously amended, and attachments thereto.
WHEREAS, the parties hereby confirm their original intent, as a part of consideration for services rendered
by the Contractor, and the Department’s responsibilities under the terms of this Contract and as previously
amended, the Department training and travel costs incidental thereto are not to exceed $12,000.
WHEREAS, the parties hereby confirm their understanding, the Department’s various Guidance
documents referenced within the Contract are subject to change over the life of the Contract and may be
updated and/or amended from time-to-time pursuant to Federal statute, Florida statute, Florida
Administrative Code, and/or Department policy. The Contractor is responsible for knowing and applying the
current applicable Guidance standard established for the services provided during the work assignment time
period. The Contractor is responsible to provide quality services, technically accurate, and in coordination with
all reports and other services required in compliance with the Guidance documents current and applicable at the
time a work assignment is performed.
WHEREAS, the parties hereby confirm their understanding, it was their original intent regarding the
Department’s responsibility in the initial Scope of Work, and within the Amended and Restated Contract,
Attachment A, Scope of Work, Storage Tank System Compliance Assistance, Task #33 and Attachment B, Scope of
Work, Storage Tank System Compliance Assistance and Enforcement Actions, Task #37, that it is the Department’s
responsibility to reimburse Contractor on a cost-reimbursement basis as authorized and pre-approved by the
Department for incidental expenses particular to providing training in new technology and program management
changes as necessary to the “Environmental Specialist I level or higher”, and for Contractor’s inspectors as it relates
to such training and program management changes, which includes authorized travel cost incidental thereto as
pre-approved by the Department, in accordance with Section 112.061, Florida Statute, Chapter 69I-42,
Florida Administrative Code (F.A.C.), and/or the Reference Guide for State Expenditures compiled by
the Department of Financial Services regarding allowable travel and incidental expenses.
NOW THEREFORE, in consideration of the foregoing Recitals, the Contract, as previously amended, and
other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties
mutually agree as follows:
Recitals. The Recitals set forth hereinabove are true and correct and are incorporated herein by reference.
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DEP.AMEND.2 CONTRACT GC919 1.2019
1.All references within the Contract regarding use of and issuance of a Task Assignment Notification
Form (TA), Task Assignment Change Order Form (TACO), a MyFloridaMarketPlace (MFMP)
Purchase Order (PO), and/or MFMP Change Order (CO), and specifically within Section 2.A. WORK, are
authorizations issued by the Department to the Contractor for a work assignment and instructions
regarding performance of a compliance inspection, and may also be issued as it relates to other Department
responsibilities such as communications regarding training and regulatory guidance’s, as more fully
described within the Contract, as previously amended, and attachments thereto.
2.Section 5.A. COMPENSATION. is hereby modified to confirm the parties’ original intent, as a part
of consideration for services rendered by the Contractor, and the Department’s responsibilities under the
terms of this Contract that the Department training and travel costs incidental thereto shall not exceed
$12,000 and stated as follows:
A.As consideration for the services rendered by Contractor under the terms of this
Contract, the Department shall pay the Contractor on a combination fee-schedule/cost-
reimbursement basis not to exceed $1,066,261.00, which includes the cost reimbursement not to
exceed $12,000 for Department training and travel costs incidental thereto. For the
monthly operation and maintenance services as well as repair and emergency service calls, the
Contractor shall be compensated on a fee-schedule basis at the rates approved by the
Department and specified in the Scope Guidance Document H, Contractual Service Payment
Calculation, attached hereto and made apart hereof. It is understood that fee schedule
amounts include all costs necessary to perform the monthly operation and maintenance
services as well as repair and emergency service calls including, but not limited to, labor, fringe
benefits, overhead, supplies, and travel to and from inspection sites, but do not include
reimbursement for equipment purchases. Equipment purchases costing $1,000.00 or more shall
be reimbursed on a cost-reimbursement basis and must be pre-approved by the Department.
3.Section 8. TRAVEL. is hereby modified to clarify the parties’ original intent: “Travel costs are
included in the fee schedule amounts of this Contract when Contractor’s travel cost are associated with
travel to and from an inspection site and not as it relates to travel to and from a Department established
venue for meetings, training and/or program regulatory guidance sessions held for the Contractor”. As
such, under the terms of this Contract, all pending and future approved travel and/or training expenses
incurred by the Contractor for a meeting, training and/or for a program regulatory guidance session
established by the Department shall be reimbursed to the Contractor on a cost-reimbursement basis in
amounts pursuant to Section 112.061, Florida Statute, Chapter 69I-42, Florida Administrative Code
(F.A.C.), and/or the Reference Guide for State Expenditures compiled by the Department of Financial
Services regarding allowable travel and incidental expenses.
4.Section 41. MYFLORIDAMARKETPLACE TRANSACTION FEE. is hereby deleted in its entirety and
replaced with the following:
MYFLORIDAMARKETPLACE TRANSACTION FEE. The State of Florida, through their Department of
Management Services, has instituted MyFloridaMarketPlace (“MFMP”), a statewide electronic
procurement system. Pursuant to subsection 60A-1.031(3), Florida Administrative Code, the
Contract, as previously amended shall be exempt from the MFMP transaction fee.
5. ATTACHMENT A, Scope of Work, STORAGE TANK SYSTEM COMPLIANCE ASSISTANCE of the
Amended and Restated Contract is deleted in its entirety and replaced with the ATTACHMENT A
SCOPE OF WORK, STORAGE TANK SYSTEM COMPLIANCE ASSISTANCE, LEVEL 1 CONTRACTORS
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DEP.AMEND.2 CONTRACT GC919 1.2019
updated with the execution of Task Assignment GC919-2, Change Order No. 1 and additionally
amended as follows:
Attachment A, Scope of Work, Storage Tank System Compliance Assistance, Level 1 Contractors,
Section #28 as stated in the Task Assignment GC919-2, Change Order No. 1 is hereby revised to
add the following:
The parties hereby confirm their understanding, all references within the Contract
regarding use of and issuance of the Department’s various Guidance documents carry with
it the original understanding and intent of the parties that the Guidance documents are subject
to change over the life of this Contract, and may be updated and/or amended from time-to-
time pursuant to Federal statute, Florida statute, Florida Administrative Code, and/or
Department policy. The Contractor is responsible for knowing and applying the current
applicable Guidance standards as established at the time the work is conducted. The
Contractor is responsible to provide quality services, technically accurate, and in coordination
with all reports and other services required in compliance with the Guidance documents current
and applicable at the time a work assignment is performed.
ATTACHMENT A, SCOPE OF WORK, STORAGE TANK SYSTEM COMPLIANCE ASSISTANCE,
Level 1 Contractors, DEPARTMENT RESPONSIBILITIES, Section #34 as stated in the Task
Assignment GC919-2, Change Order No. 1 is hereby revised to clarify the parties’ original intent
to add the following:
The Department is responsible to reimburse Contractor on a cost-reimbursement basis
for travel and incidental expenses particular to providing training in new technology and
program management changes as necessary to the “Environmental Specialist I level or
higher”, and for Contractor’s inspectors as it relates to such training and program
management changes, which includes authorized travel cost incidental thereto as pre-
approved by the Department. Cost reimbursement for travel will be reimbursed in accordance
with Section 112.061, Florida Statute, Chapter 69I-42, Florida Administrative Code (F.A.C.),
and/or the Reference Guide for State Expenditures compiled by the Department of
Financial Services regarding allowable travel and incidental expenses.
6. AMENDED AND RESTATED CONTRACT, ATTACHMENT B, SCOPE OF WORK, STORAGE TANK
SYSTEM COMPLIANCE ASSISTANCE AND ENFORCEMENT ACTIONS, is hereby revised to clarify the
parties’ original intent to the following Sections and incorporated herein:
GUIDANCE DOCUMENTS: All references within the Contract regarding use of and
issuance of the Department’s various Guidance documents carry with it the original
understanding and intent of the parties that the Guidance documents are subject to change over
the life of this Contract, and may be updated and/or amended from time-to-time pursuant to
Federal statute, Florida statute, Florida Administrative Code, and/or Department policy. The
Contractor is responsible for knowing and applying the current applicable Guidance standards
established at the time the work is conducted. The Contractor is responsible to provide quality
services, technically accurate, and in coordination with all reports and other services required
in compliance with the Guidance documents current and applicable at the time a work
assignment is performed.
37. … The Department is responsible to reimburse Contractor on a cost-reimbursement
basis for travel and incidental expenses particular to providing training in new technology and
program management changes as necessary to the “Environmental Specialist I level or higher”,
and for Contractor’s inspectors as it relates to such training and program management
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DEP.AMEND.2 CONTRACT GC919 1.2019
changes, which includes authorized travel cost incidental thereto as pre-approved by the
Department. Cost reimbursement for travel will be reimbursed in accordance with Section
112.061, Florida Statute, Chapter 69I-42, Florida Administrative Code (F.A.C.), and/or the
Reference Guide for State Expenditures compiled by the Department of Financial Services
regarding allowable travel and incidental expenses.
7. All references within the Contract and subsequent Amended and Restated Contract regarding
use of the terms "including facilities registered to the Contractor" as it relates to performance of compliance
inspections is hereby deleted.
In all other respects, the Contract, as previously amended, and Attachments relative thereto, shall remain in full
force and effect and are hereby ratified, approved and confirmed by the DEPARTMENT and the CONTRACTOR, as of
the date of this Amendment.
In the event of a conflict between this Amendment and the Contract, incorporating by reference any and all previous
Amendments (as applicable), this Amendment shall control.
It is understood and agreed by the DEPARTMENT and the CONTRACTOR that this Amendment is binding upon the
DEPARTMENT and CONTRACTOR and their successors and assigns.
This Amendment may be executed in counterparts, each of which shall be deemed to be an original, but all of which
taken together shall constitute one and the same Amendment.
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DEP Contract No. GC919
AMENDED AND RESTATED CONTRACT
This Amended and Restated Contract No. GC919 (Contract) is made by and between the Department of
Environmental Protection (Department), an agency of the State of Florida, and Collier County Board of County
Commissioners (Contractor), on the date last signed below.
WHEREAS, the Department entered into the Contract with the Contractor to perform compliance inspections
within the jurisdictional (geographical) boundaries of the specified counties, effective June 26, 2017; and
WHEREAS, the parties wish to amend and restate the Contract as set forth herein.
NOW, THEREFORE, the parties agree as follows:
SERVICES AND PERFORMANCE
1. SERVICES. Department does hereby retain, and Contractor agrees to perform compliance inspections within the
jurisdictional (geographical) boundaries of the specified counties, including facilities registered to the Contractor as
required by an executed Task Assignment(s) and Contractor's response thereto, incorporated herein by reference, and
in accordance with Attachment A, Scope of Work- Level 1 and if applicable Attachment B, Scope of Work—Level 2
Scope) and all exhibits and Attachments named and incorporated herein by reference. Contractor has been
determined to be a vendor to the Department under this Contract.
2. WORK.
A. Contractor shall provide the services specified in the Scope (Work). Department shall authorize all work
assignments by Task Assignment Notification Form (TA) or Task Assignment Change Order Form (TACO). Contractor
shall perform the services required under this Contract in accordance with the guidance documents attached to each
executed TA or TACO and in accordance with the provisions of this Contract. The Department reserves the right to
update or amend the guidance documents as needed.
B. Contractor shall not commence Work until either 1) a TA/TACO has been fully executed, by both
Department and Contractor, or 2)a PO or PO Change Order(CO) has been issued.
C. In the event services are required that are within the general description of services, but are not specifically
set out in the Scope, Department and Contractor reserve the right to negotiate the Task Assignments covering
performance of those required services.
D. There is no minimum amount of Work guaranteed as a result of this Contract.Any and all Work assigned will
be at the sole discretion of the Department.
E. Department reserves the right to not authorize any Work, and may suspend or terminate for cause any
Work assigned to Contractor under this or any other contract, if and in the event that the Department and
Contractor(or any of its affiliates or authorized subcontractors)are adverse in any litigation, administrative
proceeding or alternative dispute resolution, until such adverse relationship is resolved either by agreement or by
final non-appealable order of a court.
3. STANDARD OF CARE FOR PERFORMANCE.
A. Contractor shall perform as an independent contractor and not as an agent, representative,or employee of
the Department.
B. Contractor shall perform the services in a proper and satisfactory manner as determined by the Department.
Any and all such equipment, products or materials necessary to perform these services, or requirements as further
stated herein, shall be supplied by the Contractor.
C. Contractor shall provide competent, suitably qualified personnel. Contractor must notify the Department's
Contract Manager of any changes in the personnel identified in this Contract. Notification shall include a detailed
explanation of the need to change personnel and the Contractor's documentation that proposed replacement
personnel have equal or greater qualifications and experience.
D. Contractor shall perform the services in a manner consistent with that level of care and skill ordinarily
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exercised by other contractors performing the same or similar services under similar circumstances at the time
performed.
4. TERM OF CONTRACT.
A. Initial Term. This Contract shall begin July 1, 2017, and shall remain in effect for a period of ten
10) years, inclusive.
B. Renewal Term. An "X" beside the correct provision in this section signifies that the provision is applicable to
the Contract.
x This Contract may be renewed, in writing, on the same terms and conditions as the original Contract and
any amendments thereto, for a period no greater than the term above, or three (3) years, whichever is
longer. All renewals are contingent upon satisfactory performance by Contractor. Renewals may be for
the entire period or in increments.
This Contract may not be renewed.
COMPENSATION
5. COMPENSATION.
A. As consideration for the services rendered by Contractor under the terms of this Contract, the Department
shall pay the Contractor on a combination fee-schedule/cost-reimbursement basis not to exceed $1,066,261.00. For
the monthly operation and maintenance services as well as repair and emergency service calls, the Contractor shall
be compensated on a fee-schedule basis at the rates specified in the executed task assignment. It is understood that
fee schedule amounts include all costs necessary to perform the work outlined herein including, but not limited to,
labor, fringe benefits, overhead, supplies, and travel, but do not include reimbursement for equipment purchases.
Equipment purchases costing $1,000.00 or more shall be reimbursed on a cost-reimbursement basis and must be pre-
approved by the Department.
B. CONTRACTOR SHALL NOT COMMENCE WORK ON ANY SERVICES THAT WILL EXCEED THE
COMPENSATION AMOUNT OF THE CONTRACT UNLESS AND UNTIL THE CONTRACT IS AMENDED. It is the
Contractor's responsibility to know when the authorized compensation amount of the Contract will be reached.
6. ANNUAL APPROPRIATION. Department's performance and obligation to pay under this Contract is contingent
upon an annual appropriation by the Florida Legislature.Authorization for continuation and completion of Work and
payment associated therewith may be rescinded with proper notice at the discretion of the Department if state or
federal appropriations are reduced or eliminated.
7. PAYMENT METHOD.
A. Contractor shall submit invoices as specified in Attachment A and B, under Payments section.
B. All invoices submitted must have sufficient detail for a proper pre-audit and post-audit review.
C. Department must approve the final deliverable(s) before the Contractor may submit a final invoice and
any forms.
D. Each invoice, including appropriate supporting documentation as required herein, shall be submitted via
email to the following:
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DEP Restated Contract No. GC919, Page 2 of 14
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Florida Department of Environmental Protection
PCAP Program
Attn: Department Contract Manager
Email address: STR Invoices(&?dep.state.fl.us
Copy: Department District Task Manager and DEP Contract Manager
8. TRAVEL. An"X" beside the correct provision in this section signifies that the provision is applicable
to the Contract.
Travel is not authorized under this Contract.
Travel costs are included in the fee schedule amounts of this Contract.
Travel costs shall be paid on a cost-reimbursement basis in accordance with the paragraph
contained herein of this Contract.
9. EQUIPM ENT. Upon satisfactory completion of this Contract, the Contractor may retain ownership
of the non-expendable personal property or equipment purchased under this Contract prior to the
execution of an Amendment of said Contract. The following terms shall apply:
A. The Contractor is responsible for any loss, damage, or theft of, and any loss, damage or injury
caused by the use of, non-expendable personal property or equipment purchased with state
funds and held in his possession for use in a contractual arrangement with the Department.
B. In the event that the Department determines a need to loan equipment needed for the
completion of services under this Contract to the Contractor, a Department Property Loan
Agreement shall be completed and maintained in the Contract file.
C. The Contractor shall have title to and use of any vehicle previously purchased under a former
Contract, by its authorized employees only, for the authorized purposes of this Contract as long
as the required work is being satisfactorily performed. In the event that this Contract is
terminated for any reason, or the use of the vehicle is no longer needed (such as completion of
the Contract),title of the vehicle shall be transferred to the Department.
D. The Contractor is responsible for the implementation of adequate maintenance procedures to
keep the non-expendable personal property or equipment in good operating condition.
E. If the Contractor fails to perform its obligations under this Contract, the Contractor shall deliver
possession and custody of all such equipment to the nearest District Office location, unless
otherwise agreed, within thirty (30)calendar days of Contract termination.
10. PROM PT PAYMENT.
A. Department's Contract Manager shall have five (5) business days, unless a greater period is
specified herein, to inspect and approve an invoice. Department shall submit a request for payment to
DFS within twenty (20) business days; and DFS shall issue a warrant within ten (10) business days
thereafter. Days are calculated from the latter of the date the invoice is received or services received,
inspected, and approved. Invoice payment requirements do not start until a proper and correct invoice
has been received. Invoices which have to be returned to the Contractor for correction(s)will result in an
uncompensated delay in payment. A Vendor Ombudsman has been established within DFS who may be
contacted if a Contractor is experiencing problems in obtaining timely payment(s)from a State agency.
The Vendor Ombudsman may be contacted at(850) 413-5516, per Section 215.422,F.S.
B. If a warrant in payment of an invoice is not issued within forty (40) business days after receipt of
a correct invoice and receipt, inspection, and approval of the goods and services, the Department shall
pay the Contractor interest at a rate as established by Section 55.03(1), F.S., on the unpaid balance of
the invoice. Interest payments of less than $1 will not be issued unless Contractor requests such
payment. The interest rate for each calendar year for which the term of this Contract is in effect can be
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obtained from DFS'Vendor Ombudsman at the telephone numbers provided above, or the Department's
Procurements Section at(850) 245-2361, per Section 215.422, F.S.
11. RELEASE OF CLAIMS. Upon payment for satisfactory completion of any portion of the Work,the
Contractor shall execute and deliver to the Department a release of all claims against the Department
arising under, or by virtue of, the Work, except claims which are specifically exempted by the Contractor
to be set forth therein (Contractor Release, using Attachment E, Contractor Affidavit/Release of Claims).
Receipt by the Department of the Contractor's Release is a condition of final payment under this
Contract. Unless otherwise provided in this Contract, by State law or otherwise expressly agreed to by
the parties to this Contract, final payment or settlement upon termination of this Contract shall not
constitute a release or waiver of the Department's claims against the Contractor, or the Contractor's
sureties, subcontractors, successors or assigns under this Contract or as against applicable performance
and payment bonds.
12. PHYSICAL ACCESS AND INSPECTION. As applicable, the Department personnel shall be given
access to and may observe and inspect Work being performed under this Contract, including by any of
the following methods:
A. Contractor shall provide access to any location or facility on which the Contractor is performing
Work, or storing or staging equipment, materials or documents;
B. Contractor shall permit inspection of any facility, equipment, practices, or operations required in
performance of any Work;and,
C. Contractor shall allow and facilitate sampling and monitoring of any substances, soils,materials
or parameters at any location reasonable or necessary to assure compliance with any Work or legal
requirements.
PARTY REPRESENTATIVES
13. NOTICE.All notices and written communication between the parties shall be sent by electronic
mail, U.S. Mail, a courier delivery service, or delivered in person. Notices shall be considered delivered
when reflected by an electronic mail read receipt, a courier service delivery receipt, other mail service
delivery receipt, or when receipt is acknowledged by recipient.
14. IDENTIFICATION OF CONTRACT MANAGERS. All matters shall be directed to the Contract
Managers for appropriate action or disposition. Any changes to the Contract Manager information
identified below must be noticed, in writing, to the other party within ten (10) calendar days of the change.
Either party may provide notice to the other party by email identifying a change of a designated Contract
Manager and providing the new contact information for the newly designated Contract Manager. Such
notice is sufficient to effectuate this change without requiring a written amendment to the Contract.
Department and the Contractor Contract Managers and contact information are provided below:
Contractor Department
Collier County Board of County Department of Environmental Protection
Commissioners Collier County Division of Waste Management
3339 Tamiami Trail East, Suite 302 2600 Blair Stone Road, MS 4500
Naples, Florida, 34112 Tallahassee, Florida 32399-2400
Attn: Phil Snyderburn Attn: Roger Ruiz
Phone Number: (239) 207-0920 Phone Number: (850)245-8854
Email:philsnyderburn aC colliergov.net Email: roger.ruizCa)dep.state.fl.us
15. CHANGE ORDERS AND AMENDMENTS. Department may at any time, by written order designated
to be a Change Order, make any change in the Work within the general scope of this Contract(e.g.,
specifications,method or manner of performance,requirements,etc.). All Change Orders are subject to the
mutual agreement of both parties as evidenced in writing. Any change which causes an increase or
decrease in Contractor's cost or time shall require an appropriate adjustment and modification by Task
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Assignment Change Order. Following execution of this Contract, any future Amendments or Change
Orders may be executed by the Department representative with appropriate delegated authority.
CONSEQUENCES FOR FAILURE TO PERFORM
16. DISPUTE RESOLUTION. Any dispute concerning performance of the Contract shall be decided as
follows:
A. All claims or disputes (Claims) must be presented to the Department in writing within thirty(30)
days of the date such Claim arises (Notice of Dispute). The Notice of Dispute shall set out in detail all
aspects of the disputed matters to be resolved, including the specific relief sought by the Contractor.
Claims not presented by Notice of Dispute to Contract Manager shall be deemed waived by the
Contractor.
B. The parties shall make a good faith attempt to resolve Claims which may arise from time to time
by informal conference within ten (10) days of the Notice of Dispute.
C. Within ten (10) days of the informal conference, the Department shall provide Contractor a
detailed written response to the Claim.A formal conference of the parties shall be convened no later than
thirty (30) days following the Department's response to the Notice of Dispute, unless the parties mutually
agree in writing to a longer period of time within which to schedule a formal conference.
1) All persons necessary to resolution of the claim or disputed matter shall attend the formal
conference.
2) Minutes of the formal conference shall be taken, recorded, transcribed, and signed by the
Department and the Contractor. Any terms of settlement and/or resolution reached shall be
signed by all persons authorized to resolve the Claim.
D. Either party may request mediation of unresolved Claims,with the party seeking mediation to
bear the expense of mediation.
E. Any Claim not resolved at formal conference or mediation, may be the subject of a complaint
filed in a court of competent jurisdiction in Leon County, Florida.
17. FINANCIAL CONSEQUENCES FOR UNSATISFACTORY PERFORMANCE.
A. No payment will be made for deliverables deemed unsatisfactory by the Department. In the
event that a deliverable is deemed unsatisfactory by the Department, the Contractor shall re-perform the
services needed for submittal of a satisfactory deliverable, at no additional cost to Department, within
thirty (30) days of being notified of the unsatisfactory deliverable.
B. If a satisfactory deliverable is not submitted within the specified time frame, the Department
may, in its sole discretion: 1) assess liquidated damages if specified in the Contract or its attachments;2)
request from the Contractor agreement to a reduction in the amount payable; 3) suspend all Work until
satisfactory performance is achieved, or 4)terminate the Contract for failure to perform.
18. CORRECTIVE ACTION PLAN. In the event that deliverables are unsatisfactory or are not
submitted within the specified timeframe, the Department Contract Manager may, by letter specifying the
failure of performance under the Contract, request that a proposed Corrective Action Plan (CAP) be
submitted by the Contractor to the Department. All CAPs must be able to be implemented and performed
in no more than sixty (60)days.
A. A CAP shall be submitted within ten (10) calendar days of the date of the letter request from the
Department. The CAP shall be sent to the Department Contract Manager for review and approval.
Within ten (10) calendar days of receipt of a CAP, the Department shall notify the Contractor in writing
whether the CAP proposed has been accepted. If the CAP is not accepted, the Contractor shall have ten
10) calendar days from receipt of the Department letter rejecting the proposal to submit a revised
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proposed CAP. Failure to obtain the Department approval of a CAP as specified above shall result in the
Department's termination of the Contract for cause as authorized in the Contract.
B. Upon the Department's notice of acceptance of a proposed CAP, the Contractor shall have ten
10) calendar days, or longer if specified in the approved CAP, to commence implementation of the
accepted plan. Acceptance of the proposed CAP by the Department does not relieve the Contractor of
any of its obligations under the Contract. In the event the CAP fails to correct or eliminate performance
deficiencies by the Contractor, the Department shall retain the right to require additional or further
remedial steps, or to terminate the Contract for failure to perform. No actions approved by the
Department or steps taken by the Contractor shall stop the Department from subsequently asserting any
deficiencies in performance. Contractor shall continue to implement the CAP until all deficiencies are
corrected. Reports on the progress of the CAP will be made to the Department as requested by the
Department Contract Manager.
C. Failure to respond to a Department request for a CAP shall result in suspension or termination
of the Contract.
19. PAYMENT AND PERFORMANCE BONDS. An "X" beside the correct provision in this section
signifies that the provision is applicable to the Contract.
Z No Payment or Performance bonds are required.
Contractor shall provide executed Payment and Performance Bonds naming the Department as
obligee, issued by a surety acceptable to the Department, in the amount(s)of$
Contractor may be required to provide executed Payment and/or Performance Bonds naming
the Department as obligee, issued by a surety acceptable to the Department, in an amount of
up to one hundred and twenty percent(120%) of the total anticipated cost of any Work.
20. LIQUIDATED DAMAGES.An "X" beside the correct provision in this section signifies that the
provision is applicable to the Contract.
No liquidated damages will be assessed.
In addition to other remedies elsewhere in this Contract, and as provided by law,unless otherwise
stipulated in the Scope, the Contractor hereby covenants and agrees to pay liquidated damages
to the Department as follows:
A. Contractor acknowledges that time is of the essence for all services provided under this
Contract,and whereas the actual damages to be suffered by late performance are incapable
of accurate calculation,the parties agree to the following as a reasonable estimation thereof
as liquidated damages. In addition to any other provisions of this Contract, in the event that
the deliverable identified in the Scope, is not completed and submitted by the close of
business on the date the deliverable is due,the compensation amount stated for that portion
of the Work may be reduced by five percent(5%) per week for each week the deliverable is
late,with the total amount of the liquidated damages not to exceed the total compensation
amount of the Scope deliverable.
B. The date of submission shall be the date of receipt by the Department.
C. If no Department receipt date appears or the date is illegible, the date of submission shall
be deemed to be five (5) days prior to receipt by the Contract Manager.
D. If completion is or will be justifiably delayed due to reasons as set out in paragraph contained
herein,the Department may grant an extension of time as evidenced by a properly executed
Amendment.
E. If the deliverable(s)fail to comply with the requirements of this Contract, or if questions
arise from review and the Contractor is so notified and requested to respond, the
Contractor shall furnish the required additions, deletions, or revisions in accordance with
the Scope at no additional cost to the Department.
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F. If the additions, deletions, and revisions are not submitted to the Department's Contract
Manager in accordance with the Scope, the compensation stated for that portion of the
Work may be reduced by five percent(5%)for each week that the requested deliverable is
late, as specified. The total reduction shall not exceed the total amount of the Work.
G. Contractor's failure to respond to a request to correct the deliverables will result in
termination of the Work and forfeiture of any unpaid balance for such deliverables.
Additionally, the Department, at its discretion, may re-assign future Work.
21. RETAINAGE
A. Department reserves the right to establish the amount and application of retainage on the
Compliance Routine Inspection (CRI)Work to a maximum of ten percent(10%). Any retainage to be
applied shall be specified in the Task Assignment. Retainage shall be withheld from each payment to the
Contractor pending satisfactory completion of CRI performance criteria listed in Task Assignment and
approval of all deliverables.
B. Department reserves the right to withhold payment of retainage for the Contractor's failure to
meet performance criteria listed in the Task Assignment. Department shall provide written notification to
the Contractor of the Department's intent to withhold retainage on the Routine Compliance Inspection
Work in the Task Assignment. Contractor's failure to rectify the identified deficiency within the timeframe
stated in the Department's notice will result in forfeiture of retainage by the Contractor.
C. If the Contractor fails to perform the requested Scope, or fails to perform the Compliance
Routine Inspection Work in a satisfactory manner, Contractor shall forfeit its right to payment for the
Compliance Routine Inspection Work and the retainage called for under the Task Assignment. Failure to
perform includes, but is not limited to, failure to submit the required deliverables or failure to provide
adequate documentation that the work was actually performed.
D. No retainage shall be released or paid for uncompleted Compliance Routine Inspection Work
while a Contract is suspended.
E. Except as otherwise provided above, the Contractor shall be paid the retainage associated with
the Work, provided the Contractor has completed the work and submits an invoice for retainage held in
accordance with paragraph contained herein above.
LIABILITY
22. INSURANCE. To the extent required by law, the Contractor will be self-insured against, or will
secure and maintain during the life of this Contract and any renewals, Workers' Compensation Insurance
for all of its employees connected with the work of this project. The Contractor shall require any and all
subcontractors, if authorized under this Contract,to provide Workers' Compensation Insurance for all
employees unless such employees are covered by the protection afforded by Contractor. Such
self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation
law. In case any class of employees engaged in hazardous work under this Contract is not protected
under the Workers' Compensation statute, the Contractor shall provide, and cause each subcontractor to
provide, adequate insurance satisfactory to the Department, for the protection of its employees not
otherwise protected.
23. INDEMNIFICATION. The Contractor and the Department shall each be solely responsible for the
negligent or wrongful acts of its respective employees and agents acting within the scope of their
employment. Further, each party shall bear its own costs of every name and description, including
attorneys'fees, arising from or relating to personal injury and damage to real or personal tangible
property alleged to be caused in whole or in part by its employees and agents acting within the scopeof
their employment. However, nothing contained herein shall constitute a waiver by the Contractor or the
Department of its sovereign immunity or waiver or modification of Section 768.28,F.S.
THIRD PARTIES
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24. SUBCONTRACTING.An "X" beside the correct provision in this section signifies that the provision
is applicable to the Contract.
Contractor shall not subcontract any work under this Contract.
A. Contractor shall not subcontract any work under this Contract without the prior written
consent of the Department's Contract Manager. Department reserves the right to reject
any proposed subcontractor based upon the Department's prior experience with
subcontractor, subcontractor's reputation, or the Department's lack of adequate assurance
of performance by subcontractor. Contractor agrees to be responsible for the fulfillment of
all work elements included in any subcontract and agrees to be responsible for the
payment of all monies due under any subcontract.
B. Department shall not be liable to any subcontractor for any expenses or liabilities incurred
under any subcontract, regardless of whether the Department has approved such
subcontract or subcontractor. Contractor shall be solely liable to its subcontractor(s)for all
expenses and liabilities incurred under any subcontract. Any subcontracts made under or
in performance of this Contract must include the same conditions specified in this Contract,
with the exception of insurance requirements(paragraph contained herein), and shall
include a release of any rights, claims or liabilities against the Department. The level of
insurance to be carried by subcontractors performing work under this Contract shall be at
the discretion of Contractor.
25. NONASSIGNABILITY. Contractor shall not sell, assign or transfer any of its rights,duties or
obligations under this Contract(its Rights and Duties),without the prior written consent of the
Department. Contractor shall remain liable for performance of its Rights and Duties, regardless of any
assignment to or assumption by any third party, notwithstanding any approval thereof by the Department.
However, the Department may expressly release the Contractor from any and all Rights and Duties
through a novation accompanying an approved assignment. Department may assign the Department's
Rights and Duties, but shall give prior written notice of its intent to do so to the Contractor. The foregoing
notwithstanding, the Contractor hereby assigns to the State any and all claims it has with respect to the
Contract under the antitrust laws of the United States and the State.
26. THIRD PARTY BENEFICIARIES. This Contract is neither intended nor shall it be construed to
grant any rights, privileges or interest in any third party without the mutual written agreement of the
parties hereto.
SUSPENSION AND TERMINATION
27. SUSPENSION.
A. Department may order the Contractor in writing to suspend, delay or interrupt all or any part of
the Work for failure to perform, or as otherwise specified herein, such period of time as the Department
may determine to be appropriate for any of the following reasons:
1.) Contractor fails to timely and properly correct deficiencies in or performs unsatisfactory
work;
2.) Contractor's or subcontractor's insurer or surety notifies the Department that any of its
required insurance or bonds has lapsed or will lapse, and the Contractor fails to provide
replacement insurance or bonds acceptable to the Department before the insurance or bond
cancellation or termination date;
3.) Contractor or subcontractor materially violates safety laws or other constraints;
4.) Department determines that there is a threat to the public health, safety or welfare that
necessitates such suspension;or
5.) For the convenience of the Department.
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B. If the performance of all or any part of the Work is suspended, delayed or interrupted for an
unreasonable period of time by an act of the Department in administration of the Work, or by the
Department's failure to act within a reasonable time to review or approve an invoice,the Department shall
provide an equitable extension of the time allowed to complete the Work and modify the Scope
accordingly. However, no adjustment shall be made under this clause for any suspension, delay or
interruption if and to the extent that:
1.) Performance would have been suspended, delayed or interrupted by any other cause,
including the fault or negligence of the Contractor;or
2.) Equitable adjustment is provided for (or excluded) under any other provision of this
Contract.
C. Contractor shall not be compensated for Work performed subsequent to a notice of suspension
by Department.
28. TERMINATION.
A. Department may terminate this Contract at any time for cause, in the event of the failure of the
Contractor to fulfill any of its obligations. Prior to termination, the Department shall provide ten (10)
calendar days written notice of its intent to terminate for cause, including the reasons for such, and shall
provide the Contractor an opportunity to consult with the Department regarding the reason(s)for
termination. Contractor may be afforded the possibility of curing any default at the sole discretion of the
Department.
B. The Department may terminate this Contract without cause and for its convenience by giving
thirty (30) calendar days written notice to the Contractor. Termination for convenience shall not entitle
either party to any indirect, special or resulting damages, lost profits, costs or penalties, and the
Contractor shall be entitled only to recover those amounts earned by it for authorized deliverables
completed up to the date of termination (or as may be agreed to in writing by the Department for
completion of all or any portion of the Work in process).
GENERAL CONDITIONS
29. ATTORNEY'S FEES. In the event of any legal action to enforce the terms of this Contract, each
party shall bear its own attorney's fees and costs.
30. CONFLICT OF INTEREST. Contractor covenants and warrants that it presently has no interest,
and shall not acquire any interest, which would conflict in any manner or degree with its performance of
this Contract or the Services required hereunder.
31. COMPLIANCE WITH APPLICABLE LAW. Contractor shall comply with all applicable federal,
state and local rules and regulations in providing services to the Department under this Contract
including, but not limited to, local health and safety rules and regulations. This provision shall be included
in all subcontracts issued as a result of this Contract.
32. DISQUALIFICATION.
A. The employment of unauthorized aliens by the Contractor/vendor is considered a violation of
Section 274A(e) of the Immigration and Nationality Act. If the Contractor knowingly employs
unauthorized aliens, such violation shall be cause for unilateral cancellation of this Contract. Contractor
shall be responsible for including this provision in all subcontracts with private organizations issued asa
result of this Contract.
B. Contractor is required to use the U.S. Department of Homeland Security's E-Verify system to
verify the employment eligibility of all employees used by the Contractor under this Contract, pursuant to
State of Florida Executive Order No.: 11-116. Also, the Contractor shall include in related subcontracts, if
authorized under this Contract, a requirement that subcontractors performing work or providing services
pursuant to this Contract utilize the E-Verify system to verify employment eligibility of all employees used
by the subcontractor for the performance of the Work.
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C. If Contract value exceeds one (1) million dollars, Contractor certifies that it and any of its
affiliates are not scrutinized companies as identified in Section 287.135, F.S. In addition, Contractor
agrees to observe the requirements of Section 287.135, F.S., for applicable sub-agreements entered into
for the performance of work under this Contract. Pursuant to Section 287.135, F.S., the Department may
immediately terminate this Contract for cause if the Contractor, its affiliates, or its subcontractors are
found to have submitted a false certification; or if the Contractor, its affiliates, or its subcontractors are
placed on any applicable scrutinized companies list or engaged in prohibited contracting activity during
the term of the Contract. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize
these contracting prohibitions then they shall become inoperative.
33. EXECUTION IN COUNTERPARTS. This Contract, and any Change Orders or Amendments
thereto, may be executed in two or more counterparts, each of which together shall be deemed an
original, but all of which together shall constitute one and the same instrument. In the event that any
signature is delivered by facsimile transmission or by e-mail delivery of a.pdf format data file, such
signature shall create a valid and binding obligation of the party executing (or on whose behalf such
signature is executed)with the same force and effect as if such facsimile or.pdf signature page were an
original thereof.
34. FORCE MAJEURE. Contractor shall not be responsible for delay resulting from its failure to perform
if neither the fault nor the negligence of the Contractor or its employees, subcontractors or agents
contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes,
fires, floods, hurricanes, or other similar cause wholly beyond the Contractor's control, or for any of the
foregoing that affect subcontractors or suppliers if no alternate source of supply is available to the
Contractor. In case of any delay the Contractor believes is excusable, the Contractor shall notify the
Department in writing of the delay or potential delay and describe the cause of the delay either 1)within five
5) days after the cause that creates or will create the delay first arose, if the Contractor could reasonably
foresee that a delay could occur as a result, or 2)if delay is not reasonably foreseeable,within ten(10)days
after the date the Contractor first had reason to believe that a delay could result. THE FOREGOING
SHALL CONSTITUTE THE CONTRACTOR'S SOLE REMEDY OR EXCUSE WITH RESPECT TO
DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy.
No claim for damages,other than for an extension of time,shall be asserted by the Contractor against the
Department. Contractor shall not be entitled to an increase in the price or payment of any kind from the
Department for direct, indirect, consequential, impact or other costs, expenses or damages, including but
not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or
hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to
any of the causes described in this paragraph, after the causes have ceased to exist the Contractor shall
perform at no increased cost, unless the Department determines, in its sole discretion,that the delay will
significantly impair the value of the Contract to the State or to the Department, in which case the
Department may 1) accept allocated performance or deliveries from the Contractor, provided that the
Contractor grants preferential treatment to the Department with respect to products subjected to allocation,
or 2) purchase from other sources (without recourse to and by the Contractor for the related costs and
expenses)to replace all or part of the products that are the subject of the delay, which purchases may be
deducted from the Contract quantity,or 3)terminate the Contract in whole or in part.
35. FORUM SELECTION, SEVERABILITY,AND CHOICE OF LAW, This Contract has been
delivered in the State of Florida and shall be construed in accordance with substantive and procedural
laws of Florida. Wherever possible, each provision of this Contract shall be interpreted in such manner
as to be effective and valid under applicable law, but if any provision of this Contract shall be prohibited or
invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or
invalidity,without invalidating the remainder of such provision or the remaining provisions of this Contract.
Any action in connection with this Contract shall be brought in a court of competent jurisdiction located in
Leon County, Florida.
36. GOVERNMENTAL RESTRICTIONS. If the Contractor believes that any governmental restrictions
require alteration of the material, quality,workmanship or performance of the products offered under this
Contract, the Contractor shall immediately notify the Department so in writing, identifying the specific
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restriction and alteration. Department reserves the right and the complete discretion to accept any such
alteration or to cancel the Contract at no further expense to the Department. Contractor's failure to timely
notify the Department of its asserted belief shall constitute a waiver of such claim.
37. HEADINGS. The headings contained herein are for convenience only, do not constitute a part of
this Contract and shall not be deemed to limit or affect any of the provisions hereof.
38. INTEGRATION. This Contract contains all the terms and conditions agreed upon by the parties,
which terms and conditions shall govern all transactions between the Department and the Contractor.
Any alterations, variations, changes, modifications or waivers of provisions of this Contract shall only be
valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to
the original of this Contract, unless otherwise provided herein. No oral agreements or representations
shall be valid or binding upon the Department or the Contractor. No alteration or modification of the
Contract terms, including substitution of product, shall be valid or binding against the Department.
Contractor may not unilaterally modify the terms of this Contract by affixing additional terms to product
upon delivery(e.g., attachment or inclusion of standard preprinted forms, product literature, "shrink wrap"
terms accompanying or affixed to a product, whether written or electronic) or by incorporating such terms
onto the Contractor's order or fiscal forms or other documents forwarded by the Contractor for payment.
Department's acceptance of product or processing of documentation on forms furnished by the Contractor
for approval or payment shall not constitute acceptance of the proposed modification to terms and
conditions.
39. INTERPRETATION OF CONTRACT.
A. Where appropriate: the singular includes the plural and vice versa; references to statutes or
regulations include all statutory or regulatory provisions consolidating, amending or replacing the statute
or regulation referred to; unless otherwise indicated references to Rules are to the adopted rules in the
Florida Administrative Code; the words "including,""includes"and "include" shall be deemed to be
followed by the words"without limitation"; unless otherwise indicated references to sections, appendices
or schedules are to this Contract;words such as"herein,""hereof' and "hereunder" shall refer to the
entire document in which they are contained and not to any particular provision or section;words not
otherwise defined which have well-known technical or construction industry meanings, are used in
accordance with such recognized meanings; references to Persons include their respective permitted
successors and assigns and, in the case of Governmental Persons, Persons succeeding to their
respective functions and capacities; and words of any gender used herein shall include each othergender
where appropriate.
B. Contractor acknowledges and agrees that it has independently reviewed this Contract with
legal counsel, and that it has the requisite experience and sophistication to understand, interpret and
agree to the particular language of the terms. Accordingly, if an ambiguity in (or dispute regarding the
interpretation of)this Contract shall arise, the Contract shall not be interpreted or construed against the
Department, and, instead, other rules of interpretation and construction shall be used
40. MODIFICATIONS REQUIRED BY LAW. Department reserves the right to revise this Contract to
include additional language required by Federal agency(ies) or other sources awarding funding to the
Department in support of this Contract, if applicable, and to include changes required by Florida
Administrative Code rule changes.
41. MYFLORIDAMARKETPLACE TRANSACTION FEE. The State of Florida, through DMS, has
instituted MyFloridaMarketPlace, a statewide e-procurement system. Pursuant to Rule 60A-1.031,
Florida Administrative Code, payments under this Contract are exempt from the MyFloridaMarketPlace
transaction fee.
42. NONDISCRIMINATION.
A. Contractor certifies that no person, on the grounds of race, creed, color, religion, national origin,
age, gender, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or
be otherwise subjected to discrimination in performance of this Contract.
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B. Contractor certifies that neither it nor any affiliate is or has been placed on the discriminatory
vendor list. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a
bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a
public entity for the construction or repair of a public building or public work, may not submit bids on
leases of real property to a public entity, may not award or perform work as a contractor, supplier,
subcontractor or consultant under contract with any public entity, and may not transact business with any
public entity. The Florida Department of Management Services ("DMS") is responsible for maintaining the
discriminatory vendor list and posts the list on its website. Questions regarding the discriminatory vendor
list may be directed to the Florida Department of Management Services, Office of Supplier Diversity at
850)487-0915.
C. Contractor shall comply with the Americans with Disabilities Act.
43. NON-SOLICITATION. Contractor covenants and warrants that it has not employed or retained any
company or person, other than a bona fide employee working solely for the Contractor to solicit or secure
this Contract and that it has not paid or agreed to pay any person, company, corporation, individual, or
firm, other than a bona fide employee working solely for the Contractor any fee, commission, percentage,
gift or other consideration contingent upon or resulting from the award or making of this Contract.
44. NON-WAIVER OF RIGHTS. No delay or failure to exercise any right, power or remedy accruing to
either party upon breach or default by the other party under this Contract, shall impair any such right,
power or remedy of either party; nor shall such delay or failure be construed as a waiver of any such
breach or default, or any similar breach or default thereafter.
45. ORDER OF PRECEDENCE. In the event of a conflict in terms between any of the components of
this Contract, the order of precedence for resolving such conflict shall be as follows (1 being the highest
precedence):
1. Body of this Contract;
2. Scope;
3. All other attachments to this Contract; and
4. Documents, agreements and exhibits incorporated herein by reference.
46. OWNERSHIP OF DOCUMENTS.All plans, specifications, maps, computer files, databases and/or
reports prepared or obtained under this Contract, as well as data collected together with summaries and
charts derived therefrom, shall be considered works made for hire and shall be and become the property
of the Department upon completion or termination of this Contract, without restriction or limitation on their
use, and shall be made available upon request to the Department at any time during the performance of
such services and/or upon completion or termination of this Contract. Upon delivery to the Department of
said document(s), the Department shall become the custodian thereof in accordance with Chapter119,
F.S. Contractor shall not copyright any material and products or patent any invention developed under
this Contract.
47. P.R.I.D.E. When possible, the Contractor agrees that any articles which are the subject of, or
required to carry out, this Contract shall be purchased from P.R.I.D.E. as specified in Chapter 946, F.S.,
if available, in the same manner and under the same procedures set forth in Section 946.515(2) and (4),
F.S.; and for purposes of this Contract the person, firm or other business entity carrying out the provisions
of this Contract shall be deemed to be substituted for this agency insofar as dealings with P.R.I.D.E. are
concerned.
The "Corporation identified" is PRISON REHABILITATIVE INDUSTRIES AND DIVERSIFIED
ENTERPRISES, INC. (P.R.I.D.E.) which may be contacted at:
P.R.I.D.E.
12425 28th Street, North
St. Petersburg, Florida 33716-1826
Toll Free: 1-800-643-8459
Website: http://www.pride-enterprises.org/
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48. PUBLIC ENTITY CRIMES. A person or affiliate (as defined) who has been placed on the convicted
vendor list following a conviction for a public entity crime may not perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity, and may not transact business with
any public entity in excess of the threshold amount for Category Two (as defined in Section 287.017,
F.S.), for a period of 36 months from the date of being placed on the convicted vendor list, pursuant to
Section 287.133, F.S. Contractor certifies that neither it nor any affiliate has been placed on such
convicted vendor list, and shall notify the Department within five (5) days of its, or any of its affiliate's,
placement thereon.
49. PUBLIC RECORDS. Public Records Requirements (Attachment F), as attached to this Contract, are
hereby incorporated into the Contract.
50. RECORD KEEPING AND AUDIT.
A. Contractor shall maintain books, records and documents directly pertinent to performance
under this Contract in accordance with United States generally accepted accounting principles (US
GAAP) consistently applied. Department, the State, or their authorized representatives shall have access
to such records for audit purposes during the term of this Contract and for five (5) years following Contract
completion or termination. In the event any work is subcontracted, the Contractor shall similarly require
each subcontractor to maintain and allow access to such records for audit purposes.
B. The Contractor understands its duty, pursuant to Section 20.055(5), F.S., to cooperate with the
Department's Inspector General in any investigation, audit, inspection, review, or hearing. The Contractor
will comply with this duty and ensure that its subcontracts issued under this Contract, if any, impose this
requirement, in writing, on its subcontractors.
51. REMEDIES. All rights and remedies provided in this Contract are cumulative and not exclusive of
any other rights or remedies that may be available to the Department,whether provided by law, equity,
statute, in any other agreement between the parties or otherwise. Department shall be entitled to
injunctive and other equitable relief, including, but not limited to, specific performance, to prevent a
breach, continued breach or threatened breach of this Contract. No remedy or election thereunder shall
be deemed exclusive. A failure to exercise or a delay in exercising, on the part of the Department, any
right, remedy, power or privilege hereunder shall not operate as a waiver thereof; nor shall any single or
partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise
thereof or the exercise of any other right, remedy, power or privilege.
52. RESPECT OF FLORIDA. When possible, the Contractor agrees that any articles that are the
subject of, or required to carry out, this Contract shall be purchased from a nonprofit agency for the blind
or for the severely handicapped that is qualified pursuant to Chapter 413, F.S., in the same manner and
under the same procedures set forth in Section 413.036(1) and (2), F.S.; and for purposes of this
Contract the person, firm, or other business entity carrying out the provisions of this Contract shall be
deemed to be substituted for the state agency insofar as dealing with such qualified nonprofit agency is
concerned.
The"nonprofit agency" identified is RESPECT of Florida which may be contacted at:
RESPECT of Florida.
2475 Apalachee Parkway, Suite 205
Tallahassee, Florida 32301-4946
850)487-1471
Website: www.respectofflorida.orq
53. TAX EXEMPTION. Contractor recognizes that the Department is an agency of the State of Florida,
which by virtue of its sovereignty is not required to pay any taxes on the services or goods purchased
under the terms of this Contract. Department does not pay Federal excise or sales taxes on direct
purchases of tangible personal property. Department will not pay for any personal property taxes levied
on the Contractor or for any taxes levied on employees'wages.
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ATTACHMENT A
SCOPE OF WORK
STORAGE TANK SYSTEM COMPLIANCE ASSISTANCE
GUIDANCE DOCUMENTS
The Contractor shall perform the services required under this Contract in accordance with the guidance
documents and the terms of this Contract.The guidance documents referenced herein shall be provided to
the Contractor with each executed Task Assignment.The Department reserves the right to update or
amend the guidance documents as needed.
WORK DESCRIPTION
1. The Contractor shall perform routine compliance inspections within the jurisdictional (geographical)
boundaries of the specified counties as required by an executed Task Assignment(s)at the following
Chapter 376, F.S., facilities: storage tanks regulated pursuant to Sections 376.30 — 376.317, F.S.
excluding cattle dip vats, dry-cleaning facilities and designated Brownfields) and Chapters 62-761
and 62-762, F.A.C. In addition, the Contractor shall perform closure inspections, installation
inspections, discharge inspections, re-inspections, and complaint inspections as applicable, in
accordance with each Task Assignment. All inspections shall be performed by an individual(s) in a
position equivalent to an Environmental Specialist I level or higher. Beginning on the effective date
of this Contract,the Contractor is authorized to enter private property in order to carry out inspections
pursuant to Sections 403.091 and 403.858, Florida Statutes. However, an authorized facility
representative must safely access all storage tank system components for inspection by the
Contractor, and must demonstrate operational functionality of electronic equipment. This Scope of
Work provides the minimum services the Department is seeking. The specific Tasks, Deliverables,
Performance Measures, and Deliverable due dates will be included in each issued Task Assignment.
TASKS
2. Inspections must be performed in accordance with each executed Task Assignment.
A. Perform routine compliance inspections of facilities listed on each executed Task Assignment.
Facilities not listed for inspection during the current executed Task Assignment will be
prioritized to be inspected during subsequent Task Assignments.
B. Perform all closure inspections at known storage tank system closure activities (limited to
Tanks, Sumps, Spill Containment Systems, Spill Buckets, Integral Piping and Bulk Product
Piping and any other components as directed) and of past closure activities that have been
discovered as having taken place without notification to ensure that the system or system
component is properly closed in accordance with Chapters 62-761 and 62-762, F.A.C., as
applicable.
C. Perform all installation inspections of known new installations and of past installations (limited
to Tanks, Sumps, Spill Containment Systems, Spill Buckets, Integral Piping and Bulk Product
Piping and any other components as directed) that have been discovered as having taken
place without notification to ensure that the system or system component is properly
constructed and installed in accordance with Chapters 62-761 and 62-762, F.A.C., as
applicable.
D. Perform a discharge inspection at all facilities with known or suspected discharges within
fourteen (14) calendar days of receipt of notification.
E. Re-inspections may only be performed for payment as needed to verify compliance of items
identified as requiring a re-inspection, as referenced in the "Storage Tank System Program (®
Restated Contract No. GC919, Attachment A, Page 1 of 6
Page 4698 of 9661
Violation List" (Guidance Document A). For all other violations, a re-inspection may only be
performed for payment if the Contractor and the Department Task Manager agree, prior to the
inspection, that it is warranted.
F. Respond to complaints concerning regulated facilities, and/or as directed by the Department
Task Manager by performing a complaint inspection. Inspection findings concerning regulated
facilities shall be documented in a complaint inspection report activity in FIRST. Complaint
inspections not involving a regulated facility shall be documented in writing and/or as directed
by the Department Task Manager.
3. Inspector responsibilities shall include:
A. Contacting facility owners, operators, and/or other authorized representatives verbally or in
writing,to schedule inspections.The Department Task Manager may require written notification
of inspections if verbal methods have proven unsatisfactory. For routine compliance
inspections, the Contractor shall provide outreach to each facility prior to the inspection by
contacting the facility at least five(5)calendar days in advance of the inspection, reminding the
facility to view the inspection videos on the Department's website prior to the upcoming
inspection, and discussing recent previous inspections at the facility noting any violations cited.
This outreach is to be documented in FIRST in a Phone or Electronic Communication Activity,
depending on how the contact was made.
B. Conducting inspections with the owners, operators, and/or other authorized representatives of
facilities for the purpose of determining compliance with Chapters 62-761 and 62-762, F.A.C.,
and Chapter 376, F. S.
C. Distributing registration forms or providing directions for the use of the Electronic Self Service
Application Portal (ESSA) on the Department's website to all facilities that are determined by
the Contractor to need registration updates.
D. All inspection activities shall be documented using the Florida Inspection Reporting for Storage
Tanks (FIRST) database and FIRST equipment in accordance with the minimum standards
referenced in the "FIRST User's Guide" (Guidance Document B).
E. All inspection reports shall be completed in accordance with the "Level of Effort Guidance"
Guidance Document F). The date and manner of the issuance of the inspection report to the
facility owner/operator shall be documented in FIRST. This may be accomplished with the
completion of one or more supporting activities in FIRST, such as a Non-Compliance Project
Letter Activity, Issue Document Activity, and/or Electronic Communication Activity.
F. Responding to requests for public assistance both in the office and during inspections.
4. Perform Level 1 Compliance Assistance Actions.
A. These actions shall include investigation and documentation of violations of Chapters 62-761
and 62-762, F.A.C., or the county's equivalent regulations, preparation of Compliance
Assistance letters and related activities in accordance with the"Storage Tank System Program
Violation List" (Guidance Document A)and"Level of Effort Guidance"(Guidance Document F).
B. An individual(s) in a position equivalent to an Environmental Specialist II level or higher shall
conduct Level 1 Compliance Assistance activities. Compliance Assistance letters may be
prepared and sent by an individual(s)at the Environmental Specialist I level under the direction
of an individual at the Environmental Specialist II level or higher.
C. All Compliance Assistance letters shall be on Department forms, in Department format, or have
Department approval.
D. Compliance Assistance letters shall be issued through FIRST in accordance with the "FIRST
User's Guide" (Guidance Document B) to ensure that the letters are posted to the OCULUS
Restated Contract No. GC919, Attachment A, Page 2 of 6
Page 4699 of 9661
document management system.
E. If there is any indication that Compliance Assistance actions are not being performed in
accordance with "Level of Effort Guidance" (Guidance Document F); the Department Task
Manager may request the submission of a Corrective Action Plan (CAP), and may recommend
to the Department Contract Manager to hold invoices until such actions are being performed to
the satisfaction of the Department Task Manager. The Department Task Manager shall be
responsible for reviewing the CAP and notifying the Contractor if the CAP is approved or in
need of revision.
F. The Contractor must maintain the administrative organization, staff, financial and other
resources necessary to effectively administer the requirements of this Attachment. Failure to
do so is a material breach of this Contract.
G. This Attachment specifically does not include actions associated with the cleanup or
enforcement of Contractor-owned or operated petroleum storage systems or any discharge(s)
associated with them.
ASSESSMENT OF PERFORMANCE LEVELS
5. The Contractor shall perform inspections as directed in paragraph 4, above, and assess performance
levels monthly to determine its progress towards completion of each Task Assignment. Upon
discovery of any problems that would delay or prevent the timely progress and completion of each
Task Assignment, the Contractor shall notify the Department Task Manager.
6. Following the effective date of each Task Assignment, the Contractor must have completed the
following percentage of the required routine compliance inspections unless otherwise indicated in the
Task Assignment:
A. After four(4) months, thirty three percent (33%) of inspections must have been completed.
B. After eight(8) months, sixty six percent (66%) of inspections must have been completed.
C. After twelve (12) months, one hundred percent (100%) of inspections must have been
completed.
7. If the actual number of completed inspections falls below these levels, then the Contractor must
submit a CAP to the Department Task Manager, and associated invoices will be held by the
Department Contract Manager until these completion percentages are subsequently reached.
8. If there is any indication that other required inspections or activities are not being performed, the
Department Task Manager may request the submission of a CAP and may recommend to the
Department Contract Manager to hold invoices until such actions are being performed to the
satisfaction of the Department Task Manager.
9. The Department Task Manager shall be responsible for reviewing all CAPs and notifying the
Contractor if the CAP is approved or is in need of revision.
10. A completion rate of 100 percent is required for those activities described in Paragraph 1, above, and
as set forth in each Task Assignment, unless otherwise indicated in the Task Assignment.
11. The Department shall authorize the Contractor to provide services under this Contract utilizing the
Task Assignment Notification Form, attached to the Contract as Attachment C. The Contractor
acknowledges that no work shall be performed until a Task Assignment authorizing work has been
fully executed by the Department and the Contractor. If, during the term of an executed Task
Assignment, a modification of the Task Assignment is needed,the Department may issue a new Task
Assignment Form clearly marked with the original task number and the appropriate amendment
06,
Restated Contract No. GC919, Attachment A, Page 3 of 6
Page 4700 of 9661
number, detailing the revised description of the work to be performed. As with the original Task
Assignment, all amendments to Task Assignments must be executed by both the Department and
the Contractor prior to the work being performed.
SCOPE REQUIREMENTS
12. The Contractor shall administer the compliance verification program, provide technical assistance,
and perform level 1 Compliance Assistance actions. Data generated from all inspections conducted
under the direction of the Department shall be entered into FIRST, and completed, prior to the
submittal of an invoice to the Department Contract Manager.
13. The Contractor shall comply with all provisions of this Contract, verify facility compliance with Chapter
376, F.S., and Chapters 62-761 and 62-762, and be knowledgeable of the differences between the
state and federal environmental statutes and rules applicable to underground storagetanks.
14. The Contractor shall require that qualified individuals perform field inspections and that they receive
training on Chapters 62-761 and 62-762, and Chapter 376, F.S.
15. The Contractor shall provide a sufficient number of qualified staff to satisfactorily complete all the
responsibilities included in this Contract. All individuals hired after the effective date of this Contract
shall possess qualifications equivalent to Department position levels as specified in this Contract.
16. The Contractor shall determine the accurate latitude and longitude coordinates for each regulated
facility inspected using Department-approved procedures and ensure the proper entry of this data
into the Department inspection database.
17. The Contractor shall review closure reports filed by facility owners, operators, or authorized
representatives to ensure that the Department's "Instructions for Conducting Sampling During
Aboveground Storage Tank Closure" (Guidance Document C1) and "Instructions for Conducting
Sampling During Underground Storage Tank Closure"(Guidance Document C2)have been followed.
In cases where these requirements have not been met, the Contractor shall initiate Level 1
Compliance Assistance actions to compel compliance. In cases where these requirements have been
met and none the of Department's cleanup target levels have been exceeded, the Contractor shall
issue a Closure Report Review Letter for the system or component described in the Closure Report
indicating the Closure Report meets the requirements of Chapter 62-761 and/or 62-762,
F.A.C. In cases where cleanup target levels have been exceeded and it has been determined to be
a new discharge, the Contractor shall prepare and send a Site Assessment Report request letter to
the facility owner and operator, if appropriate. In addition, the Contractor shall provide notification to
the Department Task Manager within thirty (30) days of the determination of a new discharge at a
facility.
18. The Contractor shall prepare and send a Site Assessment Report request letter to the facility owner
and operator, if appropriate, in cases where a new discharge has been discovered related to a
regulated storage tank system, but unrelated to a closure as discussed in paragraph 13., above. In
addition, the Contractor shall provide within thirty (30) days of the determination of a new discharge
at a facility.
19. The Contractor shall maintain its paper files on regulated facilities that were composed prior to the
FIRST database implementation, as well as documentation from the facility that may not be available
in FIRST, such as closure reports. In the event a case referral to the Department District Office for
further enforcement is necessary, a copy of any documents pertinent to the case that are not available
in FIRST shall be submitted to the Department District Office in accordance with the "Guidelines for
Case Referrals" (Guidance Document G).
20. Facility files must be kept until the site has been determined closed. Once the facility has been closed
for five(5) years, the records may be transmitted electronically to the Department Contract Manager
Restated Contract No. GC919, Attachment A, Page 4 of 6
Page 4701 of 9661
in Tallahassee for preservation, unless the Contractor is subject to more stringent local record
retention requirements. Copies can be maintained by the Contractor at the Contractor's expense. If,
for any reason, the Department's contractual arrangement with the Contractor to perform the
inspection program (through this Contract or any future contracts) ceases, the Contractor shall
transmit electronic copies of all documents to the Department Contract Manager.
21. The Contractor shall provide attendance of at least one program staff member at scheduled meetings,
conferences, and teleconferences. The Department Task Manager may authorize attendance at a
location other than the District Office. The Contractor shall provide attendance of additional staff
members as requested by the Department.
22. The Contractor shall ensure that all field personnel receive the health and safety training required to
meet OSHA standards (an initial 24 or 40-hour course within 6 months of employment under this
Contract, followed by an annual 8-hour refresher course).
23. The Contractor shall supervise the Local Compliance Program with an individual at a minimum
equivalent to the Department's Environmental Specialist III personnel category.
24. The Contractor shall provide copies of applicable rules, inspection forms, and other program/public
assistance information to the public and regulated interests. However, this provision does not
authorize photocopying of reference documents in violation of copyright law.
25. The Contractor shall maintain financial books, records, and documents directly pertinent to
performance under this Contract in accordance with generally accepted accounting principles
consistently applied. All books, records, and documents pertinent to performance under this Contract
shall be maintained for the entire term of this Contract and for five years following the expiration or
termination of this Contract.The Department,the State, or their authorized representatives shall have
access to such records for audit purposes during the entire term of this Contract and for five years
following the expiration or termination of this Contract. A penalty of 8.3% of the current Task
Assignment amount will be assessed for each year that shows insufficient record keeping.
26. The Contractor shall not allocate funding to non-program activities outside the scope of this Contract
or any Task Assignment. Sections 376.3071 and 376.11, F.S., prohibit the use of Inland Protection
Trust Fund (IPTF) and Florida Coastal Protection Trust Fund (FCPTF) moneys for purposes other
than those specified in these sections.
27. Access to Department databases shall be made by using an Internet connection. Therefore, the
Contractor is responsible for subscribing to and paying for all charges related to use of the services
of a reputable Internet service provider.The Contractor must have a dedicated Internet line for FIRST.
28. The Contractor shall provide a written response within forty-five (45) days to the Program Review
findings conducted in accordance with paragraph 37, below, and at a minimum, provide details on
any corrective actions that will be implemented.
29. The Contractor shall submit a satisfactory Corrective Action Plan to the Department Task Manager
upon notification of a score below seventy-five (75) on the Program Review within fourteen (14)
calendar days of notification of the score. Because a score below seventy-five (75) reflects an
unacceptable level of performance, if the Contractor receives a score below seventy-five (75) may
result in contract termination.
30. The Contractor is responsible for the professional quality, technical accuracy, and coordination of all
reports and other services furnished by the Contractor under this Contract. The Contractor shall,
without additional compensation, correct or revise any errors, omissions, or other deficiencies in its
reports and other services.
DEPARTMENT RESPONSIBILITIES
31. The Department shall serve in an advisory capacity to the Contractor. The Department shall make
Restated Contract No. GC919, Attachment A, Page 5 of 6
Page 4702 of 9661
legal interpretations of Department rules, which shall be binding with respect to the Contractor's
ordinances to the extent that those ordinances adopt the provisions of Chapters 62-761 and 62-762,
F.A.C., as required by this Contract.
32. The Department shall review completed inspection reports when and as deemed necessary.
33. The Department shall provide program and regulatory guidance for the Contractor. The Department
shall provide training in new technology and program management changes as necessary.
34. The Department shall conduct enforcement activities for violations of Chapters 62-761 and 62-762,
F.A.C., when case referrals are properly made and forwarded to the District Office in accordance with
the"Guidelines for Case Referrals" (Guidance Document G).
35. The Department shall provide information to the Contractor about Department registered storage tank
system equipment and alternate procedures (waivers, variances, or registrations).
36. At least once annually, the Department shall perform a Program Review using the "Compliance
Verification Program Local Program Review Form" (Guidance Document D), and provide a copy of
the Program Review findings to the Contractor upon completion of the Program Review. The
Department may conduct inspections, including accompanied inspections and follow-up inspections,
at any reasonable time. In addition, the Department may also conduct facility file reviews through
FIRST at any time. The Department Task Manager may perform additional program reviews, as
deemed necessary, to insure the required performance of the Contractor. The Department Task
Manager may forgo a Program Review for the next Task Assignment for a Contractor that receives
a score of 95 or greater on the Program Review during the current Task Assignment.
PAYMENTS
37. The Contractor shall submit invoices on a monthly basis. Each invoice shall be submitted using the
Contractual Services Invoice" (Guidance Document E). Each invoice is due no later than the 15th
day of the month following the month of services. The invoice shall be submitted electronically to the
Department Contract Manager at STR Invoices( dep.state.fl.us and copied to the Department Task
Manager_Reimbursement requests for the purchase of non-expendable equipment costing $1,000
or more must include copies of invoices or receipts to document the charges.
DOCUMENTATION
38. Prior to the submittal of each month's invoice to the Department Contract Manager, the Contractor
shall complete and submit electronically the "Payment Calculation Sheet" (Guidance Document H)
for the month to the Department Task Manager no later than the 10th day of the month following the
month of services. The Department Task Manager shall review the monthly Payment Calculation
Sheet for accuracy and completeness and shall return the approved Payment Calculation Sheet to
the Contractor for submittal with the monthly invoice to the Department Contract Manager in
Tallahassee, Florida for processing. If the Contractor fails to perform as directed by the terms of this
Contract, the Department shall return the unpaid invoice to the Contractor documenting the areas in
which the Contractor has failed to meet its contractual obligations.
MANAGEMENT
39. The Department Contract Manager is Roger Ruiz, Phone(850)245-8854. The Contractor's Contract
Manager is Phil Snyderburn, Phone (239) 207-0920. Each Task Assignment will identify the
Department Task Manager and the Contractor's Task Manager.All matters relating to a specific Task
Assignment shall be directed to the Department Task Manager for appropriate action or disposition.
All matters relating to this Contract shall be directed to the Department Contract Manager.
S
Restated Contract No. GC919, Attachment A, Page 6 of 6
Page 4703 of 9661
ATTACHMENT B
SCOPE OF WORK
STORAGE TANK SYSTEM COMPLIANCE ASSISTANCE AND ENFORCEMENT ACTIONS
GUIDANCE DOCUMENTS
The Contractor shall perform the services required under this Contract in accordance with the guidance
documents and the terms of this Contract. The guidance documents referenced herein shall be provided to
the Contractor with each executed Task Assignment. The Department reserves the right to update or
amend the guidance documents as needed.
WORK DESCRIPTION
1. The Contractor shall perform routine compliance inspections within the jurisdictional (geographical)
boundaries of the specified counties as required by an executed Task Assignment(s)at the following
Chapter 376, F.S., facilities: storage tanks regulated pursuant to Sections 376.30 — 376.317, F.S.
excluding cattle dip vats, dry-cleaning facilities and designated Brownfields) and Chapters 62-761
and 62-762, F.A.C., In addition, the Contractor shall perform closure inspections, installation
inspections, discharge inspections, re-inspections, and complaint inspections as applicable, in
accordance with each Task Assignment. All inspections shall be performed by an individual(s) in a
position equivalent to an Environmental Specialist I level or higher. Beginning on the effective date
of this Contract, the Contractor is authorized to enter private property in order to carry out inspections
pursuant to Sections 403.091 and 403.858, Florida Statutes. However, an authorized facility
representative must safely access all storage tank system components for inspection by the
Contractor, and must demonstrate operational functionality of electronic equipment. This Scope of
Work provides the minimum services the Department is seeking. The specific Tasks, Deliverables,
Performance Measures, and Deliverable due dates will be included in each issued Task Assignment.
TASKS
2. Inspections must be performed in accordance with each executed Task Assignment.
A. Perform routine compliance inspections of facilities listed on each executed Task Assignment.
Facilities not listed for inspection during the current executed Task Assignment will be
prioritized to be inspected during subsequent Task Assignments.
B. Perform all closure inspections at known storage tank system closure activities (limited to
Tanks, Sumps, Spill Containment Systems, Spill Buckets, Integral Piping and Bulk Product
Piping and any other components as directed) and of past closure activities that have been
discovered as having taken place without notification to ensure that the system or system
component is properly closed in accordance with Chapters 62-761 and 62-762, F.A.C., as
applicable.
C. Perform all installation inspections of known new installations and of past installations (limited
to Tanks, Sumps, Spill Containment Systems, Buckets, Integral Piping and Bulk Product Piping
and any other components as directed) that have been discovered as having taken place
without notification to ensure that the system or system component is properly constructed and
installed in accordance with Chapters 62-761 and 62-762, F.A.C., as applicable.
D. Perform a discharge inspection at all facilities with known or suspected discharges within
fourteen (14) calendar days of receipt of notification.
E. Re-inspections may only be performed for payment as needed to verify compliance of items
identified as requiring a re-inspection, as referenced in the "Storage Tank System Program
0ViolationList" (Guidance Document A). For all other violations, a re-inspection may only be
90
Restated Contract No. GC919, Attachment B, Page 1 of 7
Page 4704 of 9661
performed for payment if the Contractor and the Department Task Manager agree, prior to the
inspection, that it is warranted.
F. Respond to complaints concerning regulated facilities, and/or as directed by the Department
Task Manager by performing a complaint inspection. Inspection findings concerning regulated
facilities shall be documented in a complaint inspection report activity in FIRST. Complaint
inspections not involving a regulated facility shall be documented in writing and/or as directed
by the Department Task Manager.
3. Inspector responsibilities shall include:
A. Contacting facility owners, operators, and/or other authorized representatives verbally or in
writing,to schedule inspections.The Department Task Manager may require written notification
of inspections if verbal methods have proven unsatisfactory. For routine compliance
inspections, the Contractor shall provide outreach to each facility prior to the inspection by
contacting the facility at least five(5)calendar days in advance of the inspection, reminding the
facility to view the inspection videos on the Department's website prior to the upcoming
inspection, and discussing recent previous inspections at the facility noting any violations cited.
This outreach is to be documented in FIRST in a Phone or Electronic Communication Activity,
depending on how the contact was made.
B. Conducting inspections with the owners, operators, and/or other authorized representativesof
facilities for the purpose of determining compliance with Chapters 62-761 and 62-762, F.A.C.,
and Chapter 376, F. S.
C. Distributing registration forms or providing directions for the use of the Electronic Self Service
Application Portal (ESSA) on the Department's website to all facilities that are determined by
the Contractor to need registration updates.
D. All inspection activities shall be documented using the Florida Inspection Reporting for Storage
Tanks (FIRST) database and FIRST equipment in accordance with the minimum standards
referenced in the"FIRST User's Guide" (Guidance Document B).
E. All inspection reports shall be completed in accordance with the "Level of Effort Guidance"
Guidance Document F). The date and manner of the issuance of the inspection report to the
facility owner/operator shall be documented in FIRST. This may be accomplished with the
completion of one or more supporting activities in FIRST, such as a Non-Compliance Project
Letter Activity, Issue Document Activity, and/or Electronic Communication Activity.
F. Responding to requests for public assistance both in the office and during inspections.
4. Perform Level 1 Compliance Assistance and Level 2 enforcement actions in accordance with Exhibit
A, Storage Tank System Compliance Assistance and Enforcement Actions, attached hereto and
made a part hereof.
A. Level 1 Compliance Assistance actions.
1) These actions shall include investigation and documentation of violations of Chapters 62-
761 and 62-762, F.A.C., or the county's equivalent regulations, preparation of Compliance
Assistance letters and related activities in accordance with the "Storage Tank System
Program Violation List" (Guidance Document A) and "Level of Effort Guidance"(Guidance
Document F).
2) An individual(s) in a position equivalent to an Environmental Specialist II level or higher
shall conduct Level 1 Compliance Assistance activities. Compliance Assistance letters may
be prepared and sent by an individual(s) at the Environmental Specialist I level under the
direction of an individual at the Environmental Specialist II level or higher.
Restated Contract No. GC919, Attachment B, Page 2 of 7
Page 4705 of 9661
3) All Compliance Assistance letters shall be on Department forms, in Department format, or
have Department approval.
4) Compliance Assistance letters shall be issued through FIRST in accordance with the
FIRST User's Guide" (Guidance Document B) to ensure that the letters are posted to the
OCULUS document management system.
5) If there is any indication that Compliance Assistance actions are not being performed in
accordance with"Level of Effort Guidance" (Guidance Document F); the Department Task
Manager may request the submission of a Corrective Action Plan (CAP), and may
recommend to the Department Contract Manager to hold invoices until such actions are
being performed to the satisfaction of the Department Task Manager. The Department
Task Manager shall be responsible for reviewing the CAP and notifying the Contractor if
the CAP is approved or in need of revision.
B. Level 2 enforcement actions.
1) These actions shall include initiation and completion of administrative and judicial
enforcement actions as lead party; preparing, delivering, and executing enforcement
documents including Warning Letters, Consent Orders, Notices of Violation, and Final
Orders; taking lead responsibility in the discovery process; determining appropriate judicial
remedies, including civil penalties, injunctive relief, and assessment of damages; and
performing post-judgment enforcement activities.
2) All Level 2 enforcement actions shall be conducted under the supervision of an attorney
licensed to practice law in the State of Florida and employed by the Contractor.
3) All enforcement documents shall be on Department forms, in Department format, or have
Department approval unless documents are being filed as part of a legal proceeding in
which case the rules of procedure for the body before which the legal proceeding is taking
place shall apply.
4) Any penalties assessed under this Exhibit shall be in accordance with "DEP Directive 923:
Settlement Guidelines for Civil and Administrative Penalties" (Guidance Document I).
5. The Contractor must perform the enforcement actions specified in this Exhibit under its own
ordinances. Therefore, the Contractor must have and maintain provisions adopting Chapters62-761
and 62-762, F.A.C., or their equivalent and penalty authority equivalent to that set forth in Sections
403.141 and 403.161, F.S., as their own local ordinances during the term of this Contract. Failure to
maintain such requirements shall result in the unilateral termination of this Contract by the
Department.
6. The Contractor must maintain the administrative organization, staff, financial and other resources
necessary to effectively administer the requirements of this Attachment. Failure to do so is a material
breach of this Contract.
7. This Attachment specifically does not include actions associated with the cleanup or enforcement of
Contractor-owned or operated petroleum storage systems or any discharge(s)associated with them.
8. If there is any indication that enforcement actions are not being performed or are inadequate, the
Department Task Manager may request the submission of a CAP and may recommend to the
Department Contract Manager to hold invoices until such actions are being performed to the
satisfaction of the Department Task Manager. The Department Task Manager shall be responsible
for reviewing the CAP and notifying the Contractor if the CAP is approved or in need of revision.
ASSESSMENT OF PERFORMANCE LEVELS
9. The Contractor shall perform inspections as directed in paragraph 4, above, and assess performance
levels monthly to determine its progress towards completion of each Task Assignment. Upon
Restated Contract No. GC919, Attachment B, Page 3 of 7
Page 4706 of 9661
discovery of any problems that would delay or prevent the timely progress and completion of each
Task Assignment, the Contractor shall notify the Department Task Manager.
10. Following the effective date of each Task Assignment, the Contractor must have completed the
following percentage of the required routine compliance inspections unless otherwise indicated in the
Task Assignment:
A. After four(4) months, thirty three percent(33%) of inspections must have been completed.
B. After eight(8) months, sixty six percent(66%) of inspections must have been completed.
C. After twelve(12)months,one hundred percent(100%)of inspections must have been completed.
11. If the actual number of completed inspections falls below these levels, then the Contractor must
submit a CAP to the Department Task Manager, and associated invoices will be held by the
Department Contract Manager until these completion percentages are subsequently reached.
12. If there is any indication that other required inspections or activities are not being performed, the
Department Task Manager may request the submission of a CAP and may recommend to the
Department Contract Manager to hold invoices until such actions are being performed to the
satisfaction of the Department Task Manager.
13. The Department Task Manager shall be responsible for reviewing all CAPs and notifying the
Contractor if the CAP is approved or needs revision.
14. A completion rate of 100 percent is required for those activities described in Paragraph 1, above, and
as set forth in each Task Assignment, unless otherwise indicated in the Task Assignment.
15. The Department shall authorize the Contractor to provide services under this Contract utilizing the
Task Assignment Notification Form, attached to the Contract as Attachment C. The Contractor
acknowledges that no work shall be performed until a Task Assignment authorizing work has been
fully executed by the Department and the Contractor. If, during the term of an executed Task
Assignment, a modification of the Task Assignment is needed,the Department may issue a new Task
Assignment Form clearly marked with the original task number and the appropriate amendment
number, detailing the revised description of the work to be performed. As with the original Task
Assignment, all amendments to Task Assignments must be executed by both the Department and
the Contractor prior to the work being performed.
SCOPE REQUIREMENTS
16. The Contractor shall administer the compliance verification program, provide technical assistance,
and perform level 1 Compliance Assistance actions. Data generated from all inspections conducted
under the direction of the Department shall be entered into FIRST, and completed, prior to the
submittal of an invoice to the Department Contract Manager.
17. The Contractor shall comply with all provisions of this Contract, verify facility compliance with Chapter
376, F.S., and Chapters 62-761 and 62-762, and be knowledgeable of the differences between the
state and federal environmental statutes and rules applicable to underground storage tanks.
18. The Contractor shall require that qualified individuals perform field inspections and that they receive
training on Chapters 62-761 and 62-762, and Chapter 376, F.S.
19. The Contractor shall provide a sufficient number of qualified staff to satisfactorily complete all the
responsibilities included in this Contract. All individuals hired after the effective date of this Contract
shall possess qualifications equivalent to Department position levels as specified in this Contract.
111:1?
Restated Contract No. GC919, Attachment B, Page 4 of 7
Page 4707 of 9661
20. The Contractor shall determine the accurate latitude and longitude coordinates for each regulated
facility inspected using Department-approved procedures and ensure the proper entry of this data
into the Department inspection database.
21. The Contractor shall review closure reports filed by facility owners, operators, or authorized
representatives to ensure that the Department's "Instructions for Conducting Sampling During
Aboveground Storage Tank Closure" (Guidance Document C1) and "Instructions for Conducting
Sampling During Underground Storage Tank Closure"(Guidance Document C2)have been followed.
In cases where these requirements have not been met, the Contractor shall initiate Level 1
Compliance Assistance actions to compel compliance. In cases where these requirements have been
met and none the of Department's cleanup target levels have been exceeded, the Contractor shall
issue a Closure Report Review Letter for the system or component described in the Closure Report
indicating the Closure Report meets the requirements of Chapter 62-761 and/or 62-762,
F.A.C. In cases where cleanup target levels have been exceeded and it has been determined to be
a new discharge, the Contractor shall prepare and send a Site Assessment Report request letter to
the facility owner and operator, if appropriate. In addition, the Contractor shall provide notification to
the Department Task Manager within thirty (30) days of the determination of a new discharge at a
facility.
22. The Contractor shall prepare and send a Site Assessment Report request letter to the facility owner
and operator, if appropriate, in cases where a new discharge has been discovered related to a
regulated storage tank system, but unrelated to a closure as discussed in paragraph 13., above. In
addition, the Contractor shall provide within thirty (30) days of the determination of a new discharge
at a facility.
23. The Contractor shall maintain its paper files on regulated facilities that were composed prior to the
FIRST database implementation, as well as documentation from the facility that may not be available
in FIRST, such as closure reports. In the event a case referral to the Department District Office for
further enforcement is necessary,a copy of any documents pertinent to the case that are not available
in FIRST shall be submitted to the Department District Office in accordance with the "Guidelines for
Case Referrals" (Guidance Document G).
24. Facility files must be kept until the site has been determined closed. Once the facility has been closed
for five (5) years, the records may be sent to the Department Contract Manager in Tallahassee for
preservation, unless the Contractor is subject to more stringent local record retention requirements.
Copies can be maintained by the Contractor at the Contractor's expense. If, for any reason, the
Department's contractual arrangement with the Contractor to perform the inspection program
through this Contract or any future contracts) ceases, the Contractor shall return all original facility
files to the Department Contract Manager in Tallahassee within 30 calendar days of Contract
expiration or termination.
25. The Contractor shall provide attendance of at least one program staff member at scheduled meetings,
conferences, and teleconferences. The Department Task Manager may authorize attendance at a
location other than the District Office. The Contractor shall provide attendance of additional staff
members as requested by the Department.
26. The Contractor shall ensure that all field personnel receive the health and safety training required to
meet OSHA standards (an initial 24 or 40-hour course within 6 months of employment under this
Contract, followed by an annual 8-hour refresher course).
27. The Contractor shall supervise the Local Compliance Program with an individual at a minimum
equivalent to the Department's Environmental Specialist III personnel category.
Restated Contract No. GC919, Attachment B, Page 5 of 7
Page 4708 of 9661
28. The Contractor shall provide copies of applicable rules, inspection forms, and other program/public
assistance information to the public and regulated interests. However, this provision does not
authorize photocopying of reference documents in violation of copyright law.
29. The Contractor shall maintain financial books, records, and documents directly pertinent to
performance under this Contract in accordance with generally accepted accounting principles
consistently applied. All books, records, and documents pertinent to performance under this Contract
shall be maintained for the entire term of this Contract and for five years following the expiration or
termination of this Contract.The Department,the State, or their authorized representatives shall have
access to such records for audit purposes during the entire term of this Contract and for five years
following the expiration or termination of this Contract. A penalty of 8.3% of the current Task
Assignment amount will be assessed for each year that shows insufficient record keeping.
30. The Contractor shall not allocate funding to non-program activities outside the scope of this Contract
or any Task Assignment. Sections 376.3071 and 376.11, F.S., prohibit the use of IPTF and Florida
Coastal Protection Trust Fund (FCPTF) moneys for purposes other than those specified in these
sections.
31. Access to Department databases shall be made by using an Internet connection. Therefore, the
Contractor is responsible for subscribing to and paying for all charges related to use of the services
of a reputable Internet service provider. The Contractor must have a dedicated Internet line for
FIRST.
32. The Contractor shall provide a written response within forty-five (45) days to the Program Review
findings conducted in accordance with paragraph 38, below, and at a minimum, provide details on
any corrective actions that will be implemented.
33. The Contractor shall submit a satisfactory Corrective Action Plan to the Department Task Manager
upon notification of a score below seventy-five (75) on the Program Review within fourteen (14)
calendar days of notification of the score. Because a score below seventy-five (75) reflects an
unacceptable level of performance, if the Contractor receives a score below seventy-five(75) may
result in contract termination.
34. The Contractor is responsible for the professional quality, technical accuracy, and coordination of all
reports and other services furnished by the Contractor under this Contract. The Contractor shall,
without additional compensation, correct or revise any errors, omissions, or other deficiencies in its
reports and other services.
DEPARTMENT RESPONSIBILITIES
35. The Department shall serve in an advisory capacity to the Contractor. The Department shall make
legal interpretations of Department rules, which shall be binding with respect to the Contractor's
ordinances to the extent that those ordinances adopt the provisions of Chapters 62-761 and 62-762,
F.A.C., as required by this Contract.
36. The Department shall review completed inspection reports when and as deemed necessary.
37. The Department shall provide program and regulatory guidance for the Contractor. The Department
shall provide training in new technology and program management changes as necessary.
38. The Department shall conduct enforcement activities for violations of Chapters 62-761 and 62-762,
F.A.C., when case referrals are properly made and forwarded to the District Office in accordance with
the"Guidelines for Case Referrals" (Guidance Document G).
39. The Department shall provide information to the Contractor about Department registered storage tank
system equipment and alternate procedures (waivers, variances, or registrations).
CAO
Restated Contract No. GC919, Attachment B, Page 6 of 7
Page 4709 of 9661
40. At least once annually, the Department shall perform a Program Review using the "Compliance
Verification Program Local Program Review Form" (Guidance Document D), and provide a copy of
the Program Review findings to the Contractor upon completion of the Program Review. The
Department may conduct inspections, including accompanied inspections and follow-up inspections,
at any reasonable time. In addition, the Department may also conduct facility file reviews through
FIRST at any time. The Department Task Manager may perform additional program reviews, as
deemed necessary, to insure the required performance of the Contractor. The Department Task
Manager may forgo a Program Review for the next Task Assignment for a Contractor that receives
a score of 95 or greater on the Program Review during the current Task Assignment.
PAYMENTS
41. The Contractor shall submit invoices on a monthly basis. Each invoice shall be submitted using the
Contractual Services Invoice" (Guidance Document E). Each invoice is due no later than the 15th
day of the month following the month of services. The invoice shall be submitted electronically to the
Department Contract Manager at STR Invoices(@dep.state.fl.us and copied to the Department Task
Manager. Reimbursement requests for the purchase of non-expendable equipment costing $1,000
or more must include copies of invoices or receipts to document the charges.
REPORTS AND DELIVERABLES
42. Prior to the submittal of each month's invoice to the Department Contract Manager, the Contractor
shall complete and submit electronically the "Payment Calculation Sheet" (Guidance Document H)
for the month to the Department Task Manager no later than the 10th day of the month following the
month of services. The Department Task Manager shall review the monthly Payment Calculation
Sheet for accuracy and completeness and shall return the approved Payment Calculation Sheet to
the Contractor for submittal with the monthly invoice to the Department Contract Manager in
Tallahassee, Florida for processing. If the Contractor fails to perform as directed by the terms of this
Contract, the Department shall return the unpaid invoice to the Contractor documenting the areas in
which the Contractor has failed to meet its contractual obligations.
MANAGEMENT
45. The Department Contract Manager is Roger Ruiz, Phone(850)245-8854. The Contractor's Contract
Manager is Phil Snyderburn, Phone (239) 207-0920. Each Task Assignment will identify the
Department Task Manager and the Contractor's Task Manager.All matters relating to a specific Task
Assignment shall be directed to the Department Task Manager for appropriate action or disposition.
All matters relating to this Contract shall be directed to the Department Contract Manager.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
OCI°
Restated Contract No. GC919, Attachment B, Page 7 of 7
Page 4710 of 9661
Attachment C
Florida Department of Environmental Protection Task
Assignment Notification Form for COLLIER COUNTY
Contract No. GC919 Task No. xx Amendment No. Date xxx
Performance Period: Effective the date of execution of this Task Assignment or July 1,2017,
whichever is later,and shall remain in effect until June 30,2018.
Description: (Additional Pages May Be Utilized)
The Contractor shall complete the following services in accordance wit ®e requi ent's un Contract o.'>
GC919 and the whianeejoeumittsguidance atteehed to this k,As4 _r
Conduct routine compliance inspections at the xx facilities storage tank systems within Collier
County, identified in Exhibit#1,by May31,2xxx.
Perform all re-inspections per Guidance Document A to confirm compliance within Collier
County.Comply with the Revised Invoice Procedure(Page 2)
Utilize the new Contractual Services Invoice Form for all monthly invoices(Guidance Document
E)
Compensation will only occur for routine annual compliance inspections conducted at the facilities
explicitly identified in the revised Payment Calculation Sheet(Guidance Document H)
The Contractor must perform all Enforcement Actions inaccordance with Guidance Document F
Level of Effort),as attached to this Task,Assignment.
Order of Inspection and Substitutions of Facilities on Exhibit#1:
Contractor is to conduct routine inspection in order provided in Exhibit#1. Substitutions of facilities are
authorized with sites listed on the substitution list on Exhibit#1.The Contractor wishing to substitute a
facility shall email department at STR Invoices@depstate.fl.us stating the facility and reason for the
substitution.The Department will notify via email authorizing the substitution.Copies of authorizations
shall be retained by the Contractor for the remainder of the Contract.
Performance Criteria:
1. Number of days to return to compliance for facilities receiving routine inspections
2. Percent of facilities returned to compliance for facilities receiving routine
inspections
FDEP will determine levels of performance based on routine inspections completed before May 1,2xxx.
This will allow for the sixty days return to compliance rate to be determined before July 1,2xxx.
Payment schedule: Compensation will occur on a monthly basis,per the attached fee schedule.Invoices are
due no later than the 15th day of the month proceeding work activity.The Contractor must submit a signed
Contractual Services Invoice'noting the quantity and location of inspections.
DEP Contract No.GC919,Attachment C,Page 1 of 5
Page 4711 of 9661
Retainage reimbursement criteria for the amount retained per Paragraph 21 of
the Contract:
Half(50%)of the amount retained will be returned to Contractor having an average
return to compliance in less than 45 days for facilities receiving routine inspections.
Half(50%) of the amount retained will be returned to.Contractor having an average
return to compliance rate of 95%or higher for facilities receiving routine inspections.
Forty percent(40%)of the amount retained will be returned to Contractor having an
average return to compliance rate between 45 and 60 days for facilities receivingroutine
inspections.
Forty percent(40%)of the amount retained will be returned to Contractor having an
average return to compliance rate of between 90%and up to 95%for facilities receiving
routine inspections.
Thirty percent(30%)of the amount retained will be returned to Contractor having an
average return to compliance rate between 61 days and 75 days for facilities receiving
routine inspections.
Thirty percent(30%)of the amount retained will be returned to Contractor having an
average return to compliance rate of between 85%and up to 90%for facilities receiving
routine inspections.
Twenty percent(20%) of the amount retained will be returned to Contractor having an
average return to compliance rate between 76 days and 90 days for facilities receiving
routine inspections.
Twenty percent(20%)of the amount retained will be returned to Contractor having an
average return to compliance rate of between 80%and up to 85%for facilities receiving
routine inspections.
NO retainage will be returned to Contractor having either: more than ninety(90)days a
average time to return to compliance for facilities receiving routine inspections; or having
an average of less than 80%of facilities receiving routine inspections returned to
compliance.
Invoice Procedure
Review of Inspections:The Payment Calculation Sheet shall be submitted by the Contractor to the
appropriate DEP District Office.The District will review in Florida Inspection Reporting of Storage ranks
FIRST)each variable inspection listed on the Payment Calculation Sheet to ensure that the inspection is
correctly invoiced. The District will ensure that each routine compliance inspection on the Payment
Calculation Sheet is also listed on the task assignment facilities list.Upon completion of the review,the
District shall report via email to the Permitting and Compliance Assistance Program's Contract Manager
and the Contractor that the review of the inspections has been completed and of any known contractual
obligations that have not been met.
Invoice Submission: All invoices with verified and approved Payment Calculation Sheet by the
appropriate DEP District Office will be directly submitted by the Contractor to the Permitting and
Compliance Assistance Program's Contract Manager by the 15t of each month. Submission of invoice
shall be via email to: STR Invoices(aldep.state.fl.us.The email shall consist of a single PDF package.
The order of documents in the complete PDF package shall be as follows:
1) Contractual Services Invoice
2) Verified Payment Calculation Sheet(please make sure the month of services rendered appears
below the"Invoice Period")
3) FIRST Report(Compliance and Activity by Date Range)
4) Tracking Form(Monthly percentage of Routine Inspections Completed)
DEP Contract No.GC919,Attachment C,Page 2 of 5
Page 4712 of 9661
The Contractor acknowledges receipt of the following guidance documents:
Guidance Document A Storage Tank System Program Violation List
Guidance Document B Florida Inspection Reporting for Storage Tanks (FIRST) User
Requirements. Please visit DEP OCULUS website to download
this document; click the"PUBLIC OCULUS LOGIN":
https://depedms.dep.state.fl.us/Oculus/servlet/shell?command=qet
Entity&fguid=11.3384454.11&fprofile=DWM
Guidance Document Cl Instructions for Conducting Sampling During Aboveground Storage
Tank Closure
Guidance Document C2 Instructions for Conducting Sampling During Underground Storage
Tank Closure
Guidance Document D1 Compliance Verification Program Local Program Review Form
Guidance Document D2 Contractual Review Form
Guidance Document E Contractual Services Invoice
Guidance Document F Level of Effort Guidance
Guidance Document G Guidelines for Case Referrals
Guidance Document H Contractual Service Payment Calculation
Guidance Document I DEP Directive 923 Settlement Guidelines for Civil and
Administrative Penalties
DEP Contract No.GC919,Attachment C,Page 3 of 5
Page 4713 of 9661
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TASK ASSIGNMENT FORM
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Required Signatures: Adobe Signature
FDEP Contract No:Task Assignment No: Date: DEP Task Manager:
Project:
Contractor Name:
Contractor Representative: Phone: Email:
FDEP Contract Manager: Phone: Email:
Task Description:
Deliverables:
Performance Measures:
Financial Consequences:
DEP Contract No. GC919, Attachment C, Page 4 of 5
Page 4714 of 9661
S' °°'°'`+f
Florida Department of Environmental Protection
4
TASK ASSIGNMENT FORM
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Schedule:
Start Date: Completion Date:
Fixed Price Cost: Cost Reimbursement not to exceed:
Total Task Value:
Signatures and Date:
1.
Task Manager, FDEP Signature Date
2.
Contract Manager, FDEP Signature Date
3.
Budget Representative, FDEP Signature Date
4.
Contractor, Contract Manager Signature Date
5.
Contract Authority, FDEP Signature Date
Encumbrance Information:
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DEP Contract No. GC919, Attachment C, Page 5 of 5
Page 4715 of 9661
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4.
TASK ASSIGNMENT CHANGE ORDER FORM
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4.
Required Signatures: Adobe Signature
Task Assignment Number: Date: Change Order No.
Contractor Name:
Contractor Representative:
DEP Contract Manager:
Description of Change(Use additional sheets if necessary):
Change in Task Amount
Item Cost Reimbursement, Fee Schedule Total
Original Task Amount:
Task amount prior to this change order:
Net increase/decrease
in task amount:
Task amount with all change orders:
Change in Task Time
Original task completion date:
Completion date prior to this change:
Net increase/decrease in task period:
Completion date with all change orders:
of)DEP Contract No. GC919,Attachment D, Page 1 of 2
Page 4716 of 9661
O•Part
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TASK ASSIGNMENT CHANGE ORDER FORM
antal'pts
Change in Funding Information
Org. Code E 0 Object Code Budget Special Grant# "Year Amount
Entity; Category ,
CONTRACTOR FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
Contract Manager Date Contract Manager Date
APPROVED:
Budget Representative Date
Contractual Authority Date
cc: Procurement Section (MS93)
Bureau of Finance& Accounting (MS78) - 2 copies
DEP Contract No. GC919, Attachment D, Page 2 of 2
Page 4717 of 9661
ATTACHMENT E
CONTRACTOR AFFIDAVIT/ RELEASE OF CLAIMS FORM
This affidavit must be completed and signed by the Contractor when requesting final payment for a Florida
Department of Environmental Protection (Department) authorized Task Assignment. The signature of the
Contractor shall be notarized as set forth below. Final payment for a Task Assignment will not be released
until this form is accepted by the Department.
The undersigned certifies as follows:
1. I, am the of
name of person appearing) title of person appearing)
with the authority to
name of Contractor)
make this statement on behalf;
2. the Contractor") entered into an
name of company or person)
Agreement with the Department to perform certain work under Task Assignment No.
3. Contractor has completed the work in accordance with the aforementioned Work
Assignment, including all attachments.Thereto.
4. All subcontractors have been paid in full.
5. Upon receipt by Contractor from Department of final payment under the aforementioned Work
Assignment, Contractor releases Department from any and all claims of Contractor and any of its
subcontractors and vendors that may arise under, or by virtue of, the Task Assignment, except those
claims that may be specifically exempt and set forth under the terms of this Contract. Exemptions
claimed must be attached to this affidavit and reference the Task Assignment number. Any exemptions
not attached are waived.
signature of authorized Contractor representative)
Notarization of Signature of Contractor(required)
State of County of
Sworn to and subscribed before me by this day of 20
Personally known
Produced Identification. Type of ID:
My Commission Expires:
Notary's Signature)
Notary Public, State of Commission Number(if applicable)
Approved Template 06/10/16)
0
DEP Contract No. GC919, Attachment E, Page 1 of 1 Page 4718 of 9661
ATTACHMENT F, PUBLIC RECORDS REQUIREMENTS
A. Public Records Access Requirements.
a. If the Contract exceeds$35,000.00,and if the Contractor is acting on behalf of the Department in its
performance of services under the Contract,the Contractor must allow public access to all documents,
papers, letters, or other material, regardless of the physical form, characteristics, or means of
transmission, made or received by the Contractor in conjunction with the Contract(Public Records),
unless the Public Records are exempt from section 24(a)of Article I of the Florida Constitution or
section 119.07(1), F.S.
b. The Department may unilaterally terminate the Contract if the Contractor refuses to allow public
access to Public Records as required by law.
B. Additional Public Records Duties of Section 119.0701, F.S., If Applicable.
If the Contractor is a "contractor" as defined in section 119.0701(1)(a), F.S.,the Contractor shall:
1) Keep and maintain Public Records required by the Department to perform the service.
2) Upon request, provide the Department with a copy of requested Public Records or allow the Public
Records to be inspected or copied within a reasonable time at a cost that does not exceed the cost
provided in Chapter 119, F.S., or as otherwise provided by law.
3) A Contractor who fails to provide the Public Records to the Department within a reasonable time
may be subject to penalties under section 119.10, F.S.
4) Ensure that Public Records that are exempt or confidential and exempt from Public Records
disclosure requirements are not disclosed except as authorized by law for the duration of the
Contract term and following completion of the Contract if the Contractor does not transfer the
Public Records to the Department.
5) Upon completion of the Contract, transfer, at no cost,to the Department all Public Records in
possession of the Contractor or keep and maintain Public Records required by the Department to
perform the service. If the Contractor transfers all Public Records to the Department upon
completion of the Contract, the Contractor shall destroy any duplicate Public Records that are
exempt or confidential and exempt from Public Records disclosure requirements. If the Contractor
keeps and maintains Public Records upon completion of the Contract,the Contractor shall meet all
applicable requirements for retaining Public Records.All Public Records stored electronically must
be provided to the Department, upon request from the Department's custodian of Public Records,
in a format specified by the Department as compatible with the information technology systems of
the Department.These formatting requirements are satisfied by using the data formats as
authorized in the Contract or Microsoft Word, Outlook,Adobe, or Excel, and any software formats
the Contractor is authorized to access.
6) IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT'S
CUSTODIAN OF PUBLIC RECORDS AT:
Telephone: 850) 245-2118
Email: public.services@dep.state.fl.us
Mailing Address: Department of Environmental Protection
ATTN: Office of Ombudsman and Public Services
Public Records Request
3900 Commonwealth Boulevard, MS 49
Tallahassee, Florida 32399
DEP Contract No. GC919, Attachment F, Page 1 of 1
Page 4719 of 9661
DEP Contract No. GC919, Page 1 of 15
(Approved Template 02/02/2017)
DEP Contract No. GC919
CONTRACT
THIS CONTRACT is entered into between the FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION (Department), whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida
32399-3000 and COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, whose address is
Collier County Solid & Hazardous Waste Management Department, 3339 Tamiami Trail East, Suite 302,
Naples, Florida, 34112, (Contractor), to perform compliance inspections within the jurisdictional
(geographical) boundaries of the specified counties, including facilities registered to the Contractor as
required by an executed Task Assignment(s).
NOW, THEREFORE, the parties agree as follows:
SERVICES AND PERFORMANCE
1. SERVICES. Department does hereby retain, and Contractor agrees to perform compliance
inspections within the jurisdictional (geographical) boundaries of the specified counties, including facilities
registered to the Contractor as required by an executed Task Assignment(s) and Contractor’s response
thereto, incorporated herein by reference, and in accordance with Attachment A, Scope of Work - Level
1 and if applicable Attachment B, Scope of Work – Level 2 (Scope) and all exhibits and Attachments
named and incorporated herein by reference. Contractor has been determined to be a vendor to the
Department under this Contract.
2. WORK.
A. Contractor shall provide the services specified in the Scope (Work). Department shall authorize
all work assignments by Task Assignment Notification Form (TA) or Task Assignment Change Order
Form (TACO) (copies attached hereto and made a part hereof as Attachment C and D respectively), or
by issuing a MyFloridaMarketPlace (MFMP) Purchase Order (PO) or MFMP Change Order (CO).
B. Contractor, or its subcontractors if authorized under this Contract, shall not commence Work
until the Contract, and any necessary Amendments or Change Orders, have been fully executed by both
Department and Contractor. Contractor, or its subcontractors if authorized under this Contract, shall not
commence Work until either 1) a TA/TACO has been fully executed, by both Department and Contractor,
or 2) a PO or PO Change Order(CO) has been issued.
C. In the event services are required that are within the general description of services, but are not
specifically set out in the Scope, Department and Contractor reserve the right to negotiat e the Task
Assignments covering performance of those required services.
D. There is no minimum amount of Work guaranteed as a result of this Contract. Any and all Work
assigned will be at the sole discretion of the Department.
E. Department reserves the right to not authorize any Work, and may suspend or terminate for
cause any Work assigned to Contractor under this or any other contract, if and in the event that the
Department and Contractor (or any of its affiliates or authorized subcontractors) are advers e in any
litigation, administrative proceeding or alternative dispute resolution, until such adverse relationship is
resolved either by agreement or by final non-appealable order of a court.
3. STANDARD OF CARE FOR PERFORMANCE.
A. Contractor shall perform as an independent contractor and not as an agent, representative, or
employee of the Department.
B. Contractor shall perform the services in a proper and satisfactory manner as determined by the
Department. Any and all such equipment, products or materials necessary to perform these services, or
requirements as further stated herein, shall be supplied by the Contractor.
Page 4720 of 9661
DEP Contract No. GC919, Page 2 of 15
(Approved Template 02/02/2017)
C. Contractor shall provide competent, suitably qualified personnel. Contractor must notify the
Department’s Contract Manager of any changes in the personnel identified in this Contract. Notification
shall include a detailed explanation of the need to change personnel and the Contractor’s documentation
that proposed replacement personnel have equal or greater qualifications and experience.
D. Contractor shall perform the services in a manner consistent with that level of care and skill
ordinarily exercised by other contractors performing the same or similar services under similar
circumstances at the time performed.
4. TERM OF CONTRACT.
A. Initial Term. This Contract shall begin July 1, 2017, and shall remain in effect for a period of ten
(10) years, inclusive.
B. Renewal Term. An “X” beside the correct provision in this section signifies that the provision is
applicable to the Contract.
☒ This Contract may be renewed, in writing, on the same terms and conditions as the original
Contract and any amendments thereto, for a period no greater than the term above, or
three (3) years, whichever is longer. All renewals are contingent upon satisfactory
performance by Contractor. Renewals may be for the entire period or in increments.
☐ This Contract may not be renewed.
COMPENSATION
5. COMPENSATION.
A. As consideration for the services rendered by Contractor under the terms of this Contract, the
Department shall pay the Contractor on a combination fee-schedule/cost-reimbursement basis not to
exceed $1,066,261.00. For the monthly operation and maintenance services as well as repair and
emergency service calls, the Contractor shall be compensated on a fee-schedule basis at the rates
specified in the Scope Guidance Document H, Contractual Service Payment Calculation, attached
hereto and made apart hereof. It is understood that fee schedule amounts include all costs necessary to
perform the work outlined herein including, but not limited to, labor, fringe benefits, overhead, supplies,
and travel, but do not include reimbursement for equipment purchases. Equipment purchases costing
$1,000.00 or more shall be reimbursed on a cost-reimbursement basis and must be pre-approved by the
Department.
B. CONTRACTOR SHALL NOT COMMENCE WORK ON ANY SERVICES THAT WILL EXCEED
THE COMPENSATION AMOUNT OF THE CONTRACT UNLESS AND UNTIL THE CONTRACT IS
AMENDED. It is the Contractor’s responsibility to know when the authorized compensation amount of the
Contract will be reached.
6. ANNUAL APPROPRIATION. Department's performance and obligation to pay under this Contract
is contingent upon an annual appropriation by the Florida Legislature. Authorization for continuation and
completion of Work and payment associated therewith may be rescinded with proper notice at the
discretion of the Department if state or federal appropriations are reduced or eliminated.
7. PAYMENT METHOD.
A. Contractor shall submit invoices as specified in Attachment A and B, under Payments section.
B. All invoices submitted must have sufficient detail for a proper pre-audit and post-audit review.
C. Department must approve the final deliverable(s) before the Contractor may submit a final
invoice and any forms.
D. Each invoice, including appropriate supporting documentation as required herein, shall be
submitted via email to the following:
Page 4721 of 9661
DEP Contract No. GC919, Page 3 of 15
(Approved Template 02/02/2017)
Florida Department of Environmental Protection
PCAP Program
Attn: Department Contract Manager
Email address: STR_Invoices@dep.state.fl.us
Copy: Department District Task Manager and DEP Contract Manager
8. TRAVEL. An “X” beside the correct provision in this section signifies that the provision is applicable
to the Contract.
☐ Travel is not authorized under this Contract.
☒ Travel costs are included in the fee schedule amounts of this Contract.
☐ Travel costs shall be paid on a cost-reimbursement basis in accordance with the paragraph
contained herein of this Contract.
9. EQUIPMENT. Upon satisfactory completion of this Contract, the Contractor may retain ownership
of the non-expendable personal property or equipment purchased under this Contract prior to the
execution of an Amendment of said Contract. The following terms shall apply:
A. The Contractor is responsible for any loss, damage, or theft of, and any loss, damage or injury
caused by the use of, non-expendable personal property or equipment purchased with state
funds and held in his possession for use in a contractual arrangement with the Department.
B. In the event that the Department determines a need to loan equipment needed for the
completion of services under this Contract to the Contractor, a Department Property Loan
Agreement shall be completed and maintained in the Contract file.
C. The Contractor shall have title to and use of any vehicle previously purchased under a former
Contract, by its authorized employees only, for the authorized purposes of this Contract as long
as the required work is being satisfactorily performed. In the event that this Contract is
terminated for any reason, or the use of the vehicle is no longer needed (such as completion of
the Contract), title of the vehicle shall be transferred to the Department.
D. The Contractor is responsible for the implementation of adequate maintenance procedures to
keep the non-expendable personal property or equipment in good operating condition.
E. If the Contractor fails to perform its obligations under this Contract, the Contractor shall deliver
possession and custody of all such equipment to the nearest District Of fice location, unless
otherwise agreed, within thirty (30) calendar days of Contract termination.
10. PROMPT PAYMENT.
A. Department's Contract Manager shall have five (5) business days, unless a greater period is
specified herein, to inspect and approve an invoice. Department shall submit a request for payment to
DFS within twenty (20) business days; and DFS shall issue a warrant within ten (10) business days
thereafter. Days are calculated from the latter of the date the invoice is received or services re ceived,
inspected, and approved. Invoice payment requirements do not start until a proper and correct invoice
has been received. Invoices which have to be returned to the Contractor for correction(s) will result in an
uncompensated delay in payment. A Vendor Ombudsman has been established within DFS who may be
contacted if a Contractor is experiencing problems in obtaining timely payment(s) from a State agency.
The Vendor Ombudsman may be contacted at (850) 413-5516, per Section 215.422, F.S.
B. If a warrant in payment of an invoice is not issued within forty (40) business days after receipt of
a correct invoice and receipt, inspection, and approval of the goods and services, the Department shall
pay the Contractor interest at a rate as established by Section 55.03(1), F.S., on the unpaid balance of
the invoice. Interest payments of less than $1 will not be issued unless Contractor requests such
payment. The interest rate for each calendar year for which the term of this Contract is in effect can be
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obtained from DFS’ Vendor Ombudsman at the telephone numbers provided above, or the Department's
Procurements Section at (850) 245-2361, per Section 215.422, F.S.
11. RELEASE OF CLAIMS. Upon payment for satisfactory completion of any portion of the Work, the
Contractor shall execute and deliver to the Department a release of all claims against the Department
arising under, or by virtue of, the Work, except claims which are specifically ex empted by the Contractor
to be set forth therein (Contractor Release, using Attachment E, Contractor Affidavit/Release of
Claims). Receipt by the Department of the Contractor’s Release is a condition of final payment under this
Contract. Unless otherwise provided in this Contract, by State law or otherwise expressly agreed to by
the parties to this Contract, final payment or settlement upon termination of this Contract shall not
constitute a release or waiver of the Department’s claims against the Contractor, or the Contractor’s
sureties, subcontractors, successors or assigns under this Contract or as against applicable performance
and payment bonds.
12. PHYSICAL ACCESS AND INSPECTION. As applicable, the Department personnel shall be given
access to and may observe and inspect Work being performed under this Contract, including by any of
the following methods:
A. Contractor shall provide access to any location or facility on which the Contractor is performing
Work, or storing or staging equipment, materials or documents;
B. Contractor shall permit inspection of any facility, equipment, practices, or operations required in
performance of any Work; and,
C. Contractor shall allow and facilitate sampling and monitoring of any substances, soils, materials
or parameters at any location reasonable or necessary to assure compliance with any Work or legal
requirements.
PARTY REPRESENTATIVES
13. NOTICE. All notices and written communication between the parties shall be sent by electronic
mail, U.S. Mail, a courier delivery service, or delivered in person. Notices shall be considered delivered
when reflected by an electronic mail read receipt, a courier service delivery receipt, other mail service
delivery receipt, or when receipt is acknowledged by recipient.
14. IDENTIFICATION OF CONTRACT MANAGERS. All matters shall be directed to the Contract
Managers for appropriate action or disposition. Any changes to the Contract Manager information
identified below must be noticed, in writing, to the other party within ten (10) calendar days of the change.
Either party may provide notice to the other party by email identifying a change of a designated Contract
Manager and providing the new contact information for the newly designated Contract Manager. Such
notice is sufficient to effectuate this change without requiring a written amendment to the Contract.
Department and the Contractor Contract Managers and contact information are provided below:
Contractor Department
Collier County Board of County Commissioners
Collier County Solid & Hazardous Waste Dept.
Department of Environmental Protection
Division of Waste Management
3339 Tamiami Trail East, Suite 302
Naples, Florida, 34112
Attn: Phil Snyderburn
Phone Number: (239) 207-0920
Email: philsnyderburn@colliergov.net
2600 Blair Stone Road, MS 4500
Tallahassee, Florida 32399-2400
Attn: Roger Ruiz
Phone Number: (850) 245-8854
Email: roger.ruiz@dep.state.fl.us
15. CHANGE ORDERS AND AMENDMENTS. Department may at any time, by written order designated
to be a Change Order, make any change in the Work within the general scope of this Contract (e.g.,
specifications, method or manner of performance, requirements, etc.). All Change Orders are subject to the
mutual agreement of both parties as evidenced in writing. Any change which causes an increase or
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decrease in Contractor’s cost or time shall require an appropriate adjustment and modification by
Amendment to this Contract. Following execution of this Contract, any future Amendments or Change
Orders may be executed by the Department representative with appropriate delegated authority.
CONSEQUENCES FOR FAILURE TO PERFORM
16. DISPUTE RESOLUTION. Any dispute concerning performance of the Contract shall be decided as
follows:
A. All claims or disputes (Claims) must be presented to the Department in writing within thirty (30)
days of the date such Claim arises (Notice of Dispute). The Notice of Dispute shall set out in detail all
aspects of the disputed matters to be resolved, including the specific relief sought by the Contractor.
Claims not presented by Notice of Dispute to Contract Manager shall be deemed waived by the
Contractor.
B. The parties shall make a good faith attempt to resolve Claims which may arise from time to time
by informal conference within ten (10) days of the Notice of Dispute.
C. Within ten (10) days of the informal conference, the Department shall provide Contractor a
detailed written response to the Claim. A formal conference of the parties shall be convened no later than
thirty (30) days following the Department’s response to the Notice of Dispute, unless the parties mutually
agree in writing to a longer period of time within which to schedule a formal conference.
1) All persons necessary to resolution of the claim or disputed matter shall attend the formal
conference.
2) Minutes of the formal conference shall be taken, recorded, transcribed, and signed by the
Department and the Contractor. Any terms of settlement and/or resolution reached shall b e
signed by all persons authorized to resolve the Claim.
D. Either party may request mediation of unresolved Claims, with the party seeking mediation to
bear the expense of mediation.
E. Any Claim not resolved at formal conference or mediation, may be the subject of a complaint
filed in a court of competent jurisdiction in Leon County, Florida.
17. FINANCIAL CONSEQUENCES FOR UNSATISFACTORY PERFORMANCE.
A. No payment will be made for deliverables deemed unsatisfactory by the Department. In the
event that a deliverable is deemed unsatisfactory by the Department, the Contractor shall re-perform the
services needed for submittal of a satisfactory deliverable, at no additional cost to Department, within
thirty (30) days of being notified of the unsatisfactory deliverable.
B. If a satisfactory deliverable is not submitted within the specified time frame, the Department
may, in its sole discretion: 1) assess liquidated damages if specified in the Contract or its attachments; 2)
request from the Contractor agreement to a reduction in the amount payable; 3) suspend all Work until
satisfactory performance is achieved, or 4) terminate the Contract for failure to perform.
18. CORRECTIVE ACTION PLAN. In the event that deliverables are unsatisfactory or are not
submitted within the specified timeframe, the Department Contract Manager may, by letter specifying the
failure of performance under the Contract, request that a proposed Corrective Action Plan (CAP) be
submitted by the Contractor to the Department. All CAPs must be able to be implemented and performed
in no more than sixty (60) days.
A. A CAP shall be submitted within ten (10) calendar days of the date of the letter request from the
Department. The CAP shall be sent to the Department Contract Manager for review and approval.
Within ten (10) calendar days of receipt of a CAP, the Department shall notify the Contractor in writing
whether the CAP proposed has been accepted. If the CAP is not accepted, the Contractor shall have ten
(10) calendar days from receipt of the Department letter rejecting the proposal to submit a revised
proposed CAP. Failure to obtain the Department approval of a CAP as specified above shall result in the
Department’s termination of the Contract for cause as authorized in the Contract.
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B. Upon the Department’s notice of acceptance of a proposed CAP, the Contractor shall have ten
(10) calendar days, or longer if specified in the approved CAP, to commence implementation of the
accepted plan. Acceptance of the proposed CAP by the Department does not relieve the Contractor of
any of its obligations under the Contract. In the event the CAP fails to correct or eliminate performance
deficiencies by the Contractor, the Department shall retain the right to require additional or further
remedial steps, or to terminate the Contract for failure to perform. No actions approved by the
Department or steps taken by the Contractor shall estop the Department from subsequently asserting any
deficiencies in performance. Contractor shall continue to implement the CAP until all deficiencies are
corrected. Reports on the progress of the CAP will be made to the Department as requested by the
Department Contract Manager.
C. Failure to respond to a Department request for a CAP shall result in suspension or termination
of the Contract.
19. PAYMENT AND PERFORMANCE BONDS. An “X” beside the correct provision in this section
signifies that the provision is applicable to the Contract.
☒ No Payment or Performance bonds are required.
☐ Contractor shall provide executed Payment and Performance Bonds naming the Department as
obligee, issued by a surety acceptable to the Department, in the amount(s) of $____________.
☐ Contractor may be required to provide executed Payment and/or Performance Bonds naming
the Department as obligee, issued by a surety acceptable to the Department, in an amount of
up to one hundred and twenty percent (120%) of the total anticipated cost of any Work.
20. LIQUIDATED DAMAGES. An “X” beside the correct provision in this section signifies that the
provision is applicable to the Contract.
☒ No liquidated damages will be assessed.
☐ In addition to other remedies elsewhere in this Contract, and as provided by law, unless otherwise
stipulated in the Scope, the Contractor hereby covenants and agrees to pay liquidated damages
to the Department as follows:
A. Contractor acknowledges that time is of the essence for all services provided under this
Contract, and whereas the actual damages to be suffered by late performance are incapable
of accurate calculation, the parties agree to the following as a reasonable estimation thereof
as liquidated damages. In addition to any other provisions of this Contract, in the event that
the deliverable identified in the Scope, is not completed and submitted by the close of
business on the date the deliverable is due, the compensation amount stated for that portion
of the Work may be reduced by five percent (5%) per week for each week the deliverable is
late, with the total amount of the liquidated damages not to exceed the total compensation
amount of the Scope deliverable.
B. The date of submission shall be the date of receipt by the Department.
C. If no Department receipt date appears or the date is illegible, the date of submission shall
be deemed to be five (5) days prior to receipt by the Contract Manager.
D. If completion is or will be justifiably delayed due to reasons as set out in paragraph contained
herein, the Department may grant an extension of time as evidenced by a properly executed
Amendment.
E. If the deliverable(s) fail to comply with the requirements of this Contract , or if questions
arise from review and the Contractor is so notified and requested to respond, the
Contractor shall furnish the required additions, deletions, or revisions in accordance with
the Scope at no additional cost to the Department.
F. If the additions, deletions, and revisions are not submitted to the Department's Contract
Manager in accordance with the Scope, the compensation stated for that portion of the
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Work may be reduced by five percent (5%) for each week that the requested deliverable is
late, as specified. The total reduction shall not exceed the total amount of the Work.
G. Contractor’s failure to respond to a request to correct the deliverables will result in
termination of the Work and forfeiture of any unpaid balance for such deliverables.
Additionally, the Department, at its discretion, may re-assign future Work.
21. RETAINAGE
A. Department reserves the right to establish the amount and application of retainage on the
Compliance Routine Inspection (CRI) Work to a maximum of ten percent (10%). Any retainage to be
applied shall be specified in the Task Assignment. Retainage shall be withheld from each payment to the
Contractor pending satisfactory completion of CRI performance criteria listed in Task Assignment and
approval of all deliverables.
B. Department reserves the right to withhold payment of retainage for the Contractor’s failure to
meet performance criteria listed in the Task Assignment. Department shall provide written notification to
the Contractor of the Department’s intent to withhold retainage on the Routine Compliance Inspection
Work in the Task Assignment. Contractor’s failure to rectify the identified deficiency within the timeframe
stated in the Department’s notice will result in forfeiture of retainage by the Contractor.
C. If the Contractor fails to perform the requested Scope, or fails to perform the Compliance
Routine Inspection Work in a satisfactory manner, Contractor shall forfeit its right to payment for the
Compliance Routine Inspection Work and the retainage called for under the Task Assignment. Failure to
perform includes, but is not limited to, failure to submit the required deliverables or failure to provide
adequate documentation that the work was actually performed.
D. No retainage shall be released or paid for uncompleted Compliance Routine Inspection Work
while a Contract is suspended.
E. Except as otherwise provided above, the Contractor shall be paid the retainage associated with
the Work, provided the Contractor has completed the work and submits an invoice for retainage held in
accordance with paragraph contained herein above.
LIABILITY
22. INSURANCE. To the extent required by law, the Contractor will be self-insured against, or will
secure and maintain during the life of this Contract and any renewals, Workers' Compensation Insurance
for all of its employees connected with the work of this project. The Contractor shall require any and all
subcontractors, if authorized under this Contract, to provide Workers' Compensation Insurance for all
employees unless such employees are covered by the protection afforded by Contractor. Such
self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation
law. In case any class of employees engaged in hazardous work under this Contract is not protected
under the Workers' Compensation statute, the Contractor shall provide, and cause each subcontractor to
provide, adequate insurance satisfactory to the Department, for the protection of its employees not
otherwise protected.
23. INDEMNIFICATION. The Contractor and the Department shall each be solely responsible for the
negligent or wrongful acts of its respective employees and agents acting within the scope of their
employment. Further, each party shall bear its own costs of every name and description, including
attorneys’ fees, arising from or relating to personal injury and damage to real or personal tangible
property alleged to be caused in whole or in part by its employees and agents acting within the scope of
their employment. However, nothing contained herein shall constitute a waiver by the Contractor or the
Department of its sovereign immunity or waiver or modification of Section 768.28, F.S.
THIRD PARTIES
24. SUBCONTRACTING. An “X” beside the correct provision in this section signifies that the provision
is applicable to the Contract.
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☐ Contractor shall not subcontract any work under this Contract.
☒ A. Contractor shall not subcontract any work under this Contract without t he prior written
consent of the Department's Contract Manager. Department reserves the right to reject
any proposed subcontractor based upon the Department’s prior experience with
subcontractor, subcontractor’s reputation, or the Department’s lack of adequate assurance
of performance by subcontractor. Contractor agrees to be responsible for the fulfillment of
all work elements included in any subcontract and agrees to be responsible for the
payment of all monies due under any subcontract.
B. Department shall not be liable to any subcontractor for any expenses or liabilities incurred
under any subcontract, regardless of whether the Department has approved such
subcontract or subcontractor. Contractor shall be solely liable to its subcontractor (s) for all
expenses and liabilities incurred under any subcontract. Any subcontracts made under or
in performance of this Contract must include the same conditions specified in this Contract,
with the exception of insurance requirements (paragraph contained herein), and shall
include a release of any rights, claims or liabilities against the Department. The level of
insurance to be carried by subcontractors performing work under this Contract shall be at
the discretion of Contractor.
25. NONASSIGNABILITY. Contractor shall not sell, assign or transfer any of its rights, duties or
obligations under this Contract (its Rights and Duties), without the prior written consent of the
Department. Contractor shall remain liable for performance of its Rights and Duties, regardless of any
assignment to or assumption by any third party, notwithstanding any approval thereof by the Department.
However, the Department may expressly release the Contractor from any and all Rights and Duties
through a novation accompanying an approved assignment. Department may assign the Department’s
Rights and Duties, but shall give prior written notice of its intent to do so to the Contractor. The foregoing
notwithstanding, the Contractor hereby assigns to the State any and all claims it has with respect to the
Contract under the antitrust laws of the United States and the State.
26. THIRD PARTY BENEFICIARIES. This Contract is neither intended nor shall it be construed to
grant any rights, privileges or interest in any third party without the mutual written agreement of the
parties hereto.
SUSPENSION AND TERMINATION
27. SUSPENSION.
A. Department may order the Contractor in writing to suspend, delay or interrupt all or any part of
the Work for failure to perform, or as otherwise specified herein, such period of time as the Department
may determine to be appropriate for any of the following reasons:
1.) Contractor fails to timely and properly correct deficiencies in or performs unsatisfactory
work;
2.) Contractor’s or subcontractor’s insurer or surety notifies the Department that any of its
required insurance or bonds has lapsed or will lapse, and the Contractor fails to provide
replacement insurance or bonds acceptable to the Department before the insurance or bond
cancellation or termination date;
3.) Contractor or subcontractor materially violates safety laws or other constraints;
4.) Department determines that there is a threat to the public health, safety or welfare that
necessitates such suspension; or
5.) For the convenience of the Department.
B. If the performance of all or any part of the Work is suspended, delayed or interrupted for an
unreasonable period of time by an act of the Department in administration of the Work, or by the
Department’s failure to act within a reasonable time to review or approve an invoice, the Department shall
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provide an equitable extension of the time allowed to complete the Work and modify the Scope
accordingly. However, no adjustment shall be made under this clause for any suspension, delay or
interruption if and to the extent that:
1.) Performance would have been suspended, delayed or interrupted by any other cause,
including the fault or negligence of the Contractor; or
2.) Equitable adjustment is provided for (or excluded) under any other provision of this
Contract.
C. Contractor shall not be compensated for Work performed subsequent to a notice of suspension
by Department.
28. TERMINATION.
A. Department may terminate this Contract at any time for cause, in the event of the failure of the
Contractor to fulfill any of its obligations. Prior to termination, the Department shall provide ten (10)
calendar days written notice of its intent to terminate for cause, including the reasons for such, and shall
provide the Contractor an opportunity to consult with the Department regarding the reason(s) for
termination. Contractor may be afforded the possibility of curing any default at the sole discretion of the
Department.
B. The Department may terminate this Contract without cause and for its convenience by giving
thirty (30) calendar days written notice to the Contractor. Termination for convenience shall not entitle
either party to any indirect, special or resulting damages, lost profits, costs or penalties, and the
Contractor shall be entitled only to recover those amounts earned by it for authorized deliverables
completed up to the date of termination (or as may be agreed to in writing by the Department for
completion of all or any portion of the Work in process).
GENERAL CONDITIONS
29. ATTORNEY’S FEES. In the event of any legal action to enforce the terms of this Contract, each
party shall bear its own attorney’s fees and costs.
30. CONFLICT OF INTEREST. Contractor covenants and warrants that it presently has no interest,
and shall not acquire any interest, which would conflict in any manner or degree with its performance of
this Contract or the Services required hereunder.
31. COMPLIANCE WITH APPLICABLE LAW. Contractor shall comply with all applicable federal,
state and local rules and regulations in providing services to the Department under this Contract
including, but not limited to, local health and safety rules and regulations. This provision shall be i ncluded
in all subcontracts issued as a result of this Contract.
32. DISQUALIFICATION.
A. The employment of unauthorized aliens by the Contractor/vendor is considered a violation of
Section 274A(e) of the Immigration and Nationality Act. If the Contractor knowingly employs
unauthorized aliens, such violation shall be cause for unilateral cancellation of this Contract. Contractor
shall be responsible for including this provision in all subcontracts with private organizations issued as a
result of this Contract.
B. Contractor is required to use the U.S. Department of Homeland Security’s E-Verify system to
verify the employment eligibility of all employees used by the Contractor under this Contract, pursuant to
State of Florida Executive Order No.: 11-116. Also, the Contractor shall include in related subcontracts, if
authorized under this Contract, a requirement that subcontractors performing work or providing services
pursuant to this Contract utilize the E-Verify system to verify employment eligibility of all employees used
by the subcontractor for the performance of the Work.
C. If Contract value exceeds one (1) million dollars, Contractor certifies that it and any of its
affiliates are not scrutinized companies as identified in Section 287.135, F.S. In addition, Contractor
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agrees to observe the requirements of Section 287.135, F.S., for applicable sub -agreements entered into
for the performance of work under this Contract. Pursuant to Section 287.135, F.S., the Department may
immediately terminate this Contract for cause if the Contractor, its affiliates, or its subcontractors are
found to have submitted a false certification; or if the Contractor, its affiliates, or its subcontractors are
placed on any applicable scrutinized companies list or engage d in prohibited contracting activity during
the term of the Contract. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize
these contracting prohibitions then they shall become inoperative.
33. EXECUTION IN COUNTERPARTS. This Contract, and any Change Orders or Amendments
thereto, may be executed in two or more counterparts, each of which together shall be deemed an
original, but all of which together shall constitute one and the same instrument. In the event that any
signature is delivered by facsimile transmission or by e-mail delivery of a.pdf format data file, such
signature shall create a valid and binding obligation of the party executing (or on whose behalf such
signature is executed) with the same force and effect as if such facsimile or.pdf signature page were an
original thereof.
34. FORCE MAJEURE. Contractor shall not be responsible for delay resulting from its failure to perform
if neither the fault nor the negligence of the Contractor or its employees, subcontractors or agents
contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes,
fires, floods, hurricanes, or other similar cause wholly beyond the Contractor’s control, or for any of the
foregoing that affect subcontractors or suppliers if no alternate source of supply is available to the
Contractor. In case of any delay the Contractor believes is excusable, the Contractor shall notify the
Department in writing of the delay or potential delay and describe the cause of the delay either 1) within five
(5) days after the cause that creates or will create the delay first arose, if the Contractor could reasonably
foresee that a delay could occur as a result, or 2) if delay is not reasonably foreseeable, within ten (10) days
after the date the Contractor first had reason to believe that a delay could result. THE FOREGOING
SHALL CONSTITUTE THE CONTRACTOR’S SOLE REMEDY OR EXCUSE WITH RESPECT TO
DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy.
No claim for damages, other than for an extension of time, shall be asserted by the Contractor against the
Department. Contractor shall not be entitled to an increase in the price or payment of any kind from the
Department for direct, indirect, consequential, impact or other costs, expenses or damages, including but
not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or
hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to
any of the causes described in this paragraph, after the causes have ceased to exist the Contractor shall
perform at no increased cost, unless the Department determines, in its sole discretion, that the delay will
significantly impair the value of the Contract to the State or to the Department, in which case the
Department may 1) accept allocated performance or deliveries from the Contractor, provided that the
Contractor grants preferential treatment to the Department with respect to products subjected to allocation,
or 2) purchase from other sources (without recourse to and by the Contractor for the related costs and
expenses) to replace all or part of the products that are the subject of the delay, which purchases may be
deducted from the Contract quantity, or 3) terminate the Contract in whole or in part.
35. FORUM SELECTION, SEVERABILITY, AND CHOICE OF LAW. This Contract has been
delivered in the State of Florida and shall be construed in accordance with substantive and procedural
laws of Florida. Wherever possible, each provision of this Contract shall be interpreted in such manner
as to be effective and valid under applicable law, but if any provision of this Contract shall be prohibited or
invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or
invalidity, without invalidating the remainder of such provision or the remaining provisions of this Contract.
Any action in connection with this Contract shall be brought in a court of competent jurisdiction located in
Leon County, Florida.
36. GOVERNMENTAL RESTRICTIONS. If the Contractor believes that any governmental restrictions
require alteration of the material, quality, workmanship or performance of the products offered under this
Contract, the Contractor shall immediately notify the Department so in writing, identifying the specific
restriction and alteration. Department reserves the right and the complete discretion to accept any such
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alteration or to cancel the Contract at no further expense to the Department. Contractor’s failure to timely
notify the Department of its asserted belief shall constitute a waiver of such claim.
37. HEADINGS. The headings contained herein are for convenience only, do not constitute a part of
this Contract and shall not be deemed to limit or affect any of the provisions hereof.
38. INTEGRATION. This Contract contains all the terms and conditions agreed upon by the parties,
which terms and conditions shall govern all transactions between the Department and the Contractor.
Any alterations, variations, changes, modifications or waivers of provisions of this Contract shall only be
valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to
the original of this Contract, unless otherwise provided herein. No oral agreements or representations
shall be valid or binding upon the Department or the Contractor. No alteration or modification of the
Contract terms, including substitution of product, shall be valid or binding against the Department.
Contractor may not unilaterally modify the terms of this Contract by affixing additional terms to product
upon delivery (e.g., attachment or inclusion of standard preprinted forms, product literature, “shrink wrap”
terms accompanying or affixed to a product, whether written or electronic) or by incorporating such term s
onto the Contractor’s order or fiscal forms or other documents forwarded by the Contractor for payment.
Department's acceptance of product or processing of documentation on forms furnished by the Contractor
for approval or payment shall not constitute acceptance of the proposed modification to terms and
conditions.
39. INTERPRETATION OF CONTRACT.
A. Where appropriate: the singular includes the plural and vice versa; references to statutes or
regulations include all statutory or regulatory provisions consolidating, amending or replacing the statute
or regulation referred to; unless otherwise indicated references to Rules are to the adopted rules in the
Florida Administrative Code; the words "including," "includes" and "include" shall be deemed to be
followed by the words "without limitation"; unless otherwise indicated references to sections, appendices
or schedules are to this Contract; words such as "herein," "hereof" and "hereunder" shall refer to the
entire document in which they are contained and not to any particular provision or section; words not
otherwise defined which have well-known technical or construction industry meanings, are used in
accordance with such recognized meanings; references to Persons include their respective permitted
successors and assigns and, in the case of Governmental Persons, Persons succeeding to their
respective functions and capacities; and words of any gender used herein shall include each other gender
where appropriate.
B. Contractor acknowledges and agrees that it has independently reviewed this Contract with
legal counsel, and that it has the requisite experience and sophistication to understand, interpret and
agree to the particular language of the terms. Accordingly, if an ambiguity in (or dispute regarding the
interpretation of) this Contract shall arise, the Contract shall not be interpreted or construed against the
Department, and, instead, other rules of interpretation and construction shall be used
40. MODIFICATIONS REQUIRED BY LAW. Department reserves the right to revise this Contract to
include additional language required by Federal agency(ies) or other sources awarding funding to the
Department in support of this Contract, if applicable, and to include changes required by Florida
Administrative Code rule changes.
41. MYFLORIDAMARKETPLACE TRANSACTION FEE. The State of Florida, through DMS, has
instituted MyFloridaMarketPlace, a statewide e-procurement system. Pursuant to Rule 60A-1.032(1),
Florida Administrative Code, payments under this Contract are exempt from the MyFloridaMarketPlace
transaction fee.
42. NONDISCRIMINATION.
A. Contractor certifies that no person, on the grounds of race, creed, color, religion, national origin,
age, gender, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or
be otherwise subjected to discrimination in performance of this Contract.
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B. Contractor certifies that neither it nor any affiliate is or has been placed on the discriminatory
vendor list. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a
bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a
public entity for the construction or repair of a public building or public work, may not submit bids on
leases of real property to a public entity, may not award or perform work as a contractor, su pplier,
subcontractor or consultant under contract with any public entity, and may not transact business with any
public entity. The Florida Department of Management Services (“DMS”) is responsible for maintaining the
discriminatory vendor list and posts the list on its website. Questions regarding the discriminatory vendor
list may be directed to the Florida Department of Management Services, Office of Supplier Diversity at
(850) 487-0915.
C. Contractor shall comply with the Americans with Disabilities Act.
43. NON-SOLICITATION. Contractor covenants and warrants that it has not employed or retained any
company or person, other than a bona fide employee working solely for the Contractor to solicit or secure
this Contract and that it has not paid or agreed to pay any person, company, corporation, individual, or
firm, other than a bona fide employee working solely for the Contractor any fee, commission, percentage,
gift or other consideration contingent upon or resulting from the award or making of this Contract.
44. NON-WAIVER OF RIGHTS. No delay or failure to exercise any right, power or remedy accruing to
either party upon breach or default by the other party under this Contract, shall impair any such right,
power or remedy of either party; nor shall such delay or failure be construed as a waiver of any such
breach or default, or any similar breach or default thereafter.
45. ORDER OF PRECEDENCE. In the event of a conflict in terms between any of the components of
this Contract, the order of precedence for resolving such conflict shall be as follows (1 being the highest
precedence):
1. Body of this Contract;
2. Scope;
3. All other attachments to this Contract; and
4. Documents, agreements and exhibits incorporated herein by reference.
46. OWNERSHIP OF DOCUMENTS. All plans, specifications, maps, computer files, databases and/or
reports prepared or obtained under this Contract, as well as data collected together with summaries and
charts derived therefrom, shall be considered works made for hire and shall be and become the property
of the Department upon completion or termination of this Contract, without restriction or limitation on their
use, and shall be made available upon request to the Department at any time during the performance of
such services and/or upon completion or termination of this Contract. Upon delivery to the Department of
said document(s), the Department shall become the custodian thereof in accordance with Chapter 119,
F.S. Contractor shall not copyright any material and products or patent any invention developed under
this Contract.
47. P.R.I.D.E. When possible, the Contractor agrees that any articles which are the subject of, or
required to carry out, this Contract shall be purchase d from P.R.I.D.E. as specified in Chapter 946, F.S.,
if available, in the same manner and under the same procedures set forth in Section 946.515(2) and (4),
F.S.; and for purposes of this Contract the person, firm or other business entity carrying out the provisions
of this Contract shall be deemed to be substituted for this agency insofar as dealings with P.R.I.D.E. are
concerned.
The "Corporation identified" is PRISON REHABILITATIVE INDUSTRIES AND DIVERSIFIED
ENTERPRISES, INC. (P.R.I.D.E.) which may be contacted at:
P.R.I.D.E.
12425 28th Street, North
St. Petersburg, Florida 33716-1826
Toll Free: 1-800-643-8459
Website: http://www.pride-enterprises.org/
Page 4731 of 9661
DEP Contract No. GC919, Page 13 of 15
(Approved Template 02/02/2017)
48. PUBLIC ENTITY CRIMES. A person or affiliate (as defined) who has been placed on the convicted
vendor list following a conviction for a public entity crime may not perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity, and may not transact business with
any public entity in excess of the threshold amount for Category Two (as defined in Section 287.017,
F.S.), for a period of 36 months from the date of being placed on the convicted vendor list, pursuant to
Section 287.133, F.S. Contractor certifies that neither it nor any affiliate has been placed on such
convicted vendor list, and shall notify the Department within five (5) days of its, or any of its affiliate’s,
placement thereon.
49. PUBLIC RECORDS.
A. Contractor shall comply with Florida Public Records law under Chapter 119, F.S. Records
made or received in conjunction with this Contract are public records under Florida law, as defined in
Section 119.011(12), F.S. Contractor shall keep and maintain public records required by the Department
to perform the services under this Contract.
B. This Contract may be unilaterally canceled by the Department for refusal by the Contractor to
either provide to the Department upon request, or to allow inspection and copying of all p ublic records
made or received by the Contractor in conjunction with this Contract and subject to disclosure under
Chapter 119, F.S., and Section 24(a), Article I, Florida Constitution.
C. If Contractor meets the definition of “Contractor” found in Section 119.0701(1)(a), F.S.; [i.e., an
individual, partnership, corporation, or business entity that enters into a contract for services with a public
agency and is acting on behalf of the public agency], then the following requirements apply:
1. Pursuant to Section 119.0701, F.S., a request to inspect or copy public records relating to
this Contract for services must be made directly to the Department. If the Department does not
possess the requested records, the Department shall immediately notify the Contractor of the
request, and the Contractor must provide the records to the Department or allow the records to be
inspected or copied within a reasonable time. If Contractor fails to provide the public records to the
Department within a reasonable time, the Contractor may be subject to penalties under s. 119.10,
F.S.
2. Upon request from the Department’s custodian of public records, Contractor shall provide
the Department with a copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida
Statutes, or as otherwise provided by law.
3. Contractor shall identify and ensure that all public records that are exempt or confidential
and exempt from public records disclosure requirements are not disclosed except as authorized by
law for the duration of the Contract term and following completion of the Contract if the Contractor
does not transfer the records to the Department.
4. Upon completion of the Contract, Contractor shall transfer, at no cost to Department, all
public records in possession of Contractor or keep and maintain public records required by the
Department to perform the services under this Contract. If the Contractor transfers all public
records to the Department upon completion of the Contract, the Contractor shall destroy any
duplicate public records that are exempt or confidential and exempt from public disclosure
requirements. If the Contractor keeps and maintains public records upon completion of the
Contract, the Contractor shall meet all applicable requirements for retaining public records. All
records that are stored electronically must be provided to Department, upon request from the
Department’s custodian of public records, in a format that is accessible by and compatible with the
information technology systems of Department.
D. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, F.S., TO THE CONTRACTOR’S
DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS
CONTRACT, CONTACT THE DEPARTMENT’S CUSTODIAN OF PUBLIC
Page 4732 of 9661
DEP Contract No. GC919, Page 14 of 15
(Approved Template 02/02/2017)
RECORDS by telephone at (850) 245-2118, by email at
publicservices@dep.state.fl.us, or at the mailing address below.
Department of Environmental Protection
Office of the Ombudsman & Public Services
Attn: Public Records Request
3900 Commonwealth Blvd, MS 49
Tallahassee, Florida 32399
50. RECORD KEEPING AND AUDIT.
A. Contractor shall maintain books, records and documents directly pertinent to performance
under this Contract in accordance with United States generally accepted accounting principles (US
GAAP) consistently applied. Department, the State, or their authorized representatives shall have access
to such records for audit purposes during the term of this Contract and for five (5) years following Contract
completion or termination. In the event any work is subcontracted, the Contractor shall similarly require
each subcontractor to maintain and allow access to such records for audit purposes.
B. The Contractor understands its duty, pursuant to Section 20.055(5), F.S., to cooperate with the
Department’s Inspector General in any investigation, audit, inspection, review, or hearing. The Contractor
will comply with this duty and ensure that its subcontracts issued under this Contract, if any, impose this
requirement, in writing, on its subcontractors.
51. REMEDIES. All rights and remedies provided in this Contract are cumulative and not exclusive of
any other rights or remedies that may be available to the Department, whether provided by law, equity,
statute, in any other agreement between the parties or otherwise. Department shall be entitled to
injunctive and other equitable relief, including, but not limited to, specific performance, to prevent a
breach, continued breach or threatened breach of this Contract. No remedy or election hereunder shall
be deemed exclusive. A failure to exercise or a delay in exercising, on the part of the Department, any
right, remedy, power or privilege hereunder shall not operate as a waiver thereof; nor shall any single or
partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise
thereof or the exercise of any other right, remedy, power or privilege.
52. RESPECT OF FLORIDA. When possible, the Contractor agrees that any articles that are the
subject of, or required to carry out, this Contract shall be purchased from a nonprofit agency for the blind
or for the severely handicapped that is qualified pursuant to Chapter 413, F.S., in the same manner and
under the same procedures set forth in Section 413.036(1) and (2), F.S.; and for purposes of this
Contract the person, firm, or other business entity carrying out the provisions of this Contract shall be
deemed to be substituted for the state agency insofar as dealing with such qualified nonprofit agency is
concerned.
The "nonprofit agency” identified is RESPECT of Florida which may be contacted at:
RESPECT of Florida.
2475 Apalachee Parkway, Suite 205
Tallahassee, Florida 32301-4946
(850) 487-1471
W ebsite: www.respectofflorida.org
53. TAX EXEMPTION. Contractor recognizes that the Department is an agency of the State of Florida,
which by virtue of its sovereignty is not required to pay any taxes on the services or goods purchased
under the terms of this Contract. Department does not pay Federal excise or sales taxes on direct
purchases of tangible personal property. Department will not pay for any personal property taxes levied
on the Contractor or for any taxes levied on employees’ wages.
Page 4733 of 9661
Page 4734 of 9661
DEP Contract No. GC919, Page 1 of 7
ATTACHMENT A
SCOPE OF WORK
STORAGE TANK SYSTEM COMPLIANCE ASSISTANCE
WORK DESCRIPTION
1. The Contractor shall perform routine compliance inspections within the jurisdictional (geographical)
boundaries of the specified counties as required by an executed Task Assignment(s) at the following
Chapter 376, F.S., facilities: storage tanks regulated pursuant to Sections 376.30 – 376.317, F.S.
(excluding cattle dip vats, dry-cleaning facilities and designated Brownfields) and Chapters 62-761
and 62-762, F.A.C. In addition, the Contractor shall perform closure inspections, installation
inspections, discharge inspections, re-inspections, and complaint inspections as applicable, in
accordance with each Task Assignment. All inspections shall be performed by an individual(s) in a
position equivalent to an Environmental Specialist I level or higher. Beginning on the effective date
of this Contract, the Contractor is authorized to enter private property in order to carry out inspections
pursuant to Sections 403.091 and 403.858, Florida Statutes. However, an authorized facility
representative must safely access all storage tank system components for inspection by the
Contractor, and must demonstrate operational functionality of electronic equipment. This Scope of
Work provides the minimum services the Department is seeking. The specific Tasks, Deliverabl es,
Performance Measures, and Deliverable due dates will be included in each issued Task Assignment.
TASKS
2. Inspections must be performed in accordance with each executed Task Assignment.
A. Perform routine compliance inspections of facilities listed on each executed Task Assignment .
Facilities not listed for inspection during the current executed Task Assignment will be
prioritized to be inspected during subsequent Task Assignments.
B. Perform all closure inspections at known storage tank system closure activities (limited to
Tanks, Sumps, Spill Containment Systems, Spill Buckets, Integral Piping and Bulk Product
Piping and any other components as directed) and of past closure activities that have been
discovered as having taken place without notification to ensure that the system or system
component is properly closed in accordance with Chapters 62-761 and 62-762, F.A.C., as
applicable.
C. Perform all installation inspections of known new installations and of past installations (limited
to Tanks, Sumps, Spill Containment Systems, Spill Buckets, Integral Piping and Bulk Product
Piping and any other components as directed) that have been discovered as having taken
place without notification to ensure that the system or system component is properly
constructed and installed in accordance with Chapters 62-761 and 62-762, F.A.C., as
applicable.
D. Perform a discharge inspection at all facilities with known or suspected discharges within
fourteen (14) calendar days of receipt of notification.
E. Re-inspections may only be performed for payment as needed to verify compliance of items
identified as requiring a re -inspection, as referenced in the “Storage Tank System Program
Violation List” (Guidance Document A). For all other violations, a re-inspection may only be
performed for payment if the Contractor and the Department Task Manager agree, prior to the
inspection, that it is warranted.
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DEP Contract No. GC919, Page 2 of 7
F. Respond to complaints concerning regulated facilities, and/or as directed by the Department
Task Manager by performing a complaint inspection. Inspection findings concerning regulated
facilities shall be documented in a complaint inspection report activity in FIRST. Complaint
inspections not involving a regulated facility shall be documented in writing and/or as directed
by the Department Task Manager.
3. Inspector responsibilities shall include:
A. Contacting facility owners, operators, and/or other authorized representatives verbally or in
writing, to schedule inspections. The Department Task Manager may require written
notification of inspections if verbal methods have proven unsatisfactory. For routine
compliance inspections, the Contractor shall provide outreach to each facility prior to the
inspection by contacting the facility at least five (5) calendar days in advance of the inspection,
reminding the facility to view the inspection videos on the Department’s website prior to the
upcoming inspection, and discussing recent previous inspections at the facility noting any
violations cited. This outreach is to be documented in FIRST in a Phone or Electronic
Communication Activity, depending on how the contact was made.
B. Conducting inspections with the owners, operators, and/or other authorized representatives of
facilities for the purpose of determining compliance with Chapters 62-761 and 62-762, F.A.C.,
and Chapter 376, F. S.
C. Distributing registration forms or providing directions for the use of the Electronic Self Service
Application Portal (ESSA) on the Department’s website to all facilities that are determined by
the Contractor to need registration updates.
D. All inspection activities shall be documented using the Florida Inspection Reporting for Storage
Tanks (FIRST) database and FIRST equipment in accordance with the minimum standards
referenced in the “FIRST User’s Guide” (Guidance Document B).
E. All inspection reports shall be completed in accordance with the “Level of Effort Guidance”
(Guidance Document F). The date and manner of the issuance of the inspection report to the
facility owner/operator shall be documented in FIRST. This may be accomplished with the
completion of one or more supporting activities in FIRST, such as a Non-Compliance Project
Letter Activity, Issue Document Activity, and/or Electronic Communication Activity.
F. Responding to requests for public assistance both in the office and during inspections.
4. Perform Level 1 Compliance Assistance Actions.
A. These actions shall include investigation and documentation of violations of Chapters 62 -761
and 62-762, F.A.C., or the county’s equivalent regulations, preparation of Compliance
Assistance letters and related activities in accordance with the “Storage Tank System Program
Violation List” (Guidance Document A) and “Level of Effort Guidance” (Guidance Document F).
B. An individual(s) in a position equivalent to an Environmental Specialist II level or higher shall
conduct Level 1 Com pliance Assistance activities. Compliance Assistance letters may be
prepared and sent by an individual(s) at the Environmental Specialist I level under the direction
of an individual at the Environmental Specialist II level or higher.
C. All Compliance Assistance letters shall be on Department forms, in Department format, or have
Department approval.
D. Compliance Assistance letters shall be issued through FIRST in accordance with the “FIRST
User’s Guide” (Guidance Document B) to ensure that the letters are posted to the OCULUS
document management system.
Page 4736 of 9661
DEP Contract No. GC919, Page 3 of 7
E. If there is any indication that Compliance Assistance actions are not being performed in
accordance with “Level of Effort Guidance” (Guidance Document F); the Department Task
Manager may request the submission of a Corrective Action Plan (CAP), and may recommend
to the Department Contract Manager to hold invoices until such actions are being performed
to the satisfaction of the Department Task Manager. The Department Task Manager shall be
responsible for reviewing the CAP and notifying the Contractor if the CAP is approved or in
need of revision.
F. The Contractor must maintain the administrative organization, staff, financial and other
resources necessary to effectively administer the requirements of this Attachment. Failure to
do so is a material breach of this Contract.
G. This Attachment specifically does not include actions associated with the cleanup or
enforcement of Contractor-owned or operated petroleum storage systems or any discharge(s)
associated with them.
ASSESSMENT OF PERFORMANCE LEVELS
5.. The Contractor shall perform inspections as directed in paragraph 4, above, and assess performance
levels monthly to determine its progress towards completion of each Task Assignment. Upon
discovery of any problems that would delay or prevent the timely progress and completion of each
Task Assignment, the Contractor shall notify the Department Task Manager.
6. Following the effective date of each Task Assignment, the Contractor must have completed the
following percentage of the required routine compliance inspections unless otherwise indicated in the
Task Assignment:
A. After four (4) months, thirty three percent (33%) of inspections must have been completed.
B. After eight (8) months, sixty six percent (66%) of inspections must have been completed.
C. After twelve (12) months, one hundred percent (100%) of inspections must have been
completed.
7. If the actual number of completed inspections falls below these levels, then th e Contractor must
submit a CAP to the Department Task Manager, and associated invoices will be held by the
Department Contract Manager until these completion percentages are subsequently reached.
8. If there is any indication that other required inspections or activities are not being performed, the
Department Task Manager may request the submission of a CAP and may recommend to the
Department Contract Manager to hold invoices until such actions are being performed to the
satisfaction of the Department Task Manager.
9. The Department Task Manager shall be responsible for reviewing all CAPs and notifying the
Contractor if the CAP is approved or is in need of revision.
10. A completion rate of 100 percent is required for those activities described in Paragraph 1, above, and
as set forth in each Task Assignment, unless otherwise indicated in the Task Assignment.
11. The Department shall authorize the Contractor to provide services under this Contract utilizing the
Task Assignment Notification Form, attached to the Contract as Attachment C. The Contractor
acknowledges that no work shall be performed until a Task Assignment authorizing work has been
fully executed by the Department and the Contractor. If, during the term of an executed Task
Assignment, a modification of the Task Assignment is needed, the Department may issue a new Task
Assignment Form clearly marked with the original task number and the appropriate amendment
Page 4737 of 9661
DEP Contract No. GC919, Page 4 of 7
number, detailing the revised description of the work to be performed. As with the original Task
Assignment, all amendments to Task Assignments must be executed by both the Department and
the Contractor prior to the work being performed.
SCOPE REQUIREMENTS
12. The Contractor shall administer the compliance verification program, provide technical assistance,
and perform level 1 Compliance Assistance actions. Data generated from all inspections conducted
under the direction of the Department shall be entered into FIRST, and completed, prior to the
submittal of an invoice to the Department Contract Manager.
13. The Contractor shall comply with all provisions of this Contract, verify facility compliance with Chapter
376, F.S., and Chapters 62-761 and 62-762, and be knowledgeable of the differences between the
state and federal environmental statutes and rules applicable to underground storage tanks.
14. The Contractor shall require that qualified individuals perform field inspections and that they receive
training on Chapters 62-761 and 62-762, and Chapter 376, F.S.
15. The Contractor shall provide a sufficient number of qualified staff to satisfactorily complete all the
responsibilities included in this Contract. All individuals hired after the effective date of this Contract
shall possess qualifications equivalent to Department position levels as specified in this Contract.
16. The Contractor shall determine the accurate latitude and longitude coordinates for each regulated
facility inspected using Department-approved procedures and ensure the proper entry of this data
into the Department inspection database.
17. The Contractor shall review closure reports filed by facility owners , operators, or authorized
representatives to ensure that the Department's “Instructions for Conducting Sampling During
Aboveground Storage Tank Closure” (Guidance Document C1) and “Instructions for Conducting
Sampling During Underground Storage Tank Closure” (Guidance Document C2) have been followed.
In cases where these requirements have not been met, the Contractor shall initiate Level 1
Compliance Assistance actions to compel compliance. In cases where these requirements have
been met and none the of Department’s cleanup target levels have been exceeded, the Contractor
shall issue a Closure Report Review Letter for the system or component described in the Closure
Report indicating the Closure Report meets the requirements of Chapter 62-761 and/or 62-762,
F.A.C. In cases where cleanup target levels have been exceeded and it has been determined to be
a new discharge, the Contractor shall prepare and send a Site Assessment Report request letter to
the facility owner and operator, if appropriate. In addition, the Contractor shall provide notification to
the Department Task Manager within thirty (30) days of the determination of a new discharge at a
facility.
18. The Contractor shall prepare and send a Site Assessment Report request letter to the facility owner
and operator, if appropriate, in cases where a new discharge has been discovered related to a
regulated storage tank system, but unrelated to a closure as discussed in pa ragraph 13., above. In
addition, the Contractor shall provide within thirty (30) days of the determination of a new discharge
at a facility.
19. The Contractor shall maintain its paper files on regulated facilities that were composed prior to the
FIRST database implementation, as well as documentation from the facility that may not be available
in FIRST, such as closure reports. In the event a case referral to the Department District Office for
further enforcement is necessary, a copy of any documents pertinent to the case that are not available
in FIRST shall be submitted to the Department District Office in accordance with the “Guidelines for
Case Referrals” (Guidance Document G).
20. Facility files must be kept until the site has been determined closed. Once the facility has been closed
for five (5) years, the records may be transmitted electronically to the Department Contract Manager
Page 4738 of 9661
DEP Contract No. GC919, Page 5 of 7
in Tallahassee for preservation, unless the Contractor is subject to more stringent local record
retention requirements. Copies can be maintained by the Contractor at the Contractor’s expense. If,
for any reason, the Department's contractual arrangement with the Contractor to perform the
inspection program (through this Contract or any future contracts) ceases, the Contractor shall
transmit electronic copies of all documents to the Department Contract Manager.
21. The Contractor shall provide attendance of at least one program staff member at schedule d meetings,
conferences, and teleconferences. The Department Task Manager may authorize attendance at a
location other than the District Office. The Contractor shall provide attendance of additional staff
members as requested by the Department.
22. The Contractor shall ensure that all field personnel receive the health and safety training required to
meet OSHA standards (an initial 24 or 40-hour course within 6 months of employment under this
Contract, followed by an annual 8-hour refresher course).
23. The Contractor shall supervise the Local Compliance Program with an individual at a minimum
equivalent to the Department's Environmental Specialist III personnel category.
24. The Contractor shall provide copies of applicable rules, inspection forms, and other program/public
assistance information to the public and regulated interests. However, this provision does not
authorize photocopying of reference documents in violation of copyright law.
25. The Contractor shall maintain financial books, records, and documents directly pertinent to
performance under this Contract in accordance with generally accepted accounting principles
consistently applied. All books, records, and documents pertinent to performance under this Contract
shall be maintained for the entire term of this Contract and for five years following the expiration or
termination of this Contract. The Department, the State, or their authorized representatives shall
have access to such records for audit purposes during the entire term of this Contract and for five
years following the expiration or termination of this Contract. A penalty of 8.3% of the current Task
Assignment amount will be assessed for each year that shows insufficient record keeping.
26. The Contractor shall not allocate funding to non-program activities outside the scope of this Contract
or any Task Assignment. Sections 376.3071 and 376.11, F.S., prohibit the use of Inland Protection
Trust Fund (IPTF) and Florida Coastal Protection Trust Fund (FCPTF) moneys for purposes other
than those specified in these sections.
27. Access to Department databases shall be made by using an Internet connection. Therefore, the
Contractor is responsible for subscribing to and paying for all charges related to use of the services
of a reputable Internet service provider. The Contractor must have a dedicated Internet line for
FIRST.
28. Guidance Documents. The Contractor agrees that the services required under this Contract shall
be performed in accordance with the guidance documents listed below and in accordance with the
provisions of this Contract. The Guidance Documents are available online. To access the
Guidance Documents please follow the link:
http://www.dep.state.fl.us/waste/categories/tanks/pages/compliance.htm.
The Contractor hereby acknowledges receipt of the following guidance documents:
A. Guidance Document A -- Storage Tank System Program Violation List.
B. Guidance Document B -- Florida Inspection Reporting for Storage Tanks (FIRST) User
Requirements. Please visit the following website to download:
http://www.dep.state.fl.us/waste/categories/tanks/pages/first_use
rs_guide.htm
C. Guidance Document C1 -- Instructions for Conducting Sampling During Aboveground
Storage Tank Closure
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DEP Contract No. GC919, Page 6 of 7
Guidance Document C2-- Instructions for Conducting Sampling During Underground
Storage Tank Closure
D. Guidance Document D1 -- Compliance Verification Program Local Program Review Form
Guidance Document D2 -- Contractual Review Form
E. Guidance Document E -- Contractual Services Invoice
F. Guidance Document F -- Level of Effort Guidance
G. Guidance Document G -- Guidelines for Case Referrals
H. Guidance Document H -- Contractual Service Payment Calculation
I. Guidance Document I -- DEP Directive 923 Settlement Guidelines for Civil and
Administrative Penalties
29. The Contractor shall provide a written response within forty-five (45) days to the Program Review
findings conducted in accordance with paragraph 37, below, and at a minimum, provide details on
any corrective actions that will be implemented.
30. The Contractor shall submit a satisfactory Corrective Action Plan to the Department Task Manager
upon notification of a score below seventy-five (75) on the Program Review within fourteen (14)
calendar days of notification of the score. Because a score below seventy-five (75) reflects an
unacceptable level of performance, if the Contractor receives a score below seventy-five (75) may
result in contract termination.
31. The Contractor is responsible for the professional quality, technical accuracy, and coordination of all
reports and other services furnished by the Contractor under this Contract. The Contractor shall,
without additional compensation, correct or revise any errors, omissions, or other deficiencies in its
reports and other services.
DEPARTMENT RESPONSIBILITIES
32. The Department shall serve in an advisory capacity to the Contractor. The Department shall make
legal interpretations of Department rules, which shall be binding with respect to the Contractor’s
ordinances to the extent that those ordinances adopt the provisions of Chapters 62 -761 and 62-762,
F.A.C., as required by this Contract.
33. The Department shall review completed inspection reports when and as deemed necessary.
34. The Department shall provide program and regulatory guidance for the Contractor. The Department
shall provide training in new technology and program management changes as necessary.
35. The Department shall conduct enforcement activities for violations of Chapters 62 -761 and 62-762,
F.A.C., when case referrals are properly made and forwarded to the District Office in accordance with
the “Guidelines for Case Referrals” (Guidance Document G).
36. The Department shall provide information to the Contractor about Department registered storage tank
system equipment and alternate procedures (waivers, variances, or registrations).
37. At least once annually, the Department shall perform a Program Review using the “Compliance
Verification Program Local Program Review Form” (Guidance Document D), and provide a copy of
the Program Review findings to the Contractor upon completion of the Program Review. The
Department may conduct inspections, including accompanied inspections and follow-up inspections,
at any reasonable time. In addition, the Department may also conduct facility file reviews through
FIRST at any time. The Department Task Manager may perform additional program reviews, as
deemed necessary, to insure the required performance of the Contractor. The Department Task
Manager may forgo a Program Review for the next Task Assignment for a Contractor that receives
a score of 95 or greater on the Program Review during the current Task Assignment.
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DEP Contract No. GC919, Page 7 of 7
PAYMENTS
38. The Contractor shall submit invoices on a monthly basis. Each invoice shall be submitted using the
“Contractual Services Invoice” (Guidance Document E). Each invoice is due no later than the 15th
day of the month following the month of services. The invoice shall be submitted electronically to the
Department Contract Manager at STR_Invoices@dep.state.fl.us and copied to the Department Task
Manager. Reimbursement requests for the purchase of non-expendable equipment costing $1,000
or more must include copies of invoices or receipts to document the charges.
DOCUMENTATION
39. Prior to the submittal of each month’s invoice to the Department Contract Manager, the Contractor
shall complete and submit electronically the “Payment Calculation Sheet” (Guidance Document H)
for the month to the Department Task Manager no later than the 10th day of the month following the
month of services. The Department Task Manager shall review the monthly Payment Calculation
Sheet for accuracy and completeness and shall return the approved Payment Calculation Sheet to
the Contractor for submittal with the monthly invoice to the Department Contract Manager in
Tallahassee, Florida for processing. If the Contractor fails to perform as directed by the terms of this
Contract, the Department shall return the unpaid invoice to the Contractor documenting the areas in
which the Contractor has failed to meet its contractual obligations.
MANAGEMENT
40. The Department Contract Manager is Roger Ruiz, Phone (850) 245-8854. The Contractor’s Contract
Manager is Phil Snyderburn, (239) 207-0920. Each Task Assignment will identify the Department
Task Manager and the Contractor’s Task Manager. All matters relating to a specific Task Assignment
shall be directed to the Department Task Manager for appropriate action or disposition. All matters
relating to this Contract shall be directed to the Department Contract Manager.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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DEP Contract No. GC919, Page 1 of 8
ATTACHMENT B
SCOPE OF WORK
STORAGE TANK SYSTEM COMPLIANCE ASSISTANCE AND ENFORCEMENT ACTIONS
WORK DESCRIPTION
1. The Contractor shall perform routine compliance inspections within the jurisdictional (geographical)
boundaries of the specified counties as required by an executed Task Assignment(s) at the following
Chapter 376, F.S., facilities: storage tanks regulated pursuant to Sections 376.30 – 376.317, F.S.
(excluding cattle dip vats, dry-cleaning facilities and designated Brownfields) and Chapters 62-761
and 62-762, F.A.C., In addition, the Contractor shall perform closure inspections, installation
inspections, discharge inspections, re-inspections, and complaint inspections as applicable, in
accordance with each Task Assignment. All inspections shall be performed by an individual(s) in a
position equivalent to an Environmental Specialist I level or higher. Beginning on the effective date
of this Contract, the Contractor is authorized to enter private property in order to carry out inspections
pursuant to Sections 403.091 and 403.858, Florida Statutes. However, an authorized facility
representative must safely access all storage tank system components for inspection by the
Contractor, and must demonstrate operational functionality of electronic equipment. This Scope of
Work provides the minimum services the Department is seeking. The specific Tasks, Deliverabl es,
Performance Measures, and Deliverable due dates will be included in each issued Task Assignment.
TASKS
2. Inspections must be performed in accordance with each executed Task Assignment.
A. Perform routine compliance inspections of facilities listed on each executed Task Assignment .
Facilities not listed for inspection during the current executed Task Assignment will be
prioritized to be inspected during subsequent Task Assignments.
B. Perform all closure inspections at known storage tank system closure activities (limited to
Tanks, Sumps, Spill Containment Systems, Spill Buckets, Integral Piping and Bulk Product
Piping and any other components as directed) and of past closure activities that have been
discovered as having taken place without notification to ensure that the system or system
component is properly closed in accordance with Chapters 62-761 and 62-762, F.A.C., as
applicable.
C. Perform all installation inspections of known new installations and of past installations (limited
to Tanks, Sumps, Spill Containment Systems, Buckets, Integral Piping and Bulk Product Piping
and any other components as directed) that have been discovered as having taken place
without notification to ensure that the system or system component is properly constructed and
installed in accordance with Chapters 62-761 and 62-762, F.A.C., as applicable.
D. Perform a discharge inspection at all facilities with known or suspected discharges within
fourteen (14) calendar days of receipt of notification.
E. Re-inspections may only be performed for payment as needed to verify compliance of items
identified as requiring a re -inspection, as referenced in the “Storage Tank System Program
Violation List” (Guidance Document A). For all other violations, a re-inspection may only be
performed for payment if the Contractor and the Department Task Manager agree, prior to the
inspection, that it is warranted.
F. Respond to complaints concerning regulated facilities, and/or as directed by the Department
Task Manager by performing a complaint inspection. Inspection findings concerning regulated
Page 4742 of 9661
DEP Contract No. GC919, Page 2 of 8
facilities shall be documented in a complaint inspection report activity in FIRST. Complaint
inspections not involving a regulated facility shall be documented i n writing and/or as directed
by the Department Task Manager.
3. Inspector responsibilities shall include:
A. Contacting facility owners, operators, and/or other authorized representatives verbally or in
writing, to schedule inspections. The Department Task Manager may require written
notification of inspections if verbal methods have proven unsatisfactory. For routine
compliance inspections, the Contractor shall provide outreach to each facility prior to the
inspection by contacting the facility at least five (5) calendar days in advance of the inspection,
reminding the facility to view the inspection videos on the Department’s website prior to the
upcoming inspection, and discussing recent previous inspections at the facility noting any
violations cited. This outreach is to be documented in FIRST in a Phone or Electronic
Communication Activity, depending on how the contact was made.
B. Conducting inspections with the owners, operators, and/or other authorized representatives of
facilities for the purpose of determining compliance with Chapters 62-761 and 62-762, F.A.C.,
and Chapter 376, F. S.
C. Distributing registration forms or providing directions for the use of the Electronic Self Service
Application Portal (ESSA) on the Department’s website to all facilities that are determined by
the Contractor to need registration updates.
D. All inspection activities shall be documented using the Florida Inspection Reporting for Storage
Tanks (FIRST) database and FIRST equipment in accordance with the minimum standards
referenced in the “FIRST User’s Guide” (Guidance Document B).
E. All inspection reports shall be completed in accordance with the “Level of Effort Guidance”
(Guidance Document F). The date and manner of the issuance of the inspection report to the
facility owner/operator shall be documented in FIRST. This may be accomplished with the
completion of one or more supporting activities in FIRST, such as a Non-Compliance Project
Letter Activity, Issue Document Activity, and/or Electronic Communication Activity.
F. Responding to requests for public assistance both in the office and during inspections.
4. Perform Level 1 Compliance Assistance and Level 2 enforcement actions in accordance with Exhibit
A, Storage Tank System Compliance Assistance and Enforcement Actions, attached hereto and
made a part hereof.
A. Level 1 Compliance Assistance actions.
(1) These actions shall include investigation and documentation of violations of Chapters 62 -
761 and 62-762, F.A.C., or the county’s equivalent regulations, preparation of Compliance
Assistance letters and related activities in accordance with the “Storage Tank System
Program Violation List” (Guidance Document A) and “Level of Effort Guidance” (Guidance
Document F).
(2) An individual(s) in a position equivalent to an Environmental Specialist II level or higher
shall conduct Level 1 Compliance Assistance activities. Compliance Assistance letters may
be prepared and sent by an individual(s) at the Environmental Specialis t I level under the
direction of an individual at the Environmental Specialist II level or higher.
(3) All Compliance Assistance letters shall be on Department forms, in Department format, or
have Department approval.
Page 4743 of 9661
DEP Contract No. GC919, Page 3 of 8
(4) Compliance Assistance letters shall be issued through FIRST in accordance with the
“FIRST User’s Guide” (Guidance Document B) to ensure that the letters are posted to the
OCULUS document management system.
(5) If there is any indication that Compliance Assistance actions are not being performed in
accordance with “Level of Effort Guidance” (Guidance Document F); the Department Task
Manager may request the submission of a Corrective Action Plan (CAP), and may
recommend to the Department Contract Manager to hold invoices until such actions are
being performed to the satisfaction of the Department Task Manager. The Department
Task Manager shall be responsible for reviewing the CAP and notifying the Contractor if
the CAP is approved or in need of revision.
B. Level 2 enforcement actions.
(1) These actions shall include initiation and completion of administrative and judicial
enforcement actions as lead party; preparing, delivering, and executing enforcement
documents including Warning Letters, Consent Orders, Notices of Violation, and Final
Orders; taking lead responsibility in the discovery process; determining appropriate judicial
remedies, including civil penalties, injunctive relief, and assessment of damages; and
performing post-judgment enforcement activities.
(2) All Level 2 enforcement actions shall be conducted under the supervision of an attorney
licensed to practice law in the State of Florida and employed by the Contractor.
(3) All enforcement documents shall be on Department forms, in Department format, or have
Department approval unless documents are being filed as part of a legal proceeding in
which case the rules of procedure for the body before which the legal proceeding is taking
place shall apply.
(4) Any penalties assessed under this Exhibit shall be in accordance with “DEP Directive 923:
Settlement Guidelines for Civil and Administrative Penalties” (Guidance Document I).
5. The Contractor must perform the enforcement actions specified in this Exhibit under its own
ordinances. Therefore, the Contractor must have and maintain provisions adopting Chapters 62-761
and 62-762, F.A.C., or their equivalent and penalty authority equivalent to that set forth in Sections
403.141 and 403.161, F.S., as their own local ordinances during the term of this Contract. F ailure to
maintain such requirements shall result in the unilateral termination of this Contract by the
Department.
6. The Contractor must maintain the administrative organization, staff, financial and other resources
necessary to effectively administer the requirements of this Attachment. Failure to do so is a material
breach of this Contract.
7. This Attachment specifically does not include actions associated with the cleanup or enforcement of
Contractor-owned or operated petroleum storage systems or any discharge(s) associated with them.
8. If there is any indication that enforcement actions are not being performed or are inadequate, the
Department Task Manager may request the submission of a CAP and may recommend to the
Department Contract Manager to hold invoices until such actions are being performed to the
satisfaction of the Department Task Manager. The Department Task Manager shall be responsible
for reviewing the CAP and notifying the Contractor if the CAP is approved or in need of revision.
ASSESSMENT OF PERFORMANCE LEVELS
9. The Contractor shall perform inspections as directed in paragraph 4, above, and assess performance
levels monthly to determine its progress towards completion of each Task Assignment. Upon
Page 4744 of 9661
DEP Contract No. GC919, Page 4 of 8
discovery of any problems that would delay or prevent the timely progress and completion of each
Task Assignment, the Contractor shall notify the Department Task Manager.
10. Following the effective date of each Task Assignment, the Contractor must have completed the
following percentage of the required routine compliance inspections unless otherwise indicated in the
Task Assignment:
A. After four (4) months, thirty three percent (33%) of inspections must have been completed.
B. After eight (8) months, sixty six percent (66%) of inspections must have been completed.
C. After twelve (12) months, one hundred percent (100%) of inspections must have been completed.
11. If the actual number of completed inspections falls below these levels, then the Contractor must
submit a CAP to the Department Task Manager, and associated invoices will be held by the
Department Contract Manager until these completion percentages are subsequently reached.
12. If there is any indication that other required inspections or activities are not being performed, the
Department Task Manager may request the submission of a CAP and may recommend to the
Department Contract Manager to hold invoices until such actions are being performed to the
satisfaction of the Department Task Manager.
13. The Department Task Manager shall be responsible for reviewing all CAPs and notifying the
Contractor if the CAP is approved or needs revision.
14. A completion rate of 100 percent is required for those activities described in Paragraph 1, above, and
as set forth in each Task Assignment, unless otherwise indicated in the Task Assignment.
15. The Department shall authorize the Contractor to provide services under this Contract utilizing the
Task Assignment Notification Form, attached to the Contract as Attachment C. The Contractor
acknowledges that no work shall be performed until a Task Assignment authorizing work has been
fully executed by the Department and the Contractor. If, during the term of an executed Task
Assignment, a modification of the Task Assignment is needed, the Department may issue a new Task
Assignment Form clearly marked with the original task number and the appropriate amendment
number, detailing the revised description of the work to be performed. As with the original Task
Assignment, all amendments to Task Assignments must be executed by both the Department and
the Contractor prior to the work being performed.
SCOPE REQUIREMENTS
16. The Contractor shall administer the compliance verification program, provide technical assistance,
and perform level 1 Compliance Assistance actions. Data generated from all inspections conducted
under the direction of the Department shall be entered into FIRST, and completed, prior to the
submittal of an invoice to the Department Contract Manager.
17. The Contractor shall comply with all provisions of this Contract, verify facility compliance with Chapter
376, F.S., and Chapters 62-761 and 62-762, and be knowledgeable of the differences between the
state and federal environmental statutes and rules applicable to underground storage tanks.
18. The Contractor shall require that qualified individuals perform field inspections and that they receive
training on Chapters 62-761 and 62-762, and Chapter 376, F.S.
19. The Contractor shall provide a sufficient number of qualified staff to satisfactorily complete all the
responsibilities included in this Contract. All individuals hired after the effective date of this Contract
shall possess qualifications equivalent to Department position levels as specified in this Contract.
Page 4745 of 9661
DEP Contract No. GC919, Page 5 of 8
20. The Contractor shall determine the accurate latitude and longitude coordinates for each regulated
facility inspected using Department-approved procedures and ensure the proper entry of this data
into the Department inspection database.
21. The Contractor shall review closure reports filed by facility owners , operators, or authorized
representatives to ensure that the Department's “Instructions for Conducting Sampling During
Aboveground Storage Tank Closure” (Guidance Document C1) and “Instructions for Conducting
Sampling During Underground Storage Tank Closure” (Guidance Document C2) have been followed.
In cases where these requirements have not been met, the Contractor shall initiate Level 1
Compliance Assistance actions to compel compliance. In cases where these requirements have
been met and none the of Department’s cleanup target levels have been exceeded, the Contractor
shall issue a Closure Report Review Letter for the system or component described in the Closure
Report indicating the Closure Report meets the requirements of Chapter 62-761 and/or 62-762,
F.A.C. In cases where cleanup target levels have been exceeded and it has been determined to be
a new discharge, the Contractor shall prepare and send a Site Assessment Report request letter to
the facility owner and operator, if appropriate. In addition, the Contractor shall provide notification to
the Department Task Manager within thirty (30) days of the determination of a new discharge at a
facility.
22. The Contractor shall prepare and send a Site Assessment Report request letter to the facility owner
and operator, if appropriate, in cases where a new discharge has been discovered related to a
regulated storage tank system, but unrelated to a closure as discussed in paragraph 1 3., above. In
addition, the Contractor shall provide within thirty (30) days of the determination of a new discharge
at a facility.
23. The Contractor shall maintain its paper files on regulated facilities that were composed prior to the
FIRST database implementation, as well as documentation from the facility that may not be available
in FIRST, such as closure reports. In the event a case referral to the Department District Office for
further enforcement is necessary, a copy of any documents pertinent to the case that are not available
in FIRST shall be submitted to the Department District Office in accordance with the “Guidelines for
Case Referrals” (Guidance Document G).
24. Facility files must be kept until the site has been determined closed. Once the facility has been closed
for five (5) years, the records may be sent to the Department Contract Manager in Tallahassee for
preservation, unless the Contractor is subject to more stringent local record retention requirements.
Copies can be maintained by the Contractor at the Contractor’s expense. If, for any reason, the
Department's contractual arrangement with the Contractor to perform the inspection program
(through this Contract or any future contracts) ceases, the Contractor shall return all original facility
files to the Department Contract Manager in Tallahassee within 30 calendar days of Contract
expiration or termination.
25. The Contractor shall provide attendance of at least one program staff member at scheduled meetings ,
conferences, and teleconferences. The Department Task Manager may authorize attendance at a
location other than the District Office. The Contractor shall provide attendance of additional staff
members as requested by the Department.
26. The Contractor shall ensure that all field personnel receive the health and safety training required to
meet OSHA standards (an initial 24 or 40-hour course within 6 months of employment under this
Contract, followed by an annual 8-hour refresher course).
27. The Contractor shall supervise the Local Compliance Program with an individual at a minimum
equivalent to the Department's Environmental Specialist III personnel category.
Page 4746 of 9661
DEP Contract No. GC919, Page 6 of 8
28. The Contractor shall provide copies of applicable rules, inspection forms, and other program/public
assistance information to the public and regulated interests. However, this provision does not
authorize photocopying of reference documents in violation of copyright law.
29. The Contractor shall maintain financial books, records, and documents directly pertinent to
performance under this Contract in accordance with generally accepted accounting principles
consistently applied. All books, records, and documents pertinent to performance under this Contract
shall be maintained for the entire term of this Contract and for five years following the expiration or
termination of this Contract. The Department, the State, or their authorized representatives shall
have access to such records for audit purposes during the entire term of this Contract a nd for five
years following the expiration or termination of this Contract. A penalty of 8.3% of the current Task
Assignment amount will be assessed for each year that shows insufficient record keeping.
30. The Contractor shall not allocate funding to non-program activities outside the scope of this Contract
or any Task Assignment. Sections 376.3071 and 376.11, F.S., prohibit the use of IPTF and Florida
Coastal Protection Trust Fund (FCPTF) moneys for purposes other than those specified in these
sections.
31. Access to Department databases shall be made by using an Internet connection. Therefore, the
Contractor is responsible for subscribing to and paying for all charges related to use of the services
of a reputable Internet service provider. The Contractor must have a dedicated Internet line for
FIRST.
32. Guidance Documents. The Contractor agrees that the services required under this Contract shall
be performed in accordance with the guidance documents listed below and in accordance with the
provisions of this Contract. The Guidance Documents are available online. To access the
Guidance Documents please follow the link:
http://www.dep.state.fl.us/waste/categories/tanks/pages/compliance.htm.
The Contractor hereby acknowledges receipt of the following guidance documents:
A. Guidance Document A -- Storage Tank System Program Violation List.
B. Guidance Document B -- Florida Inspection Reporting for Storage Tanks (FIRST) User
Requirements. Please visit the following website to download:
http://www.dep.state.fl.us/waste/categories/tanks/pages/first_use
rs_guide.htm
C. Guidance Document C1 -- Instructions for Conducting Sampling During Aboveground
Storage Tank Closure
Guidance Document C2 -- Instructions for Conducting Sampling During Underground
Storage Tank Closure
D. Guidance Document D1 -- Compliance Verification Program Local Program Review Form
Guidance Document D2 -- Contractual Review Form
E. Guidance Document E -- Contractual Services Invoice
F. Guidance Document F -- Level of Effort Guidance
G. Guidance Document G -- Guidelines for Case Referrals
H. Guidance Document H -- Contractual Service Payment Calculation
I. Guidance Document I -- DEP Directive 923 Settlement Guidelines for Civil and
Administrative Penalties
33. The Contractor shall provide a written response within forty-five (45) days to the Program Review
findings conducted in accordance with paragraph 38, below, and at a minimum, provide details on
any corrective actions that will be implemented.
34. The Contractor shall submit a satisfactory Corrective Action Plan to the Department Task Manager
upon notification of a score below seventy-five (75) on the Program Review within fourteen (14)
calendar days of notification of the score. Because a score below seventy-five (75) reflects an
Page 4747 of 9661
DEP Contract No. GC919, Page 7 of 8
unacceptable level of performance, if the Contractor receives a score below seventy-five (75) may
result in contract termination.
35. The Contractor is responsible for the professional quality, technical accuracy, and coordination of all
reports and other services furnished by the Contractor under this Contract. The Contractor shall,
without additional compensation, correct or revise any errors, omis sions, or other deficiencies in its
reports and other services.
DEPARTMENT RESPONSIBILITIES
36. The Department shall serve in an advisory capacity to the Contractor. The Department shall make
legal interpretations of Department rules, which shall be bin ding with respect to the Contractor’s
ordinances to the extent that those ordinances adopt the provisions of Chapters 62 -761 and 62-762,
F.A.C., as required by this Contract.
37. The Department shall review completed inspection reports when and as deemed necessary.
38. The Department shall provide program and regulatory guidance for the Contractor. The Department
shall provide training in new technology and program management changes as necessary.
39. The Department shall conduct enforcement activities for violations of Chapters 62 -761 and 62-762,
F.A.C., when case referrals are properly made and forwarded to the District Office in accordance with
the “Guidelines for Case Referrals” (Guidance Document G).
40. The Department shall provide information to the Contractor about Department registered storage tank
system equipment and alternate procedures (waivers, variances, or registrations).
41. At least once annually, the Department shall perform a Program Review using the “Compliance
Verification Program Local Program Review Form” (Guidance Document D), and provide a copy of
the Program Review findings to the Contractor upon completion of the Program Review. The
Department may conduct inspections, including accompanied inspections and follow-up inspections,
at any reasonable time. In addition, the Department may also conduct facility file reviews through
FIRST at any time. The Department Task Manager may perform additional program reviews, as
deemed necessary, to insure the required performance of the Contractor. The Department Task
Manager may forgo a Program Review for the next Task Assignment for a Contractor that receives
a score of 95 or greater on the Program Review during the current Task Assignment.
PAYMENTS
42. The Contractor shall submit invoices on a monthly basis. Each invoice shall be submitted using the
“Contractual Services Invoice” (Guidance Document E). Each invoice is due no later than the 15th
day of the month following the month of services. The invoice shall be submitted electronically to the
Department Contract Manager at STR_Invoices@dep.state.fl.us and copied to the Department Task
Manager. Reimbursement requests for the purchase of non-expendable equipment costing $1,000
or more must include copies of invoices or receipts to document the charges.
REPORTS AND DELIVERABLES
43. Prior to the submittal of each month’s invoice to the Department Contract Manager, the Contractor
shall complete and submit electronically the “Payment Calculation Sheet” (Guidance Document H)
for the month to the Department Task Manager no later than the 10th day of the month following the
month of services. The Department Task Manager shall review the monthly Payment Calculation
Sheet for accuracy and completeness and shall return the approved Payment Calculation Sheet to
the Contractor for submittal with the monthly invoice to the Department Contract Manager in
Tallahassee, Florida for processing. If the Contractor fails to perform as directed by the terms of this
Page 4748 of 9661
DEP Contract No. GC919, Page 8 of 8
Contract, the Department shall return the unpaid invoice to the Contractor documenting the areas in
which the Contractor has failed to meet its contractual obligations.
MANAGEMENT
45. The Department Contract Manager is Roger Ruiz, Phone (850) 245-8854. The Contractor’s Contract
Manager is Phil Snyderburn, (239) 207-0920. Each Task Assignment will identify the Department
Task Manager and the Contractor’s Task Manager. All matters relating to a specific Task Assignment
shall be directed to the Department Task Manager for appropriate action or disposition. All matters
relating to this Contract shall be directed to the Department Contract Manager.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Page 4749 of 9661
DEP Contract No. GC919, Attachment C, Page 1 of 4
Attachment C
Florida Department of Environmental Protection Task
Assignment Notification Form for COLLIER COUNTY
Contract No. GC919 Task No. xx Amendment No. ____ Date xxx
Performance Period: Effective the date of execution of this Task Assignment or July 1, 2017,
whichever is later, and shall remain in effect until June 30, 2018.
Description: (Additional Pages May Be Utilized)
The Contractor shall complete the following services in accordance with the requirements in DEP Contract No.
GC919
- Conduct routine compliance inspections at the xx facilities storage tank systems within Collier
County, identified in Exhibit #1, by May 31,2xxx.
- Perform all re-inspections per Guidance Document A to confirm compliance within Collier
County. Comply with the Revised Invoice Procedure (Page 2)
- Utilize the new Contractual Services Invoice Form for all monthly invoices (Guidance Document
E)
- Compensation will only occur for routine annual compliance inspections conducted at the facilities
explicitly identified in the revised Payment Calculation Sheet (Guidance Document H)
The Contractor must perform all Enforcement Actions in accordance with Guidance Document F (Level of
Effort). Guidance Document F available online at:
http://www.dep.state.fl.us/waste/categories/tanks/pages/compliance.htm.
All Guidance documents referenced in the Contract’s Scope of Work are available online at:
http://www.dep.state.fl.us/waste/categories/tanks/pages/compliance.htm.
Order of Inspection and Substitutions of facilities on Exhibit #1:
Contractor is to conduct routine inspection in order provided in Exhibit #1. Substitutions of facilities are
authorized with sites listed on the substitution list on Exhibit #1. The Contractor wishing to substitute a
facility shall email department at STR_Invoices@dep.state.fl.us stating the facility and reason for the
substitution. The Department will notify via email authorizing the substitution. Copies of authorizations
shall be retained by the Contractor for the remainder of the Contract.
Performance Criteria:
1.Number of days to return to compliance for facilities receiving routine inspections
2.Percent of facilities returned to compliance for facilities receiving routine
inspections
FDEP will determine levels of performance based on routine inspections completed before May 1, 2xxx.
This will allow for the sixty day return to compliance rate to be determined before July 1, 2xxx.
Payment schedule: Compensation will occur on a monthly basis, per the fee schedule listed in Exhibit #2.
Invoices are due no later than the 15th day of the month proceeding work activity. The Contractor must
submit a signed ‘Contractual Services Invoice’ noting the quantity and location of inspections.
Page 4750 of 9661
DEP Contract No. GC919, Attachment C, Page 2 of 4
Retainage reimbursement criteria for the amount retained per Paragraph 21 of
the Contract:
-Half (50%) of the amount retained will be returned to Contractor having an average
return to compliance in less than 45 days for facilities receiving routine inspections.
-Half (50%) of the amount retained will be returned to Contractor having an average
return to compliance rate of 95% or higher for facilities receiving routine inspections.
-Forty percent (40%) of the amount retained will be returned to Contractor having an
average return to compliance rate between 45 and 60 days for facilities receiving routine
inspections.
-Forty percent (40%) of the amount retained will be returned to Contractor having an
average return to compliance rate of between 90% and up to 95% for facilities receiving
routine inspections.
-Thirty percent (30%) of the amount retained will be returned to Contractor having an
average return to compliance rate between 61 days and 75 days for facilities receiving
routine inspections.
-Thirty percent (30%) of the amount retained will be returned to Contractor having an
average return to compliance rate of between 85% and up to 90% for facilities receiving
routine inspections.
-Twenty percent (20%) of the amount retained will be returned to Contractor having an
average return to compliance rate between 76 days and 90 days for facilities receiving
routine inspections.
-Twenty percent (20%) of the amount retained will be returned to Contractor having an
average return to compliance rate of between 80% and up to 85% for facilities receiving
routine inspections.
-NO retainage will be returned to Contractor having either: more than ninety (90) days as
average time to return to compliance for facilities receiving routine inspections; or having
an average of less than 80% of facilities receiving routine inspections returned to
compliance.
Invoice Procedure
Review of Inspections: The Payment Calculation Sheet shall be submitted by the Contractor to the
appropriate DEP District Office. The District will review in Florida Inspection Reporting of Storage Tanks
(FIRST) each variable inspection listed on the Payment Calculation Sheet to ensure that the inspection is
correctly invoiced. The District will ensure that each routine compliance inspection on the Payment
Calculation Sheet is also listed on the task assignment facilities list. Upon completion of the review, the
District shall report via email to the Permitting and Compliance Assistance Progra m’s Contract Manager
and the Contractor that the review of the inspections has been completed and of any known contractual
obligations that have not been met.
Invoice Submission: All invoices with verified and approved Payment Calculation Sheet by the
appropriate DEP District Office will be directly submitted by the Contractor to the Permitting and
Compliance Assistance Program’s Contract Manager by the 15 th of each month. Submission of invoice
shall be via email to: STR_Invoices@dep.state.fl.us. The email shall consist of a single PDF package.
The order of documents in the complete PDF package shall be as follows:
1)Contractual Services Invoice
2)Verified Payment Calculation Sheet (please make sure the month of services rendered appears
below the “Invoice Period”)
3)FIRST Report (Compliance and Activity by Date Range)
4)Tracking Form (Monthly percentage of Routine Inspections Completed)
Page 4751 of 9661
DEP Contract No. GC919, Attachment C, Page 3 of 4
Florida Department of Environmental Protection
TASK ASSIGNMENT FORM
Required Signatures: Adobe Signature
FDEP Contract No: Task Assignment No: Date: DEP Task Manager:
Project:
Contractor Name:
Contractor Representative: Phone: Email:
FDEP Contract Manager: Phone: Email:
Task Description:
Deliverables:
Performance Measures:
Financial Consequences:
Page 4752 of 9661
DEP Contract No. GC919, Attachment C, Page 4 of 4
Florida Department of Environmental Protection
TASK ASSIGNMENT FORM
Schedule:
Start Date: Completion Date:
Fixed Price Cost: Cost Reimbursement not to exceed:
Total Task Value:
Signatures and Date:
1._________________________________ __________________________________ __________________
Task Manager, FDEP Signature Date
2._________________________________ __________________________________ __________________
Contract Manager, FDEP Signature Date
3. _________________________________ __________________________________ __________________
Budget Representative, FDEP Signature Date
4. _________________________________ __________________________________ __________________
Contractor, Contract Manager Signature Date
5. _________________________________ __________________________________ __________________
Contract Authority, FDEP Signature Date
Encumbrance Information:
Budget
Entity
Project
#
Grant
#
Org Code Category &
Year
Fund Special
Category
Object
Code
EO Amount
Total:
Page 4753 of 9661
OOO-012 (Effective 09-14-2015) Page 1 of 2
Florida Department of Environmental Protection
TASK ASSIGNMENT CHANGE ORDER FORM
Required Signatures: Adobe Signature
Task Assignment Number: __________________ Date: _______________ Change Order No.______________
Contractor Name: _________________________________________________________________
Contractor Representative: __________________________________________________________
DEP Contract Manager:
Description of Change (Use additional sheets if necessary):
Change in Task Amount
Item Cost Reimbursement Fee Schedule Total
Original Task Amount:
Task amount prior to this change order:
Net increase/decrease
in task amount:
Task amount with all change orders:
Change in Task Time
Original task completion date:
Completion date prior to this change:
Net increase/decrease in task period:
Completion date with all change orders:
Page 4754 of 9661
OOO-012 (Effective 09-14-2015) Page 2 of 2
Florida Department of Environmental Protection
TASK ASSIGNMENT CHANGE ORDER FORM
Change in Funding Information
Org. Code E.O. Object Code Budget
Entity
Special
Category
Grant # Year Amount
CONTRACTOR FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
_ ___________________________ _______________
Contract Manager Date Contract Manager Date
APPROVED:
____________________________ ________________
Budget Representative Date
____________________________ ________________
Contractual Authority Date
cc: Procurement Section (MS93)
Bureau of Finance & Accounting (MS78) - 2 copies
Page 4755 of 9661
DEP Contract No. GC919, Attachment E, Page 1 of 1
(Approved Template 05/10/16)
ATTACHMENT E
CONTRACTOR AFFIDAVIT / RELEASE OF CLAIMS FORM
This affidavit must be completed and signed by the Contractor when requesting final payment for a Florida
Department of Environmental Protection (Department) authorized Task Assignment. The signature of the
Contractor shall be notarized as set forth below. Final payment for a Task Assignment will not be released
until this form is accepted by the Department.
The undersigned certifies as follows:
1.I, am the of
(name of person appearing) (title of person appearing)
with the authority to
(name of Contractor)
make this statement on behalf;
2. (”the Contractor”) entered into an
(name of company or person)
Agreement with the Department to perform certain work under Task Assignment No. .
3.Contractor has completed the work in accordance with the aforementioned Work Assignment,
including all attachments. Thereto.
4.All subcontractors have been paid in full.
5.Upon receipt by Contractor from Department of final payment under the aforementioned Work
Assignment, Contractor releases Department from any and all claims of Contractor and any of its
subcontractors and vendors that may arise under, or by virtue of, the Task Assignment, except those
claims that may be specifically exempt and set forth under the terms of this Contract. Exemptions
claimed must be attached to this affidavit and reference the Task Assignment number. Any exemptions
not attached are waived.
(signature of authorized Contractor representative)
-------------------------------- Notarization of Signature of Contractor (required) ------------------------------------
State of County of
Sworn to and subscribed before me by this day of , 20 .
☐Personally known
☐Produced Identification. Type of ID:
My Commission Expires:
(Notary’s Signature)
Notary Public, State of Commission Number (if applicable)
Page 4756 of 9661
Viol #UST Cite Category New Violation text SigReEvELRA penalty amount
403.121
FS cite 98-04 Violation ID98-04 Cite
1001 400(1)(a)-(b)REGISTRATION SYSTEMS NOT REGISTERED N R $500 failure to comply with any other departmental regulatory statute
$1000 failure to submit required notification to the department
$2000 - depositing motor fuel into an unregistered storage tank system
403.121(5)
403.121(4)(e)
403.121(3)(g)
1 400(1)-(2)
1002 400(2)(a)-(e)REGISTRATION REGISTRATION FEES NOT PAID N R $500 failure to comply with any other departmental regulatory statute
$1000 failure to submit required notification to the department
$2000 - depositing motor fuel into an unregistered storage tank system
403.121(5)
403.121(4)(e)
403.121(3)(g)
1 400(1)-(2)
1003 400(2)(f)REGISTRATION REGISTRATION PLACARD IS NOT DISPLAYED IN
PLAIN VIEW
N R $500 failure to prepare, submit, maintain, or use required documentation 403.121(4)(f)2 400(2)(a)6
1004 400(3)FINANCIAL RESPONSIBILITY NO FINANCIAL RESPONSIBILITY B R $5000 failure to satisfy financial responsibility requirements 403.121(4)(a)3 400(3)
1005 450(1)(a)1 NOTIFICATION &
REPORTING
30 DAY NOTIFICATION BEFORE INSTALLATION OR
UPGRADE NOT SUBMITTED
N N $1000 failure to submit required notification to the department 403.121(4)(e)4 450(1)(a)1
1006 450(1)(a)2 NOTIFICATION &
REPORTING
10 DAY NOTIFICATION BEFORE UST INTERNAL
INSPECTION, CHANGE IN SERVICE STATUS,
CLOSURE, OR CLOSURE ASSESSMENT NOT
SUBMITTED
N N $1000 failure to submit required notification to the department 403.121(4)(e)5 450(1)(a)2
1007 450(1)(a)3 NOTIFICATION &
REPORTING
48 HOUR NOTIFICATION BEFORE
INSTALLATION/CLOSURE ACTIVITY, UST
INTERNAL INSPECTION, CHANGE IN SERVICE
STATUS, AND TIGHTNESS TESTS NOT
SUBMITTED
N N $1000 failure to submit required notification to the department 403.121(4)(e)6 450(1)(a)3
1008 450(1)(a)4 NOTIFICATION &
REPORTING
EMERGENCY OUT-OF-SERVICE NOTIFICATION
BEFORE NEXT BUSINESS DAY NOT SUBMITTED
N N $1000 failure to submit required notification to the department 403.121(4)(e)7 450(1)(a)4
1009 450(1)(b)NOTIFICATION &
REPORTING
REGISTRATION UPDATE AFTER CHANGE OF
OWNERSHIP, CLOSURE/UPGRADE, OR CHANGE
IN FINANCIAL RESPONSIBILITY NOT SUBMITTED
WITHIN 30 DAYS
N N $1000 failure to submit required notification to the department 403.121(4)(e)8 450(1)b
1010 450(2)NOTIFICATION &
REPORTING
INCIDENT NOT REPORTED WITHIN 24 HOURS OR
BY NEXT BUSINESS DAY
N N $1000 failure to submit required notification to the department 403.121(4)(e)9 450(2)(a)
1011 450(3)(a)NOTIFICATION &
REPORTING
DISCHARGE NOT REPORTED WITHIN 24 HOURS
OR BY NEXT BUSINESS DAY
B N $1000 failure to submit required notification to the department 403.121(4)(e)10 450(3)(a)
1012 450(3)(b)NOTIFICATION &
REPORTING
COPY OF ANALYTICAL OR FIELD TEST RESULTS
CONFIRMING DISCHARGE NOT SUBMITTED WITH
DRF
N R $500 failure to prepare, submit, maintain, or use required reports or other
required documentation
403.121(4)(f)11 450(3)(b)
1013 500(1)(a)CATEGORY C SYSTEMS -
GENERAL PERFORMANCE
SITING REQUIREMENTS NOT MET N I $2000 failure to properly install a storage tank system 403.121(3)(g)12 500(1)(a)
1014 500(1)(b)CATEGORY C SYSTEMS -
GENERAL PERFORMANCE
IMPERVIOUS SPILL CONTAINMENT NOT
INSTALLED OR DOES NOT MEET STANDARDS
B I $2000 failure to properly install a storage tank system 403.121(3)(g)14 500(1)(c)
1015 500(1)(c)CATEGORY C SYSTEMS -
GENERAL PERFORMANCE
DISPENSING SYSTEMS DO NOT MEET
STANDARDS
N I $1000 failure to properly operate, maintain, close storage tank system
$2000 failure to properly install a storage tank system
403.121(3)(g)15 500(1)(d)
1016 500(1)(d)1-2 CATEGORY C SYSTEMS -
GENERAL PERFORMANCE
SECONDARY CONTAINMENT/LINERS DOES NOT
MEET GENERAL STANDARDS
B I $2000 failure to properly install a storage tank system 403.121(3)(g)16 500(1)(e)1,2
1017 500(1)(d)3 CATEGORY C SYSTEMS -
GENERAL PERFORMANCE
CONCRETE SECONDARY CONTAINMENT DOES
NOT MEET STANDARDS
B I $2000 failure to properly install a storage tank system 403.121(3)(g)17 500(1)(e)3
1018 500(1)(e)2 CATEGORY C SYSTEMS -
GENERAL PERFORMANCE
CATHODIC PROTECTION TEST STATION/METHOD
AND OPERATION DOES NOT MEET
REQUIREMENTS
N I $1000 failure to properly operate, maintain, close storage tank system
$2000 failure to properly install a storage tank system
403.121(3)(g)23 500(1)(f)2
1019 500(1)(e)4 CATEGORY C SYSTEMS -
GENERAL PERFORMANCE
SECONDARY CONTAINMENT NOT PROPERLY
DESIGNED OR CONSTRUCTED FOR RELEASE
DETECTION, BREECH OF INTEGRITY, OR
CATHODIC PROTECTION
N I $1000 failure to properly operate, maintain, close storage tank system
$2000 failure to properly install a storage tank system
403.121(3)(g)18 500(1)(e)4
1020 500(1)(e)5 CATEGORY C SYSTEMS -
GENERAL PERFORMANCE
FAILURE TO ALLOW FOR/PERFORM A BREACH OF
INTEGRITY TEST
N I $1000 failure to properly operate, maintain, close storage tank system
$2000 failure to properly install a storage tank system
403.121(3)(g)19 500(1)(e)5
1021 500(1)(e)6 CATEGORY C SYSTEMS -
GENERAL PERFORMANCE
FAILURE TO PROVIDE A MONITORING POINT FOR
SECONDARY CONTAINMENT
N I $1000 failure to properly operate, maintain, close storage tank system
$2000 failure to properly install a storage tank system
403.121(3)(g)20 500(1)(e)6
GUIDANCE DOCUMENT A - VIOLATION LIST
UST - 1 of 38 Page 4757 of 9661
Viol #UST Cite Category New Violation text SigReEvELRA penalty amount
403.121
FS cite 98-04 Violation ID98-04 Cite
1022 500(1)(e)7 CATEGORY C SYSTEMS -
GENERAL PERFORMANCE
HYDRANT PIT SECONDARY CONTAINMENT DOES
NOT MEET STANDARDS
N I $1000 failure to properly operate, maintain, close storage tank system
$2000 failure to properly install a storage tank system
403.121(3)(g)21 500(1)(e)7
1023 500(1)(f)CATEGORY C SYSTEMS -
GENERAL PERFORMANCE
UNDERGROUND TANK RELOCATION
REQUIREMENTS NOT MET
N I $1000 failure to properly operate, maintain, close storage tank system
$2000 failure to properly install a storage tank system
403.121(3)(g)24 500(1)(g)
1024 500(1)(h)CATEGORY C SYSTEMS -
GENERAL PERFORMANCE
REUSED TANKS NOT PROPERLY CERTIFIED N R $1000 failure to properly operate, maintain, close storage tank system
$2000 failure to properly install a storage tank system
403.121(3)(g)26 500(1)l
1025 500(2)(a)CATEGORY C SYSTEMS -
UST SYSTEMS
NOT INSTALLED ACCORDING TO
MANUFACTURER'S INSTRUCTIONS
N I $1000 failure to properly operate, maintain, close storage tank system
$2000 failure to properly install a storage tank system
403.121(3)(g)27 500(2)(a)1
1026 500(2)(b)CATEGORY C SYSTEMS -
UST SYSTEMS
INSTALLED ACCORDING TO REFERENCE
STANDARDS - NFPA 30; NFPA 30A; API 1615; PEI
100
B I $2000 failure to properly install a storage tank system 403.121(3)(g)28 500(2)(a)2
1027 500(2)(c)CATEGORY C SYSTEMS -
UST SYSTEMS
WORK NOT PERFORMED BY A CERTIFIED
CONTRACTOR
N R $2000 failure to properly install a storage tank system 403.121(3)(g)29 500(2)(a)3
1028 500(2)(d)CATEGORY C SYSTEMS -
UST SYSTEMS
TANK AND INTEGRAL PIPING NOT TESTED
PROPERLY (TIGHTNESS OR APPROVED TEST
METHOD)
N I $2000 failure to properly install a storage tank system 403.121(3)(g)30 500(2)(a)4
1029 500(3)CATEGORY C SYSTEMS -
UST SYSTEMS
TANK NOT CONSTRUCTED TO STANDARDS, OR
APPROVED PER 62-761.850(2)
N I $2000 failure to properly install a storage tank system 403.121(3)(g)31 500(2)(b)
1030 500(4)CATEGORY C SYSTEMS -
UST SYSTEMS
NOT INSTALLED WITH SECONDARY
CONTAINMENT
B I $2000 failure to properly install a storage tank system 403.121(3)(g)32 500(2)(c)
1031 500(5)CATEGORY C SYSTEMS -
UST SYSTEMS
UST NOT PROVIDED WITH OVERFILL
PROTECTION
B I $2000 failure to properly install a storage tank system 403.121(3)(g)33 500(2)(d)
1032 500(5)(a)CATEGORY C SYSTEMS -
UST SYSTEMS
FILLBOX COVERS NOT MARKED ACCORDING TO
API RP 1637, OR EQUIVALENT METHOD
N I $500 failure to comply with other departmental requirement 403.121(5)34 500(2)(d)1
1033 500(5)(b)CATEGORY C SYSTEMS -
UST SYSTEMS
FAILURE TO PROVIDE OVERFILL THAT SHUTS
OFF/RESTRICTS FLOW OR TRIGGERS ALARM
B I $2000 failure to properly install a storage tank system 403.121(3)(g)35 500(2)(d)2
1034 500(6)CATEGORY C SYSTEMS -
UST SYSTEMS
DISPENSER LINERS NOT INSTALLED, TESTED
AND ALLOW FOR INTERSTITIAL MONITORING
B I $2000 failure to properly install a storage tank system 403.121(3)(g)36 500(2)(e)
1035 500(7)CATEGORY C SYSTEMS -
UST SYSTEMS
PIPING SUMPS NOT INSTALLED, TESTED AND
ALLOW FOR INTERSTITIAL MONITORING
B I $2000 failure to properly install a storage tank system 403.121(3)(g)38 500(2)(f)
1036 500(8)(a)1,2 CATEGORY C SYSTEMS -
INTEGRAL PIPING
NOT INSTALLED ACCORDING TO REFERENCE
STANDARDS - NFPA30, 30A, ASME B31.4, AND
MANUFACTURER'S INSTRUCTIONS
B I $2000 failure to properly install a storage tank system 403.121(3)(g)57 500(4)(a)1,2
1037 500(8)(a)3 CATEGORY C SYSTEMS -
INTEGRAL PIPING
BULK PRODUCT UST PIPING NOT
APPROPRIATELY TESTED BEFORE PLACED IN
SERVICE
N I $2000 failure to properly install a storage tank system 403.121(3)(g)58 500(4)(a)3
1038 500(8)(a)4 CATEGORY C SYSTEMS -
INTEGRAL PIPING
NEW PIPING NOT IN CONTACT WITH SOIL NOT
INSTALLED TO STANDARDS
B I $2000 failure to properly install a storage tank system 403.121(3)(g)500(4)(a)4
1039 500(8)(b)CATEGORY C SYSTEMS -
INTEGRAL PIPING
PIPING NOT MEETING REFERENCE STANDARDS
AND / OR APPROVED PER 62-761.850(2)
B R $2000 failure to properly install a storage tank system 403.121(3)(g)59 500(4)(b)
1040 500(8)(c)1 CATEGORY C SYSTEMS -
INTEGRAL PIPING
SMALL DIAMETER PIPING PRESSURIZED: SHEAR,
EMERGENCY SHUTOFF VALVES NOT PROPERLY
INSTALLED
N I $2000 failure to properly install a storage tank system 403.121(3)(g)60 500(4)(c)1
1041 500(8)(c)2 CATEGORY C SYSTEMS -
INTEGRAL PIPING
SMALL DIAMETER PIPING WITH GRAVITY-HEAD:
ISOLATION VALVES NOT PROPERLY INSTALLED
AND NOT MEETING NFPA 30A SECTION 2-1.7
N I $2000 failure to properly install a storage tank system 403.121(3)(g)61 500(4)(c)2
1042 500(8)(d)CATEGORY C SYSTEMS -
INTEGRAL PIPING
BULK PRODUCT PIPING NOT INSTALLED
ACCORDING TO REFERENCE STANDARDS - NFPA
30, 30A, ASME B31.4
B I $2000 failure to properly install a storage tank system 403.121(3)(g)62 500(4)(d)
1043 500(8)(e)1 CATEGORY C SYSTEMS -
INTEGRAL PIPING
PIPING IN SOIL OR OVER WATER DOES NOT
HAVE SECONDARY CONTAINMENT
B I $2000 failure to properly install a storage tank system 403.121(3)(g)63 500(4)(e)1
1044 500(8)(e)2,3 CATEGORY C SYSTEMS -
INTEGRAL PIPING
BULK PRODUCT AND REMOTE FILL PIPING IN
SOIL DOES NOT HAVE SECONDARY
CONTAINMENT
B I $2000 failure to properly install a storage tank system 403.121(3)(g)64 500(4)(e)2,3
UST - 2 of 38 Page 4758 of 9661
Viol #UST Cite Category New Violation text SigReEvELRA penalty amount
403.121
FS cite 98-04 Violation ID98-04 Cite
1045 501(1)(f)1 CATEGORY C SYSTEMS -
GENERAL PERFORMANCE
CATHODIC PROTECTION TEST
STATION/MONITORING METHOD NOT DESIGNED
AND INSTALLED PROPERLY
N I $1000 failure to properly operate, maintain, close storage tank system
$2000 failure to properly install a storage tank system
403.121(3)(g)22 500(1)(f)1& 3
1046 501(1)(f)3 CATEGORY C SYSTEMS -
GENERAL PERFORMANCE
CATHODIC PROTECTION NOT DESIGNED BY
CORROSION PROFESSIONAL
N I $1000 failure to properly operate, maintain, close storage tank system
$2000 failure to properly install a storage tank system
403.121(3)(g)22 500(1)(f)1& 3
1047 510(1)(b)1 CATEGORY A/B SYSTEMS -
GENERAL PERFORMANCE
SHEAR OR EMERGENCY SHUTOFF VALVES NOT
INSTALLED BY 12/31/1998
B I $3000 failure to timely upgrade a storage tank system 403.121(3)(g)65 510(1)(b)1
1048 510(1)(b)2 CATEGORY A/B SYSTEMS -
GENERAL PERFORMANCE
NO CATHODIC PROTECTION TEST STATION
METHOD BY 12/31/1998
N I $3000 failure to timely upgrade a storage tank system 403.121(3)(g)66 510(1)(b)2
1049 510(1)(b)3 CATEGORY A/B SYSTEMS -
GENERAL PERFORMANCE
FILL BOXES COLOR-NOT CODED BY 12/31/1998 N I $500 failure to comply with other departmental requirement 403.121(5)67 510(1)(b)3
1050 510(1)(b)4 CATEGORY A/B SYSTEMS -
GENERAL PERFORMANCE
AST'S REINSTALLED AS UST'S NOT MEETING
RULE BY 12/31/1998
N R $3000 failure to timely upgrade a storage tank system 403.121(3)(g)68 510(1)(b)4
1051 510(1)(c)CATEGORY A/B SYSTEMS -
GENERAL PERFORMANCE
NO CLOSURE ASSESSMENT PRIOR TO TANK
SYSTEM COMPONENT UPGRADE
B R $2000 failure to conduct required monitoring or testing 403.121(4)(d)69 510(1)(c)
1052 510(1)(d)CATEGORY A/B SYSTEMS -
GENERAL PERFORMANCE
NO VALVES MEETING NFPA 30A STANDARDS
INSTALLED FOR PIPING SYSTEMS WITH GRAVITY
HEAD
N I $3000 failure to timely upgrade a storage tank system 403.121(3)(g)70 510(1)(d)
1053 510(1)(e)CATEGORY A/B SYSTEMS -
GENERAL PERFORMANCE
NO SECONDARY CONTAINMENT FOR PIPE OVER
WATER BY 12/31/2004
B I $3000 failure to timely upgrade a storage tank system 403.121(3)(g)71 510(1)(e)
1054 510(3)(a)CATEGORY A/B SYSTEMS -
UST SYSTEMS
CATEGORY B USTS NOT INSTALLED WITH
SECONDARY CONTAINMENT
A I $3000 failure to timely upgrade a storage tank system 403.121(3)(g)73 510(2)(b)1
1055 510(3)(b)CATEGORY A/B SYSTEMS -
UST SYSTEMS
HAZARDOUS SUBSTANCE USTS INSTALLED
AFTER 1/1/1991 DOES NOT HAVE SECONDARY
CONTAINMENT
A I $3000 failure to timely upgrade a storage tank system 403.121(3)(g)74 510(2)(b)2
1056 510(4)CATEGORY A/B SYSTEMS -
UST SYSTEMS
PIPING NOT INSTALLED WITH SECONDARY
CONTAINMENT AFTER 12/31/1990
A I $3000 failure to timely upgrade a storage tank system 403.121(3)(g)75 510(2)(c)
1057 510(5)CATEGORY A/B SYSTEMS -
UST SYSTEMS
ALL SYSTEMS NOT MEETING REQUIREMENTS OF
TABLE UST
A I $3000 failure to timely upgrade a storage tank system 403.121(3)(g)76 510(2)(d)
1058 600(1)(a)1 RELEASE DETECTION -
GENERAL
CANNOT DETECT A NEW RELEASE FROM ANY
PORTION OF THE SYSTEM
N I $2000 failure to conduct or maintain required release detection 403.121(3)(g)81 600(1)(a)1
1059 600(1)(a)2 RELEASE DETECTION -
GENERAL
NOT INSTALLED, CALIBRATED, OPERATED PER
MANUFACTURER'S SPECIFICATIONS
N I $1000 failure to properly operate or maintain storage tank system
$2000 - failure to properly install a storage tank system
403.121(3)(g)82 600(1)(a)2
1060 600(1)(a)3 RELEASE DETECTION -
GENERAL
NOT MEETING PERFORMANCE STANDARDS; NOR
ALL MANUFACTURER'S CLAIMS RETAINED
N R $500 failure to submit or maintain required documentation
$2000 failure to maintain required release detection
403.121(4)(f)
403.121(3)(g)
83 600(1)(a)3
1061 600(1)(c)RELEASE DETECTION -
GENERAL
RELEASE DETECTION METHOD NOT PROVIDED
UPON INSTALLATION
N R $2000 failure to properly install a storage tank system 403.121(3)(g)85 600(1)(c)
1062 600(1)(d)RELEASE DETECTION -
GENERAL
RELEASE DETECTION NOT PERFORMED AT
LEAST ONCE A MONTH
B R $2000 failure to conduct required release detection 403.121(3)(g)86 600(1)(d)
1063 600(1)(e)RELEASE DETECTION -
GENERAL
CONTINUOUS ELECTRONIC LEAK DETECTION
NOT INSPECTED MONTHLY
N R $2000 failure to conduct or maintain required release detection 403.121(3)(g)87 600(1)(e)
1064 600(1)(f)RELEASE DETECTION -
GENERAL
SITE SUITABILITY DETERMINATION NOT
PERFORMED BY 12/31/1998
B R $2000 failure to maintain required release detection 403.121(3)(g)88 600(1)(f)
1065 600(1)(g)RELEASE DETECTION -
GENERAL
VAPOR MONITORING PLANS NOT IN PLACE BY
12/31/1998
B R $2000 failure to maintain required release detection 403.121(3)(g)89 600(1)(g)
1066 600(1)(h)RELEASE DETECTION -
GENERAL
NO INTERSTITIAL MONITORING FOR SECONDARY
CONTAINMENT
B I $2000 failure to conduct or maintain required release detection 403.121(3)(g)90 600(1)(h)
1067 600(1)(i)RELEASE DETECTION -
GENERAL
LINE LEAK DETECTOR NOT PROVIDED FOR
PRESSURIZED PIPING
B I $2000 failure to conduct or maintain required release detection 403.121(3)(g)91 600(1)(i)
UST - 3 of 38 Page 4759 of 9661
Viol #UST Cite Category New Violation text SigReEvELRA penalty amount
403.121
FS cite 98-04 Violation ID98-04 Cite
1068 600(1)(j)RELEASE DETECTION -
GENERAL
STORAGE TANK SYSTEM WITHOUT RELEASE
DETECTION BY DUE DATE NOT PERMANENTLY
CLOSED
B I $2000 failure to conduct or maintain required release detection 403.121(3)(g)91 600(1)(i)
1069 600(1)(k)RELEASE DETECTION -
GENERAL
MONITORING WELLS NO LONGER USED FOR
RELEASE DETECTION NOT CLOSED
N I $500 failure to comply with other departmental requirement 403.121(5)92 600(1)(k)
1070 600(2)RELEASE DETECTION - UST
SYSTEMS
RELEASE DETECTION NOT PROVIDED
ACCORDING TO TABLE RD
A I $2000 failure to conduct or maintain required release detection 403.121(3)(g)93 600(2)(a)
1071 600(3)RELEASE DETECTION - UST
SYSTEMS
GROUNDWATER MONITORING PLANS OR SPCC
PLANS BEFORE 12/22/90 DO NOT MEET 62-
761.640(1)(A)
N R $2000 failure to maintain required release detection 403.121(3)(g)94 600(2)(b)
1072 600(5)RELEASE DETECTION - UST
SYSTEMS
MONITORING WELLS NOT MEETING 62-761.640(2)
BY 12/31/1998
N R $2000 failure to maintain required release detection 403.121(3)(g)95 600(2)(d)
1073 610(1)(a)RELEASE DETECTION -
GENERAL
CATEGORIES A & B NO RELEASE DETECTION,
AND RD NOT MEETING STANDARDS
B I $2000 failure to maintain required release detection 403.121(3)(g)103 610(1)(a)
1074 610(1)(b)RELEASE DETECTION -
GENERAL
CATEGORY C RELEASE DETECTION IS NOT:
INTERSTITIAL MONITORING FOR SECONDARY-
CONTAINED TANKS, ALL PIPING; LINE LEAK
DETECTOR FOR PRESSURIZED PIPING;
CONTINUOUS INTERSTITIAL MONITORING WITH
PUMP SHUTOFF FOR SECONDARY-CONTAINED
PRESSURIZED PIPING.
A I $2000 failure to maintain required release detection 403.121(3)(g)104 610(1)(b)
1075 610(2)RELEASE DETECTION - UST
SYSTEMS
CATEGORY A & B SYSTEMS DO NOT HAVE
RELEASE DETECTION METHOD
A I $2000 failure to maintain required release detection 403.121(3)(g)106 610(2)
1076 610(3)(a)1 RELEASE DETECTION -
SMALL DIAMETER PIPING
SINGLE WALLED SUCTION PIPING DOES NOT
HAVE ANNUAL LINE TEST OR 62-761.640(2)
METHOD
B N $2000 failure to conduct required release detection 403.121(3)(g)109 610(4)(a)1
1077 610(3)(a)2 RELEASE DETECTION -
SMALL DIAMETER PIPING
SINGLE WALLED PRESSURIZED PIPING DOES
NOT HAVE MECHANICAL LEAK DETECTORS /
ANNUAL TIGHTNESS TEST, OR ELECTRONIC
LEAK DETECTOR
B I $2000 failure to maintain required release detection 403.121(3)(g)110 610(4)(a)2
1078 610(3)(b)RELEASE DETECTION -
SMALL DIAMETER PIPING
ABOVEGROUND PIPING NOT VISUALLY
INSPECTED
B N $2000 failure to conduct required release detection 403.121(3)(g)111 610(4)(b)
1079 610(3)(c)RELEASE DETECTION -
SMALL DIAMETER PIPING
SECONDARY-CONTAINED PIPING IN CONTACT
WITH SOIL DOES NOT HAVE: INTERSTITIAL
MONITORING, LINE LEAK DETECTOR IF
APPLICABLE, AND A BREACH OF INTEGRITY
TESTING METHOD
N I $2000 failure to maintain required release detection 403.121(3)(g)112 610(4)(c)
1080 640(1)(a)RELEASE DETECTION -
GENERAL
DEVICE DOES NOT MEET GENERAL STANDARDS;
CANNOT DETECT 0.2 GAL/HR OR 150 GALLON
RELEASE WITHIN 30 DAYS, WITH 0.95 DETECTION
PROBABILITY AND 0.05 FALSE ALARM
PROBABILITY
N R $2000 failure to maintain required release detection 403.121(3)(g)116 640(1)(a)
1081 640(1)(b)RELEASE DETECTION -
GENERAL
RELEASE DETECTION METHOD HAS NO DEP
EQUIPMENT APPROVAL IN ACCORDANCE WITH
62-761.850(2)
N R $500 failure to prepare, submit, maintain, or use required documentation 403.121(4)(f)117 640(1)(b)
1082 640(1)(c)RELEASE DETECTION -
GENERAL
NO RELEASE DETECTION RESPONSE LEVEL
DESCRIBED IN WRITING
N R $500 failure to prepare, submit, maintain, or use required documentation 403.121(4)(f)118 640(1)(c)
1083 640(2)(a)RELEASE DETECTION -
EXTERNAL
MONITORING WELL CONSTRUCTION STANDARDS
NOT MET
N I $2000 failure to maintain required release detection 403.121(3)(g)119 640(2)(a)
1084 640(2)(c)2 RELEASE DETECTION -
EXTERNAL
FREE PRODUCT OR SHEEN PRESENT IN WELLS N I $2000 failure to maintain required release detection 403.121(3)(g)120 640(2)(c)2
1085 640(2)(c)3 RELEASE DETECTION -
EXTERNAL
ANOTHER METHOD NOT USED WHEN < 1' OF
WATER IN WELL OR WATER ABOVE SLOTS
N I $2000 failure to maintain required release detection 403.121(3)(g)121 640(2)(c)3
1086 640(2)(c)4 RELEASE DETECTION -
EXTERNAL
MONITORING WELL RECORDS DO NOT MEET
RECORDING REQUIREMENTS
N R $500 failure to prepare, submit, maintain, or use required documentation 403.121(4)(f)122 640(2)(c)4
UST - 4 of 38 Page 4760 of 9661
Viol #UST Cite Category New Violation text SigReEvELRA penalty amount
403.121
FS cite 98-04 Violation ID98-04 Cite
1087 640(2)(d)2 RELEASE DETECTION -
EXTERNAL
VAPOR MONITORING WELLS RENDERED
INOPERATIVE
N I $2000 failure to maintain required release detection 403.121(3)(g)123 640(2)(d)2
1088 640(2)(d)3 RELEASE DETECTION -
EXTERNAL
RELEASE DETECTION EQUIPMENT CANNOT
DETECT APPROPRIATE CONTAMINANT LEVELS IN
PARTS PER MILLION UNITS (PPM)
N R $2000 failure to maintain required release detection 403.121(3)(g)124 640(2)(d)3
1089 640(2)(d)4 RELEASE DETECTION -
EXTERNAL
VAPOR MONITORING USED WHERE EXISTING
CONTAMINATION INTERFERES
N R $2000 failure to conduct or maintain required release detection 403.121(3)(g)125 640(2)(d)4
1090 640(2)(d)5 RELEASE DETECTION -
EXTERNAL
VAPOR MONITORING PLAN NOT DEVELOPED AND
IMPLEMENTED ACCORDING TO GUIDELINES
N N $2000 failure to conduct or maintain required release detection 403.121(3)(g)126 640(2)(d)5
1091 640(2)(e)RELEASE DETECTION -
EXTERNAL
PROBLEMS FOUND DURING VISUAL
INSPECTIONS NOT NOTED
N I $500 failure to prepare, submit, maintain required documentation 403.121(4)(f)127 640(2)(e)
1092 640(3)(a)1 RELEASE DETECTION -
INTERNAL
INTERSTITIAL MONITORING OF SECONDARY-
CONTAINED SYSTEMS WITH NON-APPROVED
METHOD
N R $2000 failure to conduct or maintain required release detection 403.121(3)(g)128 640(3)(a)1
1093 640(3)(a)3 RELEASE DETECTION -
INTERNAL
DOES NOT MEET VACUUM MONITORING
REQUIREMENTS
N R $2000 failure to maintain required release detection 403.121(3)(g)130 640(3)(a)3
1094 640(3)(a)4 RELEASE DETECTION -
INTERNAL
DOES NOT MEET INTERSTITIAL MONITORING
REQUIREMENTS FOR LINER SYSTEMS
N I $2000 failure to maintain required release detection 403.121(3)(g)131 640(3)(a)4
1095 640(3)(b)RELEASE DETECTION -
INTERNAL
INVENTORY CONTROL NOT MAINTAINED FOR
SINGLE-WALLED VEHICULAR SYSTEMS
N R $2000 failure to conduct required release detection 403.121(3)(g)132 640(3)(b)
1096 640(3)(b)3 RELEASE DETECTION -
INTERNAL
WATER FLUCTUATIONS > 1.0" NOT
INVESTIGATED, SYSTEM NOT TESTED
N I $2000 failure to conduct or maintain required release detection 403.121(3)(g)133 640(3)(b)3
1097 640(3)(b)4 RELEASE DETECTION -
INTERNAL
INVENTORY CONTROL PERFORMED FOR
SYSTEMS >30,000 GALLONS
N R $2000 failure to conduct required release detection 403.121(3)(g)134 640(3)(b)4
1098 640(3)(c)RELEASE DETECTION -
INTERNAL
MANUAL TANK GAUGING DOES NOT MEET
REQUIREMENTS
N R $2000 failure to maintain required release detection 403.121(3)(g)135 640(3)(c)1
1099 640(3)(d)RELEASE DETECTION -
INTERNAL
ATG SYSTEM NOT IN TEST MODE EVERY 30 DAYS
NOR OPERATED CONTINUOUSLY
N R $2000 failure to conduct required release detection 403.121(3)(g)136 640(3)(c)2
1100 640(3)(e)RELEASE DETECTION -
INTERNAL
MONTHLY SIR ANALYSES NOT PROVIDING: LEAK
THRESHOLD, MINIMUM DETECTABLE LEAK RATE,
CALCULATED LEAK RATE, AND A RESULT
DETERMINATION
N R $2000 failure to conduct or maintain required release detection 403.121(3)(g)137 640(3)(c)3
1101 640(3)(e)9 RELEASE DETECTION -
INTERNAL
MONTHLY SIR EVALUATIONS NOT RECORDED ON
FORM 900(7) OR EQUIVALENT
N R $500 failure to prepare, submit, maintain, or use required documentation 403.121(4)(f)140 640(3)(c)3i
1102 640(3)(f)RELEASE DETECTION -
INTERNAL
TIGHTNESS TESTING OPERATIONAL
REQUIREMENTS NOT MET WHEN USED AS
RELEASE DETECTION (TIGHTNESS TESTING NOT
MEET STANDARDS)
N R $2000 failure to conduct or maintain required release detection 403.121(3)(g)141 640(3)(c)4
1103 640(4)(a)RELEASE DETECTION -
SMALL DIAMETER PIPING
UST LINE LEAK DETECTOR CANNOT DETECT 3.0
GPH DISCHARGE, NOT TESTED ANNUALLY
N R $2000 failure to maintain required release detection 403.121(3)(g)142 640(3)(d)
1104 640(4)(a)5 RELEASE DETECTION -
SMALL DIAMETER PIPING
CONTINUOUSLY OPERATING INTERSTITIAL
MONITOR CANNOT DETECT 10 GALLONS OF
PRODUCT WITHIN HOUR AND SHUT OFF PUMP
N R $2000 failure to maintain required release detection 403.121(3)(g)143 640(3)(d)1e
1105 700(1)(a)1 REPAIRS OPERATION &
MAINTENANCE - GENERAL
NOT REPAIRED COMPONENT WHICH HAS OR
COULD CAUSE A DISCHARGE
N I $1000 failure to properly operate, maintain, close storage tank system 403.121(3)(g)144 700(1)(a)1
1106 700(1)(a)2 REPAIRS OPERATION &
MAINTENANCE - GENERAL
NOT TAKEN OUT OF OPERATION UNTIL REPAIR IS
MADE
B I $5000 failure to empty a damaged storage system as necessary to ensure that
a release does not occur until repairs to the storage system are completed
403.121(3)(g)145 700(1)(a)2
1107 700(1)(a)3 REPAIRS OPERATION &
MAINTENANCE - GENERAL
NOT REPAIRED PER NFPA 30 OR OTHER
APPLICABLE STANDARDS
N I $1000 failure to properly operate, maintain, close storage tank system 403.121(3)(g)146 700(1)(a)3
1108 700(1)(a)4 REPAIRS OPERATION &
MAINTENANCE - GENERAL
REPAIRED COMPONENTS NOT TESTED AS
APPLICABLE
N I $1000 failure to properly operate, maintain, close storage tank system 403.121(3)(g)147 700(1)(a)4
1109 700(1)(a)5 REPAIRS OPERATION &
MAINTENANCE - GENERAL
REPAIRS TO TANKS NOT MADE BY AUTHORIZED
REPRESENTATIVE
N I $1000 failure to properly operate, maintain, close storage tank system 403.121(3)(g)148 700(1)(a)5
1110 700(1)(a)6 REPAIRS OPERATION &
MAINTENANCE - GENERAL
PIPING THAT IS DAMAGED OR HAS DISCHARGED
IS NOT REPLACED
N I $1000 failure to properly operate, maintain, close storage tank system 403.121(3)(g)149 700(1)(a)6
UST - 5 of 38 Page 4761 of 9661
Viol #UST Cite Category New Violation text SigReEvELRA penalty amount
403.121
FS cite 98-04 Violation ID98-04 Cite
1111 700(1)(b)1 REPAIRS OPERATION &
MAINTENANCE - CP
NOT OPERATED AND MAINTAINED TO PROVIDE
CONTINUOUS PROTECTION
N I $1000 failure to properly operate, maintain, close storage tank system 403.121(3)(g)150 700(1)(b)1
1112 700(1)(b)2a REPAIRS OPERATION &
MAINTENANCE - CP
NOT INSPECTED 6 MONTHS AFTER
INSTALLATION OR REPAIR AND ANNUALLY/3
YEARS
N I $1000 failure to properly operate, maintain, close storage tank system 403.121(3)(g)151 700(1)(b)2a
1113 700(1)(b)2b REPAIRS OPERATION &
MAINTENANCE - CP
IMPRESSED CURRENT SYSTEM NOT INSPECTED
EVERY TWO MONTHS
N R $1000 failure to properly operate, maintain, close storage tank system 403.121(3)(g)152 700(1)(b)2b
1114 700(1)(b)3 REPAIRS OPERATION &
MAINTENANCE - CP
SYSTEMS THAT DO NOT MEET REQUIREMENTS
NOT REPAIRED/TAKEN OUT OF SERVICE
N I $1000 failure to properly operate, maintain, close storage tank system 403.121(3)(g)153 700(1)(b)3
1115 700(1)(c)1 REPAIRS OPERATION &
MAINTENANCE - O & M
SPILL CONTAINMENT, DISPENSER LINERS AND
PIPING SUMPS ACCESSIBLE; WATER AND
REGULATED SUBSTANCES NOT REMOVED
N I $1000 failure to properly operate, maintain, close storage tank system 403.121(3)(g)155 700(1)(c)1
1116 700(1)(c)2 REPAIRS OPERATION &
MAINTENANCE - O & M
NOT ENSURED VOLUME AVAILABLE IN TANK IS
GREATER THAN THE VOLUME TRANSFERRED
AND/OR FAILURE TO MONITOR DURING
PRODUCT TRANSFER OPERATION
N R $1000 failure to properly operate, maintain, close storage tank system 403.121(3)(g)156 700(1)(c)2
1117 700(1)(c)3 REPAIRS OPERATION &
MAINTENANCE - O & M
RELEASE DETECTION DEVICES NOT TESTED
ANNUALLY
N R $1000 failure to properly operate, maintain, close storage tank system 403.121(3)(g)157 700(1)(c)3
1118 700(1)(c)5 REPAIRS OPERATION &
MAINTENANCE - O & M
INVENTORY CONTROL FOR VEHICULAR FUEL
TANKS WITHOUT SECONDARY CONTAINMENT
NOT USED
N R $500 failure to prepare, submit, maintain, or use required documentation
$2000 failure to conduct or maintain required release detection
403.121(4)(f)
403.121(3)(G)
158 700(1)(c)6
1119 700(3)REPAIRS OPERATION &
MAINTENANCE - UST
SYSTEMS
NOT TESTED BEFORE PLACING BACK INTO
SERVICE (TIGHTNESS/OTHER APPROVED
METHOD)
N R $1000 failure to properly operate, maintain, close storage tank system 403.121(3)(g)159 700(2)(b)
1120 700(4)REPAIRS OPERATION &
MAINTENANCE - UST
SYSTEMS
TANK NOT REPAIRED BY LINING PER API 1631,
NOT INSPECTED PER NLPA 631 CH. B, AND
CATHODIC PROTECTION NOT INSTALLED
PROPERLY, NOT TESTED IN STATED TIME
FRAMES
N R $1000 failure to properly operate, maintain, close storage tank system 403.121(3)(g)160 700(2)(c)
1121 700(6)REPAIRS OPERATION &
MAINTENANCE - UST
SYSTEMS
TANK UPGRADED WITH INTERNAL LINING
INSPECTED AND TIGHTNESS TESTED 10/5 YEARS
N R $1000 failure to properly operate, maintain, close storage tank system 403.121(3)(g)161 700(2)(e)
1122 710(1)RECORD KEEPING PERMANENT RECORDS NOT AVAILABLE WITHIN 5
WORKING DAYS NOTICE; NO REASONABLE
FACILITY ACCESS
N N $500 failure to prepare or maintain required documentation 403.121(4)(f)170 710(1)
1123 710(2)RECORD KEEPING RECORDS REQUIRING 2-YEAR DOCUMENTATION
PERIOD NOT KEPT BY FACILITY
N N $500 failure to prepare or maintain required documentation 403.121(4)(f)171 710(2)
1124 710(3)RECORD KEEPING RECORDS REQUIRED FOR LIFE OF SYSTEM NOT
KEPT BY FACILITY
N N $500 failure to prepare or maintain required documentation 403.121(4)(f)172 710(3)
1125 800(1)(a)1 OUT OF SERVICE -
GENERAL
REQUIREMENTS NOT MET FOR OUT OF SERVICE
SYSTEMS
N I $1000 failure to properly operate, maintain, close storage tank system 403.121(3)(g)174 800(2)(a)1
1126 800(1)(a)2, 4 OUT OF SERVICE -
GENERAL
UPGRADES AND TESTING NOT PERFORMED
BEFORE RETURNING SYSTEM TO SERVICE
N I $1000 failure to properly operate or maintain storage tank system
$3000 failure to timely upgrade a storage tank system
403.121(3)(g)175 800(2)(a)2, 4
1127 800(1)(b)1 OUT OF SERVICE - UST
SYSTEMS
NO TIGHTNESS/BREACH OF INTEGRITY TEST
BEFORE RETURNING TO SERVICE
N I $1000 failure to properly operate, maintain, close storage tank system 403.121(3)(g)176 800(2)(b)1
1128 800(1)(b)2 OUT OF SERVICE - UST
SYSTEMS
SYSTEM OUT OF SERVICE LONGER THAN
ALLOWED TIME LIMIT
N I $1000 failure to properly operate, maintain, close storage tank system 403.121(3)(g)177 800(2)(b)2
1129 800(2)(a)1a CLOSURE - GENERAL LIQUIDS AND SLUDGE NOT REMOVED FROM
TANK(S)
N I $1000 failure to properly operate, maintain, close storage tank system 403.121(3)(g)182 800(3)(a)1a
1130 800(2)(a)1b CLOSURE - GENERAL INTEGRAL PIPING NOT PROPERLY CLOSED,
MANWAYS NOT SECURED
N I $1000 failure to properly operate, maintain, close storage tank system 403.121(3)(g)183 800(3)(a)1b
1131 800(2)(a)3 CLOSURE - GENERAL MONITORING WELLS NOT CLOSED UPON
SYSTEM CLOSURE
N I $1000 failure to properly operate, maintain, close storage tank system 403.121(3)(g)184 800(3)(a)3
1132 800(2)(b)1 CLOSURE - ASSESSMENT UNMAINTAINED USTS NOT PROPERLY CLOSED
WITHIN 90 DAYS OF DISCOVERY
B I $1000 failure to properly operate, maintain, close storage tank system 403.121(3)(g)187 800(3)(b)1
UST - 6 of 38 Page 4762 of 9661
Viol #UST Cite Category New Violation text SigReEvELRA penalty amount
403.121
FS cite 98-04 Violation ID98-04 Cite
1133 800(2)(c)2a CLOSURE - UST SYSTEMS CLOSURE NOT PERFORMED ACCORDING TO API
RP 1604 CHAPTER 1,3,4,5,7-PERMANENT
CLOSURE REQUIREMENTS, STORAGE, DISPOSAL
AND ACCORDING TO NFPA 30 APPENDIX C
N R $1000 failure to properly operate, maintain, close storage tank system 403.121(3)(g)189 800(3)(b)2a
1134 800(2)(c)2b CLOSURE - UST SYSTEMS NOT PROPERLY CLOSED IN PLACE NOR
CERTIFIED CONTRACTOR PERFORMED TANK
REMOVAL(S)
N I $1000 failure to properly operate, maintain, close storage tank system 403.121(3)(g)190 800(3)(b)2b
1135 800(3)(a)&(b)CLOSURE - ASSESSMENT CLOSURE ASSESSMENT REQUIRED AND NOT
PERFORMED
N R $1000 failure to properly operate, maintain, close storage tank system 403.121(3)(g)185 800(4)(a)&(b)
1136 800(3)(c)CLOSURE - ASSESSMENT SAMPLING NOT IN ACCORDANCE WITH APRIL,
1998 "STORAGE TANK SYSTEM CLOSURE
ASSESSMENT REQUIREMENTS"
N R $1000 failure to properly operate, maintain, close storage tank system 403.121(3)(g)186 800(4)(c)
1137 800(3)(d)CLOSURE - ASSESSMENT CLOSURE ASSESSMENT NOT SUBMITTED WITHIN
60 DAYS
B N $500 failure to prepare, submit, maintain, or use required documentation 403.121(4)(f)196 800(4)(d)
1138 820(1)(a),(b),(
c)
DISCHARGE RESPONSE INCIDENT NOT PROMPTLY INVESTIGATED N N $2000 - failure to timely investigate a suspected release 403.121(3)(g)197 820(1)(a),(b),(c)
1139 820(1)(d)DISCHARGE RESPONSE SPILL OR LOSS OF REGULATED SUBSTANCE
INTO SECONDARY CONTAINMENT NOT REMOVED
WITHIN THREE DAYS OF DISCOVERY
N N $1000 failure to properly operate, maintain, close storage tank system 403.121(3)(g)198 820(1)(d)
1140 820(2)(a)DISCHARGE RESPONSE ACTIONS NOT TAKEN IMMEDIATELY TO CONTAIN,
REMOVE AND ABATE THE DISCHARGE; FREE
PRODUCT PRESENT NOT BEING REMOVED
N R $5000 failure to empty a damaged storage system as necessary to ensure that
a release does not occur until repairs are completed; failure to timely recover
free product
403.121(3)(g)199 820(2)(a)
1141 820(2)(b)1 DISCHARGE RESPONSE UNKNOWN DISCHARGE SOURCE NOT
INVESTIGATED PER NFPA 329 CH. 3 & 5
N R $2000 - failure to timely investigate a suspected release 403.121(3)(g)200 820(2)(b)1
1142 820(2)(b)2 DISCHARGE RESPONSE REGULATED SUBSTANCE NOT REMOVED FROM
SYSTEM TO PREVENT FURTHER DISCHARGE TO
THE ENVIRONMENT
N R $5000 failure to empty a damaged storage system as necessary to ensure that
a release does not occur until repairs to the storage system are completed
403.121(3)(g)201 820(2)(b)2
1143 820(2)(b)3 DISCHARGE RESPONSE FIRE, EXPLOSION, AND VAPOR HAZARDS NOT
IDENTIFIED AND MITIGATED
N R $500 failure to comply with any other departmental regulatory statute or rule
requirement
403.121(5)202 820(2)(b)3
1144 820(2)(b)4 DISCHARGE RESPONSE SYSTEM NOT REPAIRED NOR CLOSED N R $1000 failure to properly operate, maintain, close storage tank system 403.121(3)(g)203 820(2)(b)4
1145 820(2)(c)DISCHARGE RESPONSE SYSTEM NOT TESTED UPON AGENCY
DETERMINATION OF DISCHARGE OR RELEASE
DETECTION ISSUE
N R $2000 failure to conduct required monitoring or testing 403.121(4)(d)204 820(2)(c)
1146 820(2)(d)1 DISCHARGE RESPONSE SYSTEM NOT TESTED WITHIN 3 DAYS TO
CONFIRM A DISCHARGE, IF NECESSARY
N R $2000 failure to conduct required monitoring or testing 403.121(4)(d)205 820(2)(d)1
1147 820(2)(d)2 DISCHARGE RESPONSE LEAKING SYSTEM NOT PLACED OUT OF SERVICE
WITHIN 3 DAYS OF DISCOVERY, UNTIL REPAIRED,
REPLACED, OR CLOSED
N R $5000 failure to empty a damaged storage system as necessary to ensure that
a release does not occur until repairs to the storage system are completed
403.121(3)(g)206 820(2)(d)2
1148 820(2)(e)DISCHARGE RESPONSE CONTAMINATED SOIL NOT EXCAVATED,
DISPOSED OF OR STOCKPILED, IS MANAGED IN
ACCORDANCE WITH CHAPTER 62-770, FAC
N R $2000 - failure to timely assess or remediate petroleum contamination (such as
failure to remove stockpiled soil after 30 / 60 / 90 days)
$5000 - when a release has occurred from that storage tank system (such as
spreading contamination from stockpiled soil)
403.121(3)(g)207 820(2)(e)
1149 850(1)EQUIPMENT
APPROVALS/ALTERNATE
PROCEDURES
FACILITY NOT IN COMPLIANCE WITH ALTERNATE
PROCEDURE
N R $1000 failure to properly operate, maintain, close storage tank system 403.121(3)(g)208 850(1)
1150 850(2)EQUIPMENT
APPROVALS/ALTERNATE
PROCEDURES
EQUIPMENT NOT APPROVED BY DEPARTMENT
BEFORE INSTALLATION OR USE
N R $500 failure to prepare, submit, maintain, use required documentation
$2000 - failure to properly install a storage tank system
403.121(4)(f)
403.121(3)(g)
209 850(2)
1151 62N-16 DISCHARGE PREVENTION
& RESPONSE
FACILITY OUT OF COMPLIANCE WITH
REQUIREMENTS OF CHAPTER 62-16N
N R 224 62N-16
* Violation Significance
Level
A - most severe violation; inspector will notify district mgmt
B - inspector will work with owner/operator for 90 days to achieve compliance
N - inspection results in Minor out-of-compliance if there are no other A/B violations detected during inspection
UST - 7 of 38 Page 4763 of 9661
Viol #UST Cite Category New Violation text SigReEvELRA penalty amount
403.121
FS cite 98-04 Violation ID98-04 Cite
* Re-evaluation type I - inspector will conduct a follow-up re-inspection to determine owner/operator's return to compliance
R - inspector may require submittal of missing records, and review them in the office without an additional site visit
N - violation is considered a 'timing' violation that cannot be corrected; inspector will issue a NonCompliance Letter detailing the infraction to owner/operator, and
UST - 8 of 38 Page 4764 of 9661
Vio #AST Cite Category New Violation text SigReEvELRA penalty amount
403.121
FS cite 98-04 Violation ID98-04 Cite
2001 401(1)(a)-(b)REGISTRATION SYSTEMS NOT REGISTERED N R $500 failure to comply with any other departmental regulatory statute
$1000 failure to submit required notification to the department
$2000 - depositing motor fuel into an unregistered storage tank system
403.121(5)
403.121(4)(e)
403.121(3)(g)
1 400(1)-(2)
2002 401(2)(a)1-5;
401(2)(b)
REGISTRATION REGISTRATION FEES NOT PAID N R $500 failure to comply with any other departmental regulatory statute
$1000 failure to submit required notification to the department
$2000 - depositing motor fuel into an unregistered storage tank system
403.121(5)
403.121(4)(e)
403.121(3)(g)
1 400(1)-(2)
2003 401(2)(a)6 REGISTRATION REGISTRATION PLACARD IS NOT DISPLAYED IN
PLAIN VIEW
N R $500 failure to prepare, submit, maintain, or use required documentation 403.121(4)(f)2 400(2)(a)6
2004 401(3)FINANCIAL
RESPONSIBILITY
NO FINANCIAL RESPONSIBILITY B R $5000 failure to satisfy financial responsibility requirements 403.121(4)(a)3 400(3)
2005 451(1)(a)1 NOTIFICATION &
REPORTING
30 DAY NOTIFICATION BEFORE INSTALLATION
OR UPGRADE NOT SUBMITTED
N N $1000 failure to submit required notification to the department 403.121(4)(e)4 450(1)(a)1
2006 451(1)(a)2 NOTIFICATION &
REPORTING
10 DAY NOTIFICATION BEFORE API 653
INSPECTION, CHANGE IN SERVICE STATUS,
CLOSURE, OR CLOSURE ASSESSMENT NOT
SUBMITTED
N N $1000 failure to submit required notification to the department 403.121(4)(e)5 450(1)(a)2
2007 451(1)(a)3 NOTIFICATION &
REPORTING
48 HOUR NOTIFICATION BEFORE
INSTALLATION/CLOSURE ACTIVITY, API 653
INSPECTION, CHANGE IN SERVICE STATUS, AND
TIGHTNESS TESTS NOT SUBMITTED
N N $1000 failure to submit required notification to the department 403.121(4)(e)6 450(1)(a)3
2008 451(1)(a)4 NOTIFICATION &
REPORTING
EMERGENCY OUT-OF-SERVICE NOTIFICATION
BEFORE NEXT BUSINESS DAY NOT SUBMITTED
N N $1000 failure to submit required notification to the department 403.121(4)(e)7 450(1)(a)4
2009 451(1)(b)NOTIFICATION &
REPORTING
REGISTRATION UPDATE AFTER CHANGE OF
OWNERSHIP, CLOSURE/UPGRADE, OR CHANGE
IN FINANCIAL RESPONSIBILITY NOT SUBMITTED
WITHIN 30 DAYS
N N $1000 failure to submit required notification to the department 403.121(4)(e)8 450(1)b
2010 451(2)NOTIFICATION &
REPORTING
INCIDENT NOT REPORTED WITHIN 24 HOURS OR
BY NEXT BUSINESS DAY
N N $1000 failure to submit required notification to the department 403.121(4)(e)9 450(2)(a)
2011 451(3)(a)NOTIFICATION &
REPORTING
DISCHARGE NOT REPORTED WITHIN 24 HOURS
OR BY NEXT BUSINESS DAY
B N $1000 failure to submit required notification to the department 403.121(4)(e)10 450(3)(a)
2012 451(3)(b)NOTIFICATION &
REPORTING
COPY OF ANALYTICAL OR FIELD TEST RESULTS
CONFIRMING DISCHARGE NOT SUBMITTED WITH
DRF
N R $500 failure to prepare, submit, maintain, or use required reports or other
required documentation
403.121(4)(f)11 450(3)(b)
2013 501(1)(a)CATEGORY C SYSTEMS -
GENERAL PERFORMANCE
SITING REQUIREMENTS NOT MET N I $2000 failure to properly install a storage tank system 403.121(3)(g)12 500(1)(a)
2014 501(1)(b)CATEGORY C SYSTEMS -
GENERAL PERFORMANCE
AST SYSTEM EXTERIOR COATING DOES NOT
MEET STANDARDS
N I $1000 failure to properly operate, maintain, close storage tank system
$2000 failure to properly install a storage tank system
403.121(3)(g)13 500(1)(b)
2015 501(1)(c)CATEGORY C SYSTEMS -
GENERAL PERFORMANCE
IMPERVIOUS SPILL CONTAINMENT NOT
INSTALLED OR DOES NOT MEET STANDARDS
B I $2000 failure to properly install a storage tank system 403.121(3)(g)14 500(1)(c)
2016 501(1)(d)CATEGORY C SYSTEMS -
GENERAL PERFORMANCE
DISPENSING SYSTEMS DO NOT MEET
STANDARDS
N I $1000 failure to properly operate, maintain, close storage tank system
$2000 failure to properly install a storage tank system
403.121(3)(g)15 500(1)(d)
2017 501(1)(e)1-2 CATEGORY C SYSTEMS -
GENERAL PERFORMANCE
SECONDARY CONTAINMENT/LINERS DOES NOT
MEET STANDARDS
B I $2000 failure to properly install a storage tank system 403.121(3)(g)16 500(1)(e)1,2
2018 501(1)(e)3 CATEGORY C SYSTEMS -
GENERAL PERFORMANCE
CONCRETE SECONDARY CONTAINMENT DOES
NOT MEET STANDARDS
B I $2000 failure to properly install a storage tank system 403.121(3)(g)17 500(1)(e)3
2019 501(1)(e)4 CATEGORY C SYSTEMS -
GENERAL PERFORMANCE
SECONDARY CONTAINMENT NOT PROPERLY
DESIGNED OR CONSTRUCTED FOR RELEASE
DETECTION, OR CATHODIC PROTECTION
N I $1000 failure to properly operate, maintain, close storage tank system
$2000 failure to properly install a storage tank system
403.121(3)(g)18 500(1)(e)4
2020 501(1)(e)5 CATEGORY C SYSTEMS -
GENERAL PERFORMANCE
FAILURE TO ALLOW FOR/PERFORM A BREACH
OF INTEGRITY TEST
N I $1000 failure to properly operate, maintain, close storage tank system
$2000 failure to properly install a storage tank system
403.121(3)(g)19 500(1)(e)5
2021 501(1)(e)6 CATEGORY C SYSTEMS -
GENERAL PERFORMANCE
FAILURE TO PROVIDE A MONITORING POINT
FOR SECONDARY CONTAINMENT
N I $1000 failure to properly operate, maintain, close storage tank system
$2000 failure to properly install a storage tank system
403.121(3)(g)20 500(1)(e)6
2022 501(1)(e)7 CATEGORY C SYSTEMS -
GENERAL PERFORMANCE
HYDRANT PIT SECONDARY CONTAINMENT
DOES NOT MEET STANDARDS
N I $1000 failure to properly operate, maintain, close storage tank system
$2000 failure to properly install a storage tank system
403.121(3)(g)21 500(1)(e)7
2023 501(1)(f)1 CATEGORY C SYSTEMS -
GENERAL PERFORMANCE
CATHODIC PROTECTION TEST
STATION/MONITORING METHOD NOT DESIGNED
AND INSTALLED PROPERLY
N I $1000 failure to properly operate, maintain, close storage tank system
$2000 failure to properly install a storage tank system
403.121(3)(g)22 500(1)(f)1& 3
GUIDANCE DOCUMENT A - VIOLATION LIST
AST - 9 of 38 Page 4765 of 9661
Vio #AST Cite Category New Violation text SigReEvELRA penalty amount
403.121
FS cite 98-04 Violation ID98-04 Cite
2024 501(1)(f)2 CATEGORY C SYSTEMS -
GENERAL PERFORMANCE
CATHODIC PROTECTION TEST
STATION/METHOD AND OPERATION DOES NOT
MEET REQUIREMENTS
N I $1000 failure to properly operate, maintain, close storage tank system
$2000 failure to properly install a storage tank system
403.121(3)(g)23 500(1)(f)2
2025 501(1)(f)3 CATHODIC PROTECTION NOT DESIGNED BY
CORROSION PROFESSIONAL
N I $1000 failure to properly operate, maintain, close storage tank system
$2000 failure to properly install a storage tank system
403.121(3)(g)22 500(1)(f)1& 3
2026 501(1)(g)CATEGORY C SYSTEMS -
GENERAL PERFORMANCE
ABOVEGROUND TANK RELOCATION
REQUIREMENTS NOT MET
N I $1000 failure to properly operate, maintain, close storage tank system
$2000 failure to properly install a storage tank system
403.121(3)(g)25 500(1)(h)
2027 501(1)(h)CATEGORY C SYSTEMS -
GENERAL PERFORMANCE
REUSED TANKS NOT PROPERLY CERTIFIED N R $1000 failure to properly operate, maintain, close storage tank system
$2000 failure to properly install a storage tank system
403.121(3)(g)26 500(1)l
2028 501(2)(a)CATEGORY C SYSTEMS -
AST SYSTEMS
INSTALLED ACCORDING TO NFPA 30, NFPA 30A,
PEI RP 200-96, AND TO MANUFACTURER'S
INSTRUCTIONS
N I $2000 failure to properly install a storage tank system 403.121(3)(g)40 500(3)(a)1
2029 501(2)(b)1 CATEGORY C SYSTEMS -
AST SYSTEMS
SHOP-FABRICATED TANKS NOT CONSTRUCTED
TO REFERENCE STANDARDS OR APPROVED
PER 62-761.850(2)
N R $2000 failure to properly install a storage tank system 403.121(3)(g)42 500(3)(b)
2030 501(2)(b)2 CATEGORY C SYSTEMS -
AST SYSTEMS
FIELD-ERECTED TANKS NOT CONSTRUCTED TO
REFERENCE STANDARDS OR APPROVED PER
62-761.850(2)
N R $2000 failure to properly install a storage tank system 403.121(3)(g)42 500(3)(b)
2031 501(2)(b)3 CATEGORY C SYSTEMS -
AST SYSTEMS
NEW FIELD ERECTED TANKS DOES NOT HAVE
API 653 INSPECTION SCHEDULE ESTABLISHED
N R $2000 failure to properly install a storage tank system 403.121(3)(g)42 500(3)(b)
2032 501(2)(b)4 CATEGORY C SYSTEMS -
AST SYSTEMS
CATHODIC PROTECTION INSTALLATION DOES
NOT MEET REQUIREMENTS
N R $2000 failure to properly install a storage tank system 403.121(3)(g)42 500(3)(b)
2033 501(2)(c)CATEGORY C SYSTEMS -
AST SYSTEMS
INSTALLED WITH SECONDARY CONTAINMENT
FOR NON-EXEMPT AST SYSTEMS
B I $2000 failure to properly install a storage tank system 403.121(3)(g)43 500(3)(c)
2034 501(2)(c)2 CATEGORY C SYSTEMS -
AST SYSTEMS
CONTAINMENT BENEATH FIELD ERECTED TANK
DOES NOT MEET API 650
B I $2000 failure to properly install a storage tank system 403.121(3)(g)43 500(3)(c)
2035 501(2)(c)3a CATEGORY C SYSTEMS -
AST SYSTEMS
DIKE FIELD CONTAINMENT DOES NOT MEETS
NFPA 30 CH. 2-3
B I $2000 failure to properly install a storage tank system 403.121(3)(g)43 500(3)(c)
2036 501(2)(c)3b CATEGORY C SYSTEMS -
AST SYSTEMS
110% CONTAINMENT NOT MET N I $2000 failure to properly install a storage tank system 403.121(3)(g)44 500(3)(c)3b
2037 501(2)(c)3c CATEGORY C SYSTEMS -
AST SYSTEMS
CONTAINMENT NOT PROVIDED WITH DRAINAGE N I $2000 failure to properly install a storage tank system 403.121(3)(g)45 500(3)(c)3c
2038 501(2)(c)3d CATEGORY C SYSTEMS -
AST SYSTEMS
PENETRATIONS THROUGH CONTAINMENT NOT
PROPERLY SEALED
N I $1000 failure to properly operate or maintain storage tank system
$2000 failure to properly install a storage tank system
403.121(3)(g)46 500(3)(c)3d
2039 501(2)(c)3e CATEGORY C SYSTEMS -
AST SYSTEMS
STEEL CONTAINMENT NOT TESTED PER UL 142 N I $1000 failure to properly operate or maintain storage tank system
$2000 failure to properly install a storage tank system
403.121(3)(g)46 500(3)(c)3d
2040 501(2)(d)1 CATEGORY C SYSTEMS -
AST SYSTEMS
FUEL TRANSFER NOT MONITORED B I $1000 failure to properly operate or maintain storage tank system 403.121(3)(g)48 500(3)(d)1
2041 501(2)(d)2 CATEGORY C SYSTEMS -
AST SYSTEMS
OVERFILL PROTECTION NOT PERFORMED PER
API RP 2350 FOR WATERFRONT FACILITIES
WITH FIELD ERECTED GASOLINE STORAGE
TANKS
B I $1000 failure to properly operate, maintain, close storage tank system
$2000 failure to properly install a storage tank system
403.121(3)(g)49 500(3)(d)2
2042 501(2)(d)3 CATEGORY C SYSTEMS -
AST SYSTEMS
FILLBOX COVERS NOT MARKED ACCORDING TO
API RP 1637, OR EQUIVALENT METHOD
N I $500 failure to comply with other departmental requirement 403.121(5)50 500(3)(d)3
2043 501(2)(d)4 CATEGORY C SYSTEMS -
AST SYSTEMS
LEVEL GAUGE/HI-LEVEL ALARM/PUMP
SHUTOFF/GAUGING STICK NOT PROVIDED
B I $1000 failure to properly operate or maintain storage tank system
$2000 failure to properly install a storage tank system
403.121(3)(g)52 500(3)(d)4,5
2044 501(2)(e)CATEGORY C SYSTEMS -
AST SYSTEMS
DISPENSER LINERS NOT INSTALLED, TESTED
AND ALLOW FOR INTERSTITIAL MONITORING
B I $2000 failure to properly install a storage tank system 403.121(3)(g)53 500(3)(e)
2045 501(2)(f)CATEGORY C SYSTEMS -
AST SYSTEMS
PIPING SUMPS NOT INSTALLED, TESTED AND
ALLOW FOR INTERSTITIAL MONITORING
B I $2000 failure to properly install a storage tank system 403.121(3)(g)55 500(3)f
2046 501(3)(a)1, 2 CATEGORY C SYSTEMS -
INTEGRAL PIPING
NOT INSTALLED ACCORDING TO REFERENCE
STANDARDS - NFPA30, 30A, ASME B31.4, AND
MANUFACTURER'S INSTRUCTIONS
B I $2000 failure to properly install a storage tank system 403.121(3)(g)57 500(4)(a)1,2
2047 501(3)(a)3 CATEGORY C SYSTEMS -
INTEGRAL PIPING
AST ASSOCIATED PIPING NOT APPROPRIATELY
TESTED BEFORE PLACED IN SERVICE
N I $2000 failure to properly install a storage tank system 403.121(3)(g)58 500(4)(a)3
2048 501(3)(a)4 CATEGORY C SYSTEMS -
INTEGRAL PIPING
NEW PIPING NOT IN CONTACT WITH SOIL NOT
INSTALLED TO STANDARDS
B I $2000 failure to properly install a storage tank system 403.121(3)(g)500(4)(a)4
2049 501(3)(b)CATEGORY C SYSTEMS -
INTEGRAL PIPING
PIPING NOT MEETING REFERENCE STANDARDS
AND / OR APPROVED PER 62-762.851(2)
B R $2000 failure to properly install a storage tank system 403.121(3)(g)59 500(4)(b)
AST - 10 of 38 Page 4766 of 9661
Vio #AST Cite Category New Violation text SigReEvELRA penalty amount
403.121
FS cite 98-04 Violation ID98-04 Cite
2050 501(3)(c)1 CATEGORY C SYSTEMS -
INTEGRAL PIPING
SMALL DIAMETER PIPING PRESSURIZED:
SHEAR, EMERGENCY SHUTOFF VALVES NOT
PROPERLY INSTALLED
N I $2000 failure to properly install a storage tank system 403.121(3)(g)60 500(4)(c)1
2051 501(3)(c)2 CATEGORY C SYSTEMS -
INTEGRAL PIPING
SMALL DIAMETER PIPING WITH GRAVITY-HEAD:
ISOLATION VALVES NOT PROPERLY INSTALLED
AND NOT MEETING NFPA 30A SECTION 2-1.7
N I $2000 failure to properly install a storage tank system 403.121(3)(g)61 500(4)(c)2
2052 501(3)(d) CATEGORY C SYSTEMS -
INTEGRAL PIPING
BULK PRODUCT PIPING NOT INSTALLED
ACCORDING TO REFERENCE STANDARDS -
NFPA 30, 30A, ASME B31.4
B I $2000 failure to properly install a storage tank system 403.121(3)(g)62 500(4)(d)
2053 501(3)(e)1 CATEGORY C SYSTEMS -
INTEGRAL PIPING
PIPING IN SOIL OR OVER WATER DOES NOT
HAVE SECONDARY CONTAINMENT
B I $2000 failure to properly install a storage tank system 403.121(3)(g)63 500(4)(e)1
2054 501(3)(e)2-3 CATEGORY C SYSTEMS -
INTEGRAL PIPING
BULK PRODUCT AND REMOTE FILL PIPING IN
SOIL DOES NOT HAVE SECONDARY
CONTAINMENT
B I $2000 failure to properly install a storage tank system 403.121(3)(g)64 500(4)(e)2,3
2055 511(1)(b)1 CATEGORY A/B SYSTEMS -
GENERAL PERFORMANCE
SHEAR OR EMERGENCY SHUTOFF VALVES NOT
INSTALLED BY 12/31/1998
B I $3000 failure to timely upgrade a storage tank system 403.121(3)(g)65 510(1)(b)1
2056 511(1)(b)2 CATEGORY A/B SYSTEMS -
GENERAL PERFORMANCE
NO CATHODIC PROTECTION TEST STATION
METHOD BY 12/31/1998
N I $3000 failure to timely upgrade a storage tank system 403.121(3)(g)66 510(1)(b)2
2057 511(1)(b)3 CATEGORY A/B SYSTEMS -
GENERAL PERFORMANCE
UST'S REINSTALLED AS AST'S NOT MEETING
RULE BY 12/31/1998
N R $3000 failure to timely upgrade a storage tank system 403.121(3)(g)68 510(1)(b)4
2058 511(1)(c)CATEGORY A/B SYSTEMS -
GENERAL PERFORMANCE
NO CLOSURE ASSESSMENT PRIOR TO TANK
SYSTEM COMPONENT INSTALLATION OR
UPGRADE
B R $2000 failure to conduct required monitoring or testing 403.121(4)(d)69 510(1)(c)
2059 511(1)(d) CATEGORY A/B SYSTEMS -
GENERAL PERFORMANCE
NO VALVES MEETING NFPA 30A STANDARDS
INSTALLED FOR PIPING SYSTEMS WITH
GRAVITY HEAD
N I $3000 failure to timely upgrade a storage tank system 403.121(3)(g)70 510(1)(d)
2060 511(1)(e)CATEGORY A/B SYSTEMS -
GENERAL PERFORMANCE
NO SECONDARY CONTAINMENT FOR PIPE OVER
WATER BY 12/21/2004
B I $3000 failure to timely upgrade a storage tank system 403.121(3)(g)71 510(1)(e)
2061 511(2)(a)CATEGORY A/B SYSTEMS -
AST SYSTEMS
HAS NOT MET 17-61 REQUIREMENTS BY 1/1/1990
IF APPLICABLE
A N $3000 failure to timely upgrade a storage tank system 403.121(3)(g)77 510(3)(a)
2062 511(2)(b)CATEGORY A/B SYSTEMS -
AST SYSTEMS
CATEGORY B ASTS NOT INSTALLED WITH
SECONDARY CONTAINMENT
A I $3000 failure to timely upgrade a storage tank system 403.121(3)(g)78 510(3)(b)
2063 511(2)(c)CATEGORY A/B SYSTEMS -
AST SYSTEMS
CATEGORY B PIPING NOT INSTALLED WITH
SECONDARY CONTAINMENT
A I $3000 failure to timely upgrade a storage tank system 403.121(3)(g)79 510(3)(c)
2064 511(2)(d)CATEGORY A/B SYSTEMS -
AST SYSTEMS
CATEGORY A & B ASTS DO NOT MEET
REQUIREMENTS OF TABLE AST
A I $3000 failure to timely upgrade a storage tank system 403.121(3)(g)80 510(3)(d)
2065 601(1)(a)1 RELEASE DETECTION -
GENERAL
CANNOT DETECT A NEW RELEASE FROM ANY
PORTION OF THE SYSTEM
N I $2000 failure to conduct or maintain required release detection 403.121(3)(g)81 600(1)(a)1
2066 601(1)(a)2 RELEASE DETECTION -
GENERAL
NOT INSTALLED, CALIBRATED, OPERATED PER
MANUFACTURER'S SPECIFICATIONS
N I $1000 failure to properly operate or maintain storage tank system $2000 -
failure to properly install a storage tank system
403.121(3)(g)82 600(1)(a)2
2067 601(1)(a)3 RELEASE DETECTION -
GENERAL
NOT MEETING PERFORMANCE STANDARDS;
NOR ALL MANUFACTURER'S CLAIMS RETAINED
N R $500 failure to submit or maintain required documentation
$2000 failure to maintain required release detection
403.121(4)(f)
403.121(3)(g)
83 600(1)(a)3
2068 601(1)(c)RELEASE DETECTION -
GENERAL
RELEASE DETECTION METHOD NOT PROVIDED
UPON INSTALLATION
N R $2000 failure to properly install a storage tank system 403.121(3)(g)85 600(1)(c)
2069 601(1)(d)RELEASE DETECTION -
GENERAL
RELEASE DETECTION NOT PERFORMED AT
LEAST ONCE A MONTH
B R $2000 failure to conduct required release detection 403.121(3)(g)86 600(1)(d)
2070 601(1)(e)RELEASE DETECTION -
GENERAL
VISIBLE STORAGE TANK COMPONENTS AND
CONTINUOUS ELECTRONIC LEAK DETECTION
NOT INSPECTED MONTHLY
N R $2000 failure to conduct or maintain required release detection 403.121(3)(g)87 600(1)(e)
2071 601(1)(f)RELEASE DETECTION -
GENERAL
SITE SUITABILITY DETERMINATION NOT
PERFORMED BY 1/1/2000
B R $2000 failure to maintain required release detection 403.121(3)(g)88 600(1)(f)
2072 601(1)(g)RELEASE DETECTION -
GENERAL
VAPOR MONITORING PLANS NOT IN PLACE BY
1/1/2000
B R $2000 failure to maintain required release detection 403.121(3)(g)89 600(1)(g)
2073 601(1)(h)RELEASE DETECTION -
GENERAL
NO INTERSTITIAL MONITORING FOR
SECONDARY CONTAINMENT
B I $2000 failure to conduct or maintain required release detection 403.121(3)(g)90 600(1)(h)
2074 601(1)(i)RELEASE DETECTION -
GENERAL
LINE LEAK DETECTOR NOT PROVIDED FOR
PRESSURIZED PIPING
B I $2000 failure to conduct or maintain required release detection 403.121(3)(g)91 600(1)(i)
AST - 11 of 38 Page 4767 of 9661
Vio #AST Cite Category New Violation text SigReEvELRA penalty amount
403.121
FS cite 98-04 Violation ID98-04 Cite
2075 601(1)(j)RELEASE DETECTION -
GENERAL
STORAGE TANK SYSTEM WITHOUT RELEASE
DETECTION BY DUE DATE NOT PERMANENTLY
CLOSED
B I $2000 failure to conduct or maintain required release detection 403.121(3)(g)91 600(1)(i)
2076 601(1)(k)RELEASE DETECTION -
GENERAL
MONITORING WELLS NO LONGER USED FOR
RELEASE DETECTION NOT CLOSED
N I $500 failure to comply with other departmental requirement 403.121(5)92 600(1)(k)
2077 601(2)(a) RELEASE DETECTION - AST
SYSTEMS
GROUNDWATER MONITORING OR SPCC PLANS
SHALL NOT MEETING 62-761.640(1)(A) BY
12/31/1999
N R $2000 failure to maintain required release detection 403.121(3)(g)96 600(3)(a)
2078 601(2)(b)RELEASE DETECTION - AST
SYSTEMS
MONITORING WELLS DO NOT MEET 62-761.640(2)
BY 1/1/2000 OR NOT CLOSED
N I $2000 failure to maintain required release detection 403.121(3)(g)97 600(3)(b)
2079 601(2)(c)RELEASE DETECTION - AST
SYSTEMS
RELEASE DETECTION FOR FIELD-ERECTED
TANKS DOES NOT MEET API STANDARD 650,
APPENDIX I
N R $2000 failure to maintain required release detection 403.121(3)(g)98 600(3)(c)
2080 601(2)(d)RELEASE DETECTION - AST
SYSTEMS
RELEASE DETECTION FOR INTERNALLY-LINED
TANKS DOES NOT MEET 62-761.640(2)
B I $2000 failure to maintain required release detection 403.121(3)(g)99 600(3)(d)
2081 601(2)(e)RELEASE DETECTION - AST
SYSTEMS
NO RELEASE DETECTION FOR AST PIPING IN
CONTACT WITH THE SOIL
B I $2000 failure to maintain required release detection 403.121(3)(g)100 600(3)(e)
2082 601(2)(f)RELEASE DETECTION - AST
SYSTEMS
GROUNDWATER MONITORING PLAN OR SPCC
PLAN NOT MEETING 62-761.611 BY 12/31/1999
N I $2000 failure to maintain required release detection 403.121(3)(g)101 600(3)(f)
2083 601(2)(g)RELEASE DETECTION - AST
SYSTEMS
VISUAL INSPECTION FOR HIGH VISCOSITY ASTS B I $2000 failure to conduct or maintain required release detection 403.121(3)(g)102 600(3)(g)
2084 611(1)(a)RELEASE DETECTION -
GENERAL
CATEGORIES A & B RELEASE DETECTION NOT
MEETING STANDARDS
B I $2000 failure to maintain required release detection 403.121(3)(g)103 610(1)(a)
2085 611(1)(b)RELEASE DETECTION -
GENERAL
CATEGORY C SYSTEM DOES NOT HAVE
APPROVED RELEASE DETECTION METHOD -
INTERSTITIAL MONITORING, LEAK DETECTOR
AND BREACH OF INTEGRITY AS APPLICABLE
A I $2000 failure to maintain required release detection 403.121(3)(g)104 610(1)(b)
2086 611(2)(a)1 RELEASE DETECTION - AST
SYSTEMS
CATEGORY A & B TANKS DOES NOT HAVE
APPROVED RELEASE DETECTION METHOD
A I $2000 failure to maintain required release detection 403.121(3)(g)107 610(3)(a)
2087 611(2)(a)2 RELEASE DETECTION - AST
SYSTEMS
VISUAL INSPECTION OF EXEMPT OR SINGLE
WALLED AST SYSTEM AND CONTAINMENT NOT
PERFORMED ONCE A MONTH
B N $2000 failure to conduct required release detection 403.121(3)(g)108 610(3)(b)
2088 611(2)(a)3 RELEASE DETECTION - AST
SYSTEMS
INTERNALLY LINED AND CUT AND COVER TANKS
DO NOT HAVE RELEASE DETECTION METHOD
B N $2000 failure to conduct required release detection 403.121(3)(g)108 610(3)(b)
2089 611(2)(b)RELEASE DETECTION - AST
SYSTEMS
VISUAL INSPECTIONS NOT CONDUCTED
PROPERLY ONCE A MONTH
B N $2000 failure to conduct required release detection 403.121(3)(g)108 610(3)(b)
2090 611(3)(a)1 RELEASE DETECTION -
SMALL DIAMETER PIPING
SINGLE WALLED SUCTION PIPING DOES NOT
HAVE ANNUAL LINE TEST OR 62-761.641
METHOD
B N $2000 failure to conduct required release detection 403.121(3)(g)109 610(4)(a)1
2091 611(3)(a)2 RELEASE DETECTION -
SMALL DIAMETER PIPING
SINGLE WALLED PRESSURIZED PIPING DOES
NOT HAVE MECHANICAL LEAK DETECTORS /
ANNUAL TIGHTNESS TEST, OR ELECTRONIC
LEAK DETECTOR
B I $2000 failure to maintain required release detection 403.121(3)(g)110 610(4)(a)2
2092 611(3)(a)3a RELEASE DETECTION -
SMALL DIAMETER PIPING
SUCTION PUMP - NO WRITTEN VERIFICATION OF
OPTIONAL CHECK VALVE
B I $2000 failure to maintain required release detection 403.121(3)(g)110 610(4)(a)2
2093 611(3)(b)RELEASE DETECTION -
SMALL DIAMETER PIPING
ABOVEGROUND PIPING NOT VISUALLY
INSPECTED
B N $2000 failure to conduct required release detection 403.121(3)(g)111 610(4)(b)
2094 611(3)(c)RELEASE DETECTION -
SMALL DIAMETER PIPING
SECONDARY-CONTAINED PIPING IN CONTACT
WITH SOIL DOES NOT HAVE: INTERSTITIAL
MONITORING, LINE LEAK DETECTOR IF
APPLICABLE, AND A BREACH OF INTEGRITY
TESTING METHOD
N I $2000 failure to maintain required release detection 403.121(3)(g)112 610(4)(c)
2095 611(3)(d)1 RELEASE DETECTION -
BULK & HYDRANT PIPING
SINGLE WALLED BULK PRODUCT PIPING IN
CONTACT WITH SOIL NOT PRESSURE TESTED
YEARLY NOR MONTHLY RELEASE DETECTION
SYSTEM
B N $2000 failure to conduct required release detection 403.121(3)(g)113 610(4)(d)1
2096 611(3)(d)2 RELEASE DETECTION -
BULK & HYDRANT PIPING
NO MONTHLY VISUAL INSPECTION OF
ABOVEGROUND OR EXEMPT PIPE
B N $2000 failure to conduct required release detection 403.121(3)(g)114 610(4)(d)2
AST - 12 of 38 Page 4768 of 9661
Vio #AST Cite Category New Violation text SigReEvELRA penalty amount
403.121
FS cite 98-04 Violation ID98-04 Cite
2097 611(3)(d)3 RELEASE DETECTION -
BULK & HYDRANT PIPING
SECONDARILY CONTAINED PIPING IN CONTACT
WITH SOIL DOES NOT HAVE INTERSTITIAL
MONITORING AND BREACH OF INTEGRITY
B I $2000 failure to maintain required release detection 403.121(3)(g)115 610(4)(d)3
2098 641(1)(a)RELEASE DETECTION -
GENERAL
DEVICE DOES NOT MEET GENERAL
STANDARDS; CANNOT DETECT 0.2 GAL/HR OR
150 GALLON RELEASE WITHIN 30 DAYS, WITH
0.95 DETECTION PROBABILITY AND 0.05 FALSE
ALARM PROBABILITY
N R $2000 failure to maintain required release detection 403.121(3)(g)116 640(1)(a)
2099 641(1)(b)RELEASE DETECTION -
GENERAL
RELEASE DETECTION METHOD HAS NO DEP
EQUIPMENT APPROVAL IN ACCORDANCE WITH
62-762.851(2)
N R $500 failure to prepare, submit, maintain, or use required documentation 403.121(4)(f)117 640(1)(b)
2100 641(1)(c) RELEASE DETECTION -
GENERAL
NO RELEASE DETECTION RESPONSE LEVEL
DESCRIBED IN WRITING
N R $500 failure to prepare, submit, maintain, or use required documentation 403.121(4)(f)118 640(1)(c)
2101 641(2)(a) &
641(2)(b)
RELEASE DETECTION -
EXTERNAL
MONITORING WELL CONSTRUCTION
STANDARDS NOT MET; SITE SUITABILITY NOT
PERFORMED PROPERLY
N I $2000 failure to maintain required release detection 403.121(3)(g)119 640(2)(a)
2102 641(2)(c)RELEASE DETECTION -
EXTERNAL
GROUNDWATER MONITORING NOT PERFORMED
TO STANDARDS
N I $2000 failure to maintain required release detection 403.121(3)(g)120 640(2)(c)2
2103 641(2)(d)RELEASE DETECTION -
EXTERNAL
VAPOR MONITORING NOT PERFORMED TO
STANDARDS
N I $2000 failure to maintain required release detection 403.121(3)(g)123 640(2)(d)2
2104 641(2)(e)RELEASE DETECTION -
EXTERNAL
PROBLEMS FOUND DURING VISUAL
INSPECTIONS NOT NOTED
N I $500 failure to prepare, submit, maintain required documentation 403.121(4)(f)127 640(2)(e)
2105 641(3)(a)1 RELEASE DETECTION -
INTERNAL
INTERSTITIAL MONITORING METHOD DOES NOT
MEET STANDARDS
N R $2000 failure to conduct or maintain required release detection 403.121(3)(g)128 640(3)(a)1
2106 641(3)(a)3 RELEASE DETECTION -
INTERNAL
DOES NOT MEET VACUUM MONITORING
METHOD STANDARDS
N R $2000 failure to maintain required release detection 403.121(3)(g)130 640(3)(a)3
2107 641(3)(a)4 RELEASE DETECTION -
INTERNAL
INTERSTITIAL MONITORING METHOD FOR LINER
SYSTEMS DOES NOT MEET STANDARDS
N I $2000 failure to maintain required release detection 403.121(3)(g)131 640(3)(a)4
2108 641(3)(b)2 RELEASE DETECTION -
INTERNAL
INVENTORY CONTROL NOT MAINTAINED FOR
SHOP-FABRICATED ASTS
N R $2000 failure to conduct required release detection 403.121(3)(g)132 640(3)(b)
2109 641(3)(b)3 RELEASE DETECTION -
INTERNAL
INVENTORY CONTROL NOT MAINTAINED FOR
FIELD-ERECTED ASTS
N R $2000 failure to conduct required release detection 403.121(3)(g)134 640(3)(b)4
2110 701(1)(a)1 REPAIRS OPERATION &
MAINTENANCE - GENERAL
NOT REPAIRED COMPONENT WHICH HAS OR
COULD CAUSE A DISCHARGE
N I $1000 failure to properly operate, maintain, close storage tank system 403.121(3)(g)144 700(1)(a)1
2111 701(1)(a)2 REPAIRS OPERATION &
MAINTENANCE - GENERAL
NOT TAKEN OUT OF OPERATION UNTIL REPAIR
IS MADE
B I $5000 failure to empty a damaged storage system as necessary to ensure
that a release does not occur until repairs to the storage system are
completed
403.121(3)(g)145 700(1)(a)2
2112 701(1)(a)3 REPAIRS OPERATION &
MAINTENANCE - GENERAL
NOT REPAIRED PER NFPA 30 OR OTHER
APPLICABLE STANDARDS
N I $1000 failure to properly operate, maintain, close storage tank system 403.121(3)(g)146 700(1)(a)3
2113 701(1)(a)4 REPAIRS OPERATION &
MAINTENANCE - GENERAL
REPAIRED COMPONENTS NOT TESTED AS
APPLICABLE
N I $1000 failure to properly operate, maintain, close storage tank system 403.121(3)(g)147 700(1)(a)4
2114 701(1)(a)5 REPAIRS OPERATION &
MAINTENANCE - GENERAL
REPAIRS TO TANKS NOT MADE BY AUTHORIZED
REPRESENTATIVE
N I $1000 failure to properly operate, maintain, close storage tank system 403.121(3)(g)148 700(1)(a)5
2115 701(1)(a)6 REPAIRS OPERATION &
MAINTENANCE - GENERAL
PIPING THAT IS DAMAGED OR HAS DISCHARGED
IS NOT REPLACED
N I $1000 failure to properly operate, maintain, close storage tank system 403.121(3)(g)149 700(1)(a)6
2116 701(1)(b)1 REPAIRS OPERATION &
MAINTENANCE - CP
NOT OPERATED AND MAINTAINED TO PROVIDE
CONTINUOUS PROTECTION
N I $1000 failure to properly operate, maintain, close storage tank system 403.121(3)(g)150 700(1)(b)1
2117 701(1)(b)2a REPAIRS OPERATION &
MAINTENANCE - CP
NOT INSPECTED 6 MONTHS AFTER
INSTALLATION OR REPAIR AND ANNUALLY/3
YEARS
N I $1000 failure to properly operate, maintain, close storage tank system 403.121(3)(g)151 700(1)(b)2a
2118 701(1)(b)2b REPAIRS OPERATION &
MAINTENANCE - CP
IMPRESSED CURRENT SYSTEM NOT INSPECTED
EVERY TWO MONTHS
N R $1000 failure to properly operate, maintain, close storage tank system 403.121(3)(g)152 700(1)(b)2b
2119 701(1)(b)3 REPAIRS OPERATION &
MAINTENANCE - CP
SYSTEMS THAT DO NOT MEET REQUIREMENTS
NOT REPAIRED/TAKEN OUT OF SERVICE
N I $1000 failure to properly operate, maintain, close storage tank system 403.121(3)(g)153 700(1)(b)3
2120 701(1)(c)1 REPAIRS OPERATION &
MAINTENANCE - O & M
SPILL CONTAINMENT, DISPENSER LINERS AND
PIPING SUMPS ACCESSIBLE; WATER AND
REGULATED SUBSTANCES NOT REMOVED
N I $1000 failure to properly operate, maintain, close storage tank system 403.121(3)(g)155 700(1)(c)1
AST - 13 of 38 Page 4769 of 9661
Vio #AST Cite Category New Violation text SigReEvELRA penalty amount
403.121
FS cite 98-04 Violation ID98-04 Cite
2121 701(1)(c)2 REPAIRS OPERATION &
MAINTENANCE - O & M
NOT ENSURED VOLUME AVAILABLE IN TANK IS
GREATER THAN THE VOLUME TRANSFERRED
AND/OR FAILURE TO MONITOR DURING
PRODUCT TRANSFER OPERATION
N R $1000 failure to properly operate, maintain, close storage tank system 403.121(3)(g)156 700(1)(c)2
2122 701(1)(c)3 REPAIRS OPERATION &
MAINTENANCE - O & M
RELEASE DETECTION DEVICES NOT TESTED
ANNUALLY
N R $1000 failure to properly operate, maintain, close storage tank system 403.121(3)(g)157 700(1)(c)3
2123 701(1)(c)6 REPAIRS OPERATION &
MAINTENANCE - O & M
INVENTORY CONTROL FOR VEHICULAR FUEL
TANKS WITHOUT SECONDARY CONTAINMENT
NOT USED
N R $500 failure to prepare, submit, maintain, or use required documentation
$2000 failure to conduct or maintain required release detection
403.121(4)(f)
403.121(3)(G)
158 700(1)(c)6
2124 701(2)(b)1 REPAIRS OPERATION &
MAINTENANCE - AST
SYSTEMS
STORMWATER NOT DRAWN OFF WITHIN ONE
WEEK
N I $1000 failure to properly operate or maintain storage tank system 403.121(3)(g)162 700(3)(a)2a
2125 701(2)(b)2 REPAIRS OPERATION &
MAINTENANCE - AST
SYSTEMS
STORMWATER WAS DISCHARGED UNTREATED
WHEN IT HAS A VISIBLE SHEEN
N I $1000 failure to properly operate or maintain storage tank system 403.121(3)(g)163 700(3)(a)2b
2126 701(2)(c)REPAIRS OPERATION &
MAINTENANCE - AST
SYSTEMS
DRAIN VALVES NOT KEPT CLOSED EXCEPT
WHEN DRAWING OFF STORMWATER
N I $1000 failure to properly operate or maintain storage tank system 403.121(3)(g)164 700(3)(a)3
2127 701(3)REPAIRS OPERATION &
MAINTENANCE - AST
SYSTEMS
FIELD ERECTED TANKS NOT EVALUATED,
RETESTED, AND/OR REPAIRED PER API 653
N I $1000 failure to properly operate, maintain, close storage tank system 403.121(3)(g)165 700(3)(b)
2128 701(4)(a)REPAIRS OPERATION &
MAINTENANCE - AST
SYSTEMS
SMALL DIAMETER PIPING NOT TIGHTNESS
TESTED BEFORE RETURNING TO SERVICE
N R $1000 failure to properly operate or maintain storage tank system 403.121(3)(g)166 700(3)(c)1
2129 701(4)(b)REPAIRS OPERATION &
MAINTENANCE - AST
SYSTEMS
BULK/HYDRANT PIPING NOT PRESSURE TESTED
BEFORE RETURNING TO SERVICE
N R $1000 failure to properly operate or maintain storage tank system 403.121(3)(g)167 700(3)(c)2
2130 701(5)REPAIRS OPERATION &
MAINTENANCE - AST
SYSTEMS
BULK PRODUCT PIPING OVER WATER NOT
TESTED ANNUALLY; NOT MAINTAINED PER CFR
33
N R $1000 failure to properly operate or maintain storage tank system 403.121(3)(g)168 700(3)(d)
2131 701(6)REPAIRS OPERATION &
MAINTENANCE - AST
SYSTEMS
SECONDARY CONTAINMENT NOT REPAIRED
PER 62-761.500(1)(E)
N I $1000 failure to properly operate, maintain, close storage tank system 403.121(3)(g)169 700(3)(e)
2132 711(1)RECORD KEEPING PERMANENT RECORDS NOT AVAILABLE WITHIN
5 WORKING DAYS NOTICE; NO REASONABLE
FACILITY ACCESS
N N $500 failure to prepare or maintain required documentation 403.121(4)(f)170 710(1)
2133 711(2)RECORD KEEPING RECORDS REQUIRING 2-YEAR DOCUMENTATION
PERIOD NOT KEPT BY FACILITY
N N $500 failure to prepare or maintain required documentation 403.121(4)(f)171 710(2)
2134 711(3)RECORD KEEPING RECORDS REQUIRED FOR LIFE OF SYSTEM NOT
KEPT BY FACILITY
N N $500 failure to prepare or maintain required documentation 403.121(4)(f)172 710(3)
2135 801(1)OUT OF SERVICE -
GENERAL
REQUIREMENTS NOT MET FOR FIELD-ERECTED
TANKS TAKEN TEMPORARILY OUT OF SERVICE
N I $1000 failure to properly operate, maintain, close storage tank system 403.121(3)(g)173 800(1)
2136 801(2)(a)1 OUT OF SERVICE -
GENERAL
REQUIREMENTS NOT MET FOR OUT OF SERVICE
SYSTEMS
N I $1000 failure to properly operate, maintain, close storage tank system 403.121(3)(g)174 800(2)(a)1
2137 801(2)(a)2 OUT OF SERVICE -
GENERAL
UPGRADES AND TESTING NOT PERFORMED
BEFORE RETURNING SYSTEM TO SERVICE
N I $1000 failure to properly operate or maintain storage tank system
$3000 failure to timely upgrade a storage tank system
403.121(3)(g)175 800(2)(a)2, 4
2138 801(2)(a)3 OUT OF SERVICE - UST
SYSTEMS
SYSTEM OUT OF SERVICE LONGER THAN
ALLOWED TIME LIMIT
N I $1000 failure to properly operate, maintain, close storage tank system 403.121(3)(g)177 800(2)(b)2
2139 801(2)(a)4 OUT OF SERVICE - UST
SYSTEMS
NO TIGHTNESS/BREACH OF INTEGRITY TEST
BEFORE RETURNING TO SERVICE
N I $1000 failure to properly operate, maintain, close storage tank system 403.121(3)(g)176 800(2)(b)1
2140 801(2)(b)OUT OF SERVICE - AST
SYSTEMS
ASTS WITHOUT SECONDARY CONTAINMENT
OUT OF SERVICE FOR MORE THAN 5 YEARS
N I $1000 failure to properly operate, maintain, close storage tank system 403.121(3)(g)178 800(2)(c)1
2141 801(2)(c)OUT OF SERVICE - AST
SYSTEMS
SHOP-FABRICATED AND FIELD-ERECTED ASTS
NOT RECEIVING INSPECTION & EVALUATION
PRIOR TO RETURN TO SERVICE
N I $1000 failure to properly operate, maintain, close storage tank system 403.121(3)(g)179 800(2)(c)2
2142 801(2)(d)OUT OF SERVICE - AST
SYSTEMS
FIELD ERECTED TANK PRODUCT CHANGE DOES
NOT COMPLY WITH API 653
N R $1000 failure to properly operate, maintain, close storage tank system 403.121(3)(g)180 800(2)(c)3
AST - 14 of 38 Page 4770 of 9661
Vio #AST Cite Category New Violation text SigReEvELRA penalty amount
403.121
FS cite 98-04 Violation ID98-04 Cite
2143 801(3)(a)1a CLOSURE - GENERAL LIQUIDS AND SLUDGE NOT REMOVED FROM
TANK(S)
N I $1000 failure to properly operate, maintain, close storage tank system 403.121(3)(g)182 800(3)(a)1a
2144 801(3)(a)1b CLOSURE - GENERAL INTEGRAL PIPING NOT PROPERLY CLOSED,
MANWAYS NOT SECURED
N I $1000 failure to properly operate, maintain, close storage tank system 403.121(3)(g)183 800(3)(a)1b
2145 801(3)(a)3 CLOSURE - GENERAL MONITORING WELLS NOT CLOSED UPON
SYSTEM CLOSURE
N I $1000 failure to properly operate, maintain, close storage tank system 403.121(3)(g)184 800(3)(a)3
2146 801(3)(b)CLOSURE - AST SYSTEMS UNMAINTAINED AST SYSTEMS NOT PROPERLY
CLOSED WITHIN 90 DAYS OF DISCOVERY
B I $1000 failure to properly operate, maintain, close storage tank system 403.121(3)(g)192 800(3)(c)1
2147 801(3)(c)CLOSURE - AST SYSTEMS NOT RENDERED FREE OF EXPLOSIVE VAPORS N I $1000 failure to properly operate, maintain, close storage tank system 403.121(3)(g)193 800(3)(c)2
2148 801(3)(d)CLOSURE - AST SYSTEMS NOT PROTECTED FROM FLOTATION
ACCORDING TO NFPA 30, SECTION 2-6
N I $1000 failure to properly operate, maintain, close storage tank system 403.121(3)(g)194 800(3)(c)3
2149 801(4)(a-b)CLOSURE - ASSESSMENT CLOSURE ASSESSMENT REQUIRED AND NOT
PERFORMED
N R $1000 failure to properly operate, maintain, close storage tank system 403.121(3)(g)185 800(4)(a)&(b)
2150 801(4)(c)CLOSURE - ASSESSMENT SAMPLING NOT IN ACCORDANCE WITH APRIL,
1998 "STORAGE TANK SYSTEM CLOSURE
ASSESSMENT REQUIREMENTS"
N R $1000 failure to properly operate, maintain, close storage tank system 403.121(3)(g)186 800(4)(c)
2151 801(4)(d)CLOSURE - ASSESSMENT CLOSURE ASSESSMENT NOT SUBMITTED
WITHIN 60 DAYS
B N $500 failure to prepare, submit, maintain, or use required documentation 403.121(4)(f)196 800(4)(d)
2152 801(4)b)5 CLOSURE - AST SYSTEMS NO WRITTEN CERTIFICATION WITHIN 10 DAYS
OF SECONDARY CONTAINMENT UPGRADE FOR
ASTS < 1100 GALLONS, IN LIEU OF CLOSURE
N R $500 failure to prepare, submit documentation 403.121(4)(f)195 800(4)(b)5
2153 821(1)(a-c)DISCHARGE RESPONSE INCIDENT NOT PROMPTLY INVESTIGATED N N $2000 - failure to timely investigate a suspected release 403.121(3)(g)197 820(1)(a),(b),(c)
2154 821(1)(d)DISCHARGE RESPONSE SPILL OR LOSS OF REGULATED SUBSTANCE
INTO SECONDARY CONTAINMENT NOT
REMOVED WITHIN THREE DAYS OF DISCOVERY
N N $1000 failure to properly operate, maintain, close storage tank system 403.121(3)(g)198 820(1)(d)
2155 821(2)(a)DISCHARGE RESPONSE ACTIONS NOT TAKEN IMMEDIATELY TO
CONTAIN, REMOVE AND ABATE THE
DISCHARGE; FREE PRODUCT PRESENT NOT
BEING REMOVED
N R $5000 failure to empty a damaged storage system as necessary to ensure
that a release does not occur until repairs are completed; failure to timely
recover free product
403.121(3)(g)199 820(2)(a)
2156 821(2)(b)1 DISCHARGE RESPONSE UNKNOWN DISCHARGE SOURCE NOT
INVESTIGATED PER NFPA 329 CH. 3 & 5
N R $2000 - failure to timely investigate a suspected release 403.121(3)(g)200 820(2)(b)1
2157 821(2)(b)2 DISCHARGE RESPONSE REGULATED SUBSTANCE NOT REMOVED FROM
SYSTEM TO PREVENT FURTHER DISCHARGE TO
THE ENVIRONMENT
N R $5000 failure to empty a damaged storage system as necessary to ensure
that a release does not occur until repairs to the storage system are
completed
403.121(3)(g)201 820(2)(b)2
2158 821(2)(b)3 DISCHARGE RESPONSE FIRE, EXPLOSION, AND VAPOR HAZARDS NOT
IDENTIFIED AND MITIGATED
N R $500 failure to comply with any other departmental regulatory statute or rule
requirement
403.121(5)202 820(2)(b)3
2159 821(2)(b)4 DISCHARGE RESPONSE SYSTEM NOT REPAIRED NOR CLOSED N R $1000 failure to properly operate, maintain, close storage tank system 403.121(3)(g)203 820(2)(b)4
2160 821(2)(c)DISCHARGE RESPONSE SYSTEM NOT TESTED UPON AGENCY
DETERMINATION OF DISCHARGE OR RELEASE
DETECTION ISSUE
N R $2000 failure to conduct required monitoring or testing 403.121(4)(d)204 820(2)(c)
2161 821(2)(d)1 DISCHARGE RESPONSE SYSTEM NOT TESTED WITHIN 3 DAYS TO
CONFIRM A DISCHARGE, IF NECESSARY
N R $2000 failure to conduct required monitoring or testing 403.121(4)(d)205 820(2)(d)1
2162 821(2)(d)2 DISCHARGE RESPONSE LEAKING SYSTEM NOT PLACED OUT OF
SERVICE WITHIN 3 DAYS OF DISCOVERY, UNTIL
REPAIRED, REPLACED, OR CLOSED
N R $5000 failure to empty a damaged storage system as necessary to ensure
that a release does not occur until repairs to the storage system are
completed
403.121(3)(g)206 820(2)(d)2
2163 821(2)(e)DISCHARGE RESPONSE CONTAMINATED SOIL NOT EXCAVATED,
DISPOSED OF OR STOCKPILED, IS MANAGED IN
ACCORDANCE WITH CHAPTER 62-770, FAC
N R $2000 - failure to timely assess or remediate petroleum contamination (such
as failure to remove stockpiled soil after 30 / 60 / 90 days)
$5000 - when a release has occurred from that storage tank system (such as
spreading contamination from stockpiled soil)
403.121(3)(g)207 820(2)(e)
2164 851(1)EQUIPMENT
APPROVALS/ALTERNATE
PROCEDURES
FACILITY NOT IN COMPLIANCE WITH ALTERNATE
PROCEDURE
N R $1000 failure to properly operate, maintain, close storage tank system 403.121(3)(g)208 850(1)
2165 851(2)EQUIPMENT
APPROVALS/ALTERNATE
PROCEDURES
EQUIPMENT NOT APPROVED BY DEPARTMENT
BEFORE INSTALLATION OR USE
N R $500 failure to prepare, submit, maintain, use required documentation
$2000 - failure to properly install a storage tank system
403.121(4)(f)
403.121(3)(g)
209 850(2)
2166 891(3)(a),(b)MINERAL ACID SYSTEMS MINERAL ACID TANK SYSTEMS NOT
REGISTERED WITH THE DEPARTMENT
N R 210 890(3)(a),(b)
AST - 15 of 38 Page 4771 of 9661
Vio #AST Cite Category New Violation text SigReEvELRA penalty amount
403.121
FS cite 98-04 Violation ID98-04 Cite
2167 891(3)(c)MINERAL ACID SYSTEMS REGISTRATION PLACARD NOT DISPLAYED IN
PLAIN VIEW
N R 211 890(3)(c)
2168 891(5)MINERAL ACID SYSTEMS NO NOTIFICATION OF CHANGE TO
REGISTRATION INFORMATION OR NO
REPORTING OF A RELEASE INTO SECONDARY
CONTAINMENT WITHIN ESTABLISHED
TIMEFRAMES
N N 212 890(5)
2169 891(6)MINERAL ACID SYSTEMS DISCHARGE REPORT NOT FILED FOR RELEASE
OF MINERAL ACID SUBSTANCE IN EXCESS OF
ESTABLISHED LEVELS, WITHIN 24 HRS/1 WORK
DAY
B N 213 890(6)
2170 891(7)(a)1 MINERAL ACID SYSTEMS TANKS IN OPERATION BEFORE JULY 1, 1992 DO
NOT HAVE CONTAINMENT & INTEGRITY PLAN OR
SECONDARY CONTAINMENT
N I 214 890(7)(a)1
2171 891(7)(a)2 MINERAL ACID SYSTEMS NEW TANKS INSTALLED AFTER JULY 1, 1992 DO
NOT HAVE SECONDARY CONTAINMENT
A I 215 890(7)(a)2
2172 891(7)(b)MINERAL ACID SYSTEMS CONTAINMENT & INTEGRITY PLAN NOT
REVIEWED/UPDATED EVERY 2 YRS BY P.E.
N R 216 890(7)(b)
2173 891(7)(b)1-7 MINERAL ACID SYSTEMS CONTAINMENT & INTEGRITY PLAN CONTAINS NO
DOCUMENTATION ON CONSTRUCTION,
MAINTENANCE, WATER LOCATION, CLEANUP
PROCEDURES - AS REQUIRED
N R 217 890(7)(b)1-7
2174 891(7)(c)MINERAL ACID SYSTEMS NO PE CERTIFICATION DOCUMENTS PROPER
SECONDARY CONTAINMENT, WHERE CIP NOT
USED
N R 219 890(7)(c)
2175 891(7)(d)MINERAL ACID SYSTEMS TANKS INSTALLED AFTER JULY 1, 1992 DO NOT
HAVE SECONDARY CONTAINMENT & LINERS
INSTALLED AFTER JULY 13, 1998
B I 220 890(7)(d)
2176 891(7)(e)MINERAL ACID SYSTEMS PE CERTIFICATION OF TANK
INSPECTION/MAINTENANCE NOT IN
ACCORDANCE WITH CIP
N R 218 890(7)(e)
2177 891(8)MINERAL ACID SYSTEMS CONTAINMENT & INTEGRITY PLAN OR
CERTIFICATION OF SECONDARY CONTAINMENT
NOT AVAILABLE FOR INSPECTION
N R 221 890(8)
2178 891(9)(a)MINERAL ACID SYSTEMS APPROPRIATE ACTIONS NOT TAKEN IN THE
EVENT OF A DISCHARGE - PRODUCT
REMOVAL/TANK REPAIR - CLOSURE
N I 222 890(9)(a)
2179 891(9)(b)MINERAL ACID SYSTEMS ACTION IMMEDIATELY NOT TAKEN TO CONTAIN,
NEUTRALIZE, ABATE A DISCHARGE
N I 223 890(9)(b)
2180 62N-16 DISCHARGE PREVENTION
& RESPONSE
FACILITY OUT OF COMPLIANCE WITH
REQUIREMENTS OF CHAPTER 62-16N
N R 224 62N-16
AST - 16 of 38 Page 4772 of 9661
Category 1998-2004 Violation Text V#1998-2004 Cite Sig ReEval End Date
New UST Cite New Violation text New AST Cite New Violation text
REGISTRATION/FINANCIAL
RESPONSIBILITY SYSTEMS REGISTERED; FEES PAID 1 400(1)-(2)N R
400(1)(a)-(b)SYSTEMS NOT REGISTERED 401(1)(a)-(b)SYSTEMS NOT REGISTERED
1 400(1)-(2)N R
400(2)(a)-(e)REGISTRATION FEES NOT PAID 401(2)(a)1-5;
401(2)(b)
REGISTRATION FEES NOT PAID
REGISTRATION/FINANCIAL
RESPONSIBILITY
REGISTRATION PLACARD DISPLAYED IN PLAIN
VIEW 2 400(2)(a)6 N R
400(2)(f)REGISTRATION PLACARD IS NOT
DISPLAYED IN PLAIN VIEW
401(2)(a)6 REGISTRATION PLACARD IS NOT
DISPLAYED IN PLAIN VIEW
REGISTRATION/FINANCIAL
RESPONSIBILITY FINANCIAL RESPONSIBILITY 3 400(3)B R
400(3)NO FINANCIAL RESPONSIBILITY 401(3)NO FINANCIAL RESPONSIBILITY
NOTIFICATION &
REPORTING
30 DAY NOTIFICATION BEFORE INSTALLATION
OR UPGRADE 4 450(1)(a)1 N N
450(1)(a)1 30 DAY NOTIFICATION BEFORE
INSTALLATION OR UPGRADE NOT
SUBMITTED
451(1)(a)1 30 DAY NOTIFICATION BEFORE
INSTALLATION OR UPGRADE NOT
SUBMITTED
NOTIFICATION &
REPORTING
10 DAY NOTIFICATION BEFORE API653 AST
INSPECTION/UST INTERNAL INSPECTION;
CHANGE IN SERVICE STATUS, CLOSURE,
CLOSURE ASSESSMENT 5 450(1)(a)2 N N
450(1)(a)2 10 DAY NOTIFICATION BEFORE UST
INTERNAL INSPECTION, CHANGE IN
SERVICE STATUS, CLOSURE, OR
CLOSURE ASSESSMENT NOT SUBMITTED
451(1)(a)2 10 DAY NOTIFICATION BEFORE API 653
INSPECTION, CHANGE IN SERVICE
STATUS, CLOSURE, OR CLOSURE
ASSESSMENT NOT SUBMITTED
NOTIFICATION &
REPORTING
48 HOUR NOTIFICATION BEFORE
INSTALLATION/CLOSURE ACTIVITY BEGINS 6 450(1)(a)3 N N
450(1)(a)3 48 HOUR NOTIFICATION BEFORE
INSTALLATION/CLOSURE ACTIVITY, UST
INTERNAL INSPECTION, CHANGE IN
SERVICE STATUS, AND TIGHTNESS
TESTS NOT SUBMITTED
451(1)(a)3 48 HOUR NOTIFICATION BEFORE
INSTALLATION/CLOSURE ACTIVITY, API
653 INSPECTION, CHANGE IN SERVICE
STATUS, AND TIGHTNESS TESTS NOT
SUBMITTED
NOTIFICATION &
REPORTING
EMERGENCY OUT-OF-SERVICE NOTIFICATION
BEFORE NEXT BUSINESS DAY 7 450(1)(a)4 N N
450(1)(a)4 EMERGENCY OUT-OF-SERVICE
NOTIFICATION BEFORE NEXT BUSINESS
DAY NOT SUBMITTED
451(1)(a)4 EMERGENCY OUT-OF-SERVICE
NOTIFICATION BEFORE NEXT BUSINESS
DAY NOT SUBMITTED
NOTIFICATION &
REPORTING
30 DAY NOTIFICATION AFTER CHANGE OF
OWNERSHIP, CLOSURE/UPGRADE, CHANGE IN
REGISTRATION OR FINANCIAL RESPONSIBILITY 8 450(1)b N N
450(1)(b)REGISTRATION UPDATE AFTER CHANGE
OF OWNERSHIP, CLOSURE/UPGRADE, OR
CHANGE IN FINANCIAL RESPONSIBILITY
NOT SUBMITTED WITHIN 30 DAYS
451(1)(b)REGISTRATION UPDATE AFTER CHANGE
OF OWNERSHIP, CLOSURE/UPGRADE, OR
CHANGE IN FINANCIAL RESPONSIBILITY
NOT SUBMITTED WITHIN 30 DAYS
NOTIFICATION &
REPORTING
INCIDENT NOTIFICATION (INF) IN 24 HOURS, OR
NEXT BUSINESS DAY 9 450(2)(a)N N
450(2)INCIDENT NOT REPORTED WITHIN 24
HOURS OR BY NEXT BUSINESS DAY
451(2)INCIDENT NOT REPORTED WITHIN 24
HOURS OR BY NEXT BUSINESS DAY
NOTIFICATION &
REPORTING
DISCHARGE REPORTING (DRF) WITHIN 24
HOURS, OR NEXT BUSINESS DAY 10 450(3)(a)B N
450(3)(a)DISCHARGE NOT REPORTED WITHIN 24
HOURS OR BY NEXT BUSINESS DAY
451(3)(a)DISCHARGE NOT REPORTED WITHIN 24
HOURS OR BY NEXT BUSINESS DAY
NOTIFICATION &
REPORTING COPY OF ANALYTICAL/TEST RESULTS WITH DRF 11 450(3)(b)N R
450(3)(b)COPY OF ANALYTICAL OR FIELD TEST
RESULTS CONFIRMING DISCHARGE NOT
SUBMITTED WITH DRF
451(3)(b)COPY OF ANALYTICAL OR FIELD TEST
RESULTS CONFIRMING DISCHARGE NOT
SUBMITTED WITH DRF
CATEGORY C SYSTEMS -
GENERAL PERFORMANCE SITING 12 500(1)(a)N I
500(1)(a)SITING REQUIREMENTS NOT MET 501(1)(a)SITING REQUIREMENTS NOT MET
CATEGORY C SYSTEMS -
GENERAL PERFORMANCE EXTERIOR COATINGS 13 500(1)(b)N I
501(1)(b)AST SYSTEM EXTERIOR COATING DOES
NOT MEET STANDARDS
CATEGORY C SYSTEMS -
GENERAL PERFORMANCE SPILL CONTAINMENT 14 500(1)(c)B I
500(1)(b)IMPERVIOUS SPILL CONTAINMENT NOT
INSTALLED OR DOES NOT MEET
STANDARDS
501(1)(c)IMPERVIOUS SPILL CONTAINMENT NOT
INSTALLED OR DOES NOT MEET
STANDARDS
CATEGORY C SYSTEMS -
GENERAL PERFORMANCE DISPENSING SYSTEMS 15 500(1)(d)N I
500(1)(c)DISPENSING SYSTEMS DO NOT MEET
STANDARDS
501(1)(d)DISPENSING SYSTEMS DO NOT MEET
STANDARDS
CATEGORY C SYSTEMS -
GENERAL PERFORMANCE SECONDARY CONTAINMENT/LINERS 16 500(1)(e)1,2 B I
500(1)(d)1-2 SECONDARY CONTAINMENT/LINERS
DOES NOT MEET GENERAL STANDARDS
501(1)(e)1-2 SECONDARY CONTAINMENT/LINERS
DOES NOT MEET STANDARDS
GUIDANCE DOCUMENT A - VIOLATION LIST
Page 4773 of 9661
Category 1998-2004 Violation Text V#1998-2004 Cite Sig ReEval End Date
New UST Cite New Violation text New AST Cite New Violation text
CATEGORY C SYSTEMS -
GENERAL PERFORMANCE CONCRETE SECONDARY CONTAINMENT 17 500(1)(e)3 B I
500(1)(d)3 CONCRETE SECONDARY CONTAINMENT
DOES NOT MEET STANDARDS
501(1)(e)3 CONCRETE SECONDARY CONTAINMENT
DOES NOT MEET STANDARDS
CATEGORY C SYSTEMS -
GENERAL PERFORMANCE
CONTAINMENT DOESN'T INTERFERE WITH
CATHODIC PROTECTION 18 500(1)(e)4 N I
500(1)(e)4 SECONDARY CONTAINMENT NOT
PROPERLY DESIGNED OR CONSTRUCTED
FOR RELEASE DETECTION, BREECH OF
INTEGRITY, OR CATHODIC PROTECTION
501(1)(e)4 SECONDARY CONTAINMENT NOT
PROPERLY DESIGNED OR CONSTRUCTED
FOR RELEASE DETECTION, OR CATHODIC
PROTECTION
CATEGORY C SYSTEMS -
GENERAL PERFORMANCE
CLOSED INTERSTICE SYSTEMS DESIGNED /
TESTED FOR BREACH OF INTEGRITY 19 500(1)(e)5 N I
500(1)(e)5 FAILURE TO ALLOW FOR/PERFORM A
BREACH OF INTEGRITY TEST
501(1)(e)5 FAILURE TO ALLOW FOR/PERFORM A
BREACH OF INTEGRITY TEST
CATEGORY C SYSTEMS -
GENERAL PERFORMANCE
MONITORING POINT FOR SECONDARY
CONTAINMENT 20 500(1)(e)6 N I
500(1)(e)6 FAILURE TO PROVIDE A MONITORING
POINT FOR SECONDARY CONTAINMENT
501(1)(e)6 FAILURE TO PROVIDE A MONITORING
POINT FOR SECONDARY CONTAINMENT
CATEGORY C SYSTEMS -
GENERAL PERFORMANCE
SECONDARY CONTAINMENT/SPILL PREVENTION
FOR AIRPORT AND HYDRANT PITS 21 500(1)(e)7 N I
500(1)(e)7 HYDRANT PIT SECONDARY
CONTAINMENT DOES NOT MEET
STANDARDS
501(1)(e)7 HYDRANT PIT SECONDARY
CONTAINMENT DOES NOT MEET
STANDARDS
CATEGORY C SYSTEMS -
GENERAL PERFORMANCE
CATHODIC PROTECTION TEST
STATION/MONITORING METHOD DESIGNED AND
INSTALLED PROPERLY 22 500(1)(f)1& 3 N I
501(1)(f)1 CATHODIC PROTECTION TEST
STATION/MONITORING METHOD NOT
DESIGNED AND INSTALLED PROPERLY
501(1)(f)1 CATHODIC PROTECTION TEST
STATION/MONITORING METHOD NOT
DESIGNED AND INSTALLED PROPERLY
22 500(1)(f)1& 3 N I
501(1)(f)3 CATHODIC PROTECTION NOT DESIGNED
BY CORROSION PROFESSIONAL
501(1)(f)3 CATHODIC PROTECTION NOT DESIGNED
BY CORROSION PROFESSIONAL
CATEGORY C SYSTEMS -
GENERAL PERFORMANCE
CATHODIC PROTECTION TEST STATION/METHOD
AND OPERATION REQUIREMENTS 23 500(1)(f)2 N I
500(1)(e)2 CATHODIC PROTECTION TEST
STATION/METHOD AND OPERATION DOES
NOT MEET REQUIREMENTS
501(1)(f)2 CATHODIC PROTECTION TEST
STATION/METHOD AND OPERATION DOES
NOT MEET REQUIREMENTS
CATEGORY C SYSTEMS -
GENERAL PERFORMANCE
UNDERGROUND TANK RELOCATION
REQUIREMENTS MET 24 500(1)(g)N I
500(1)(f)UNDERGROUND TANK RELOCATION
REQUIREMENTS NOT MET
CATEGORY C SYSTEMS -
GENERAL PERFORMANCE
ABOVEGROUND TANK RELOCATION
REQUIREMENTS MET 25 500(1)(h)N I
501(1)(g)ABOVEGROUND TANK RELOCATION
REQUIREMENTS NOT MET
CATEGORY C SYSTEMS -
GENERAL PERFORMANCE REUSED TANKS PROPERLY CERTIFIED 26 500(1)l N R
500(1)(h)REUSED TANKS NOT PROPERLY
CERTIFIED
501(1)(h)REUSED TANKS NOT PROPERLY
CERTIFIED
CATEGORY C SYSTEMS -
UST SYSTEMS
INSTALLED ACCORDING TO MANUFACTURER'S
INSTRUCTIONS 27 500(2)(a)1 N I
500(2)(a) NOT INSTALLED ACCORDING TO
MANUFACTURER'S INSTRUCTIONS
CATEGORY C SYSTEMS -
UST SYSTEMS
INSTALLED ACCORDING TO REFERENCE
STANDARDS - NFPA 30; NFPA 30A; API 1615; PEI
100 28 500(2)(a)2 B I
500(2)(b)INSTALLED ACCORDING TO REFERENCE
STANDARDS - NFPA 30; NFPA 30A; API
1615; PEI 100
CATEGORY C SYSTEMS -
UST SYSTEMS
WORK PERFORMED BY A CERTIFIED
CONTRACTOR 29 500(2)(a)3 N R
500(2)(c)WORK NOT PERFORMED BY A CERTIFIED
CONTRACTOR
CATEGORY C SYSTEMS -
UST SYSTEMS
TANK AND INTEGRAL PIPING TESTED PROPERLY
(TIGHTNESS OR APPROVED TEST METHOD)30 500(2)(a)4 N I
500(2)(d)TANK AND INTEGRAL PIPING NOT TESTED
PROPERLY (TIGHTNESS OR APPROVED
TEST METHOD)
CATEGORY C SYSTEMS -
UST SYSTEMS
TANK CONSTRUCTED TO STANDARDS, OR
APPROVED PER 62-761.850(2)31 500(2)(b)N I
500(3)TANK NOT CONSTRUCTED TO
STANDARDS, OR APPROVED PER 62-
761.850(2)
CATEGORY C SYSTEMS -
UST SYSTEMS INSTALLED WITH SECONDARY CONTAINMENT 32 500(2)(c)B I
500(4)NOT INSTALLED WITH SECONDARY
CONTAINMENT
CATEGORY C SYSTEMS -
UST SYSTEMS OVERFILL PROTECTION 33 500(2)(d)B I
500(5)UST NOT PROVIDED WITH OVERFILL
PROTECTION
CATEGORY C SYSTEMS -
UST SYSTEMS
FILLBOX COVERS MARKED ACCORDING TO API
RP 1637, OR EQUIVALENT METHOD 34 500(2)(d)1 N I
500(5)(a)FILLBOX COVERS NOT MARKED
ACCORDING TO API RP 1637, OR
EQUIVALENT METHOD
Page 4774 of 9661
Category 1998-2004 Violation Text V#1998-2004 Cite Sig ReEval End Date
New UST Cite New Violation text New AST Cite New Violation text
CATEGORY C SYSTEMS -
UST SYSTEMS UST PROVIDED WITH OVERFILL PROTECTION 35 500(2)(d)2 B I
500(5)(b)FAILURE TO PROVIDE OVERFILL THAT
SHUTS OFF/RESTRICTS FLOW OR
TRIGGERS ALARM
CATEGORY C SYSTEMS -
UST SYSTEMS
DISPENSER LINERS INSTALLED, TESTED AND
ALLOW FOR INTERSTITIAL MONITORING 36 500(2)(e)B I
500(6)DISPENSER LINERS NOT INSTALLED,
TESTED AND ALLOW FOR INTERSTITIAL
MONITORING
CATEGORY C SYSTEMS -
UST SYSTEMS
DISPENSER LINERS ALLOW FOR INTERSTITIAL
MONITORING 37 500(2)(e)3 B I 30-Jun-00
CATEGORY C SYSTEMS -
UST SYSTEMS
PIPING SUMPS INSTALLED, TESTED AND ALLOW
FOR INTERSTITIAL MONITORING 38 500(2)(f)B I
500(7)PIPING SUMPS NOT INSTALLED, TESTED
AND ALLOW FOR INTERSTITIAL
MONITORING
CATEGORY C SYSTEMS -
UST SYSTEMS
PIPING SUMPS ALLOW FOR INTERSTITIAL
MONITORING 39 500(2)(f)3 B I 30-Jun-00
CATEGORY C SYSTEMS -
AST SYSTEMS
INSTALLED ACCORDING TO MANUFACTURER'S
INSTRUCTIONS 40 500(3)(a)1 N I
501(2)(a)INSTALLED ACCORDING TO NFPA 30,
NFPA 30A, PEI RP 200-96, AND TO
MANUFACTURER'S INSTRUCTIONS
CATEGORY C SYSTEMS -
AST SYSTEMS
INSTALLED ACCORDING TO NFPA 30, NFPA 30A,
PEI RP 200-96 41 500(3)(a)2 N I
CATEGORY C SYSTEMS -
AST SYSTEMS
CONSTRUCTED TO REFERENCE STANDARDS OR
APPROVED PER 62-761.850(2)42 500(3)(b)N R
501(2)(b)1 SHOP-FABRICATED TANKS NOT
CONSTRUCTED TO REFERENCE
STANDARDS OR APPROVED PER 62-
761.850(2)
42 500(3)(b)N R
501(2)(b)2 FIELD-ERECTED TANKS NOT
CONSTRUCTED TO REFERENCE
STANDARDS OR APPROVED PER 62-
761.850(2)
42 500(3)(b)N R
501(2)(b)3 NEW FIELD ERECTED TANKS DOES NOT
HAVE API 653 INSPECTION SCHEDULE
ESTABLISHED
42 500(3)(b)N R
501(2)(b)4 CATHODIC PROTECTION INSTALLATION
DOES NOT MEET REQUIREMENTS
CATEGORY C SYSTEMS -
AST SYSTEMS
INSTALLED WITH SECONDARY CONTAINMENT
FOR NON-EXEMPT AST SYSTEMS 43 500(3)(c)B I
501(2)(c)INSTALLED WITH SECONDARY
CONTAINMENT FOR NON-EXEMPT AST
SYSTEMS
43 500(3)(c)B I
501(2)(c)2 CONTAINMENT BENEATH FIELD ERECTED
TANK DOES NOT MEET API 650
43 500(3)(c)B I
501(2)(c)3a DIKE FIELD CONTAINMENT DOES NOT
MEETS NFPA 30 CH. 2-3
CATEGORY C SYSTEMS -
AST SYSTEMS 110% CONTAINMENT 44 500(3)(c)3b N I
501(2)(c)3b 110% CONTAINMENT NOT MET
CATEGORY C SYSTEMS -
AST SYSTEMS CONTAINMENT PROVIDED WITH DRAINAGE 45 500(3)(c)3c N I
501(2)(c)3c CONTAINMENT NOT PROVIDED WITH
DRAINAGE
CATEGORY C SYSTEMS -
AST SYSTEMS
PENETRATIONS THROUGH CONTAINMENT
PROPERLY SEALED 46 500(3)(c)3d N I
501(2)(c)3d PENETRATIONS THROUGH CONTAINMENT
NOT PROPERLY SEALED
46 500(3)(c)3d N I
501(2)(c)3e STEEL CONTAINMENT NOT TESTED PER
UL 142
CATEGORY C SYSTEMS -
AST SYSTEMS
API RP 2350 OVERFILL PROTECTION/FUEL
TRANSFER MONITORING 47 500(3)(d)N I 20-Jan-00
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New UST Cite New Violation text New AST Cite New Violation text
CATEGORY C SYSTEMS -
AST SYSTEMS FUEL TRANSFER MONITORED 48 500(3)(d)1 B I
501(2)(d)1 FUEL TRANSFER NOT MONITORED
CATEGORY C SYSTEMS -
AST SYSTEMS
OVERFILL PROTECTION PERFORMED PER API
RP 2350 FOR WATERFRONT FACILITIES WITH
FIELD ERECTED GASOLINE STORAGE TANKS 49 500(3)(d)2 B I
501(2)(d)2 OVERFILL PROTECTION NOT
PERFORMED PER API RP 2350 FOR
WATERFRONT FACILITIES WITH FIELD
ERECTED GASOLINE STORAGE TANKS
CATEGORY C SYSTEMS -
AST SYSTEMS
FILLBOX COVERS MARKED ACCORDING TO API
RP 1637, OR EQUIVALENT METHOD 50 500(3)(d)3 N I
501(2)(d)3 FILLBOX COVERS NOT MARKED
ACCORDING TO API RP 1637, OR
EQUIVALENT METHOD
CATEGORY C SYSTEMS -
AST SYSTEMS OVERFILL PROTECTION 51 500(3)(d)N I 20-Jan-00
CATEGORY C SYSTEMS -
AST SYSTEMS
LEVEL GAUGE/HI-LEVEL ALARM/PUMP
SHUTOFF/GAUGING STICK PROVIDED 52 500(3)(d)4,5 B I
501(2)(d)4 LEVEL GAUGE/HI-LEVEL ALARM/PUMP
SHUTOFF/GAUGING STICK NOT
PROVIDED
CATEGORY C SYSTEMS -
AST SYSTEMS
DISPENSER LINERS INSTALLED, TESTED AND
ALLOW FOR INTERSTITIAL MONITORING 53 500(3)(e)B I
501(2)(e)DISPENSER LINERS NOT INSTALLED,
TESTED AND ALLOW FOR INTERSTITIAL
MONITORING
CATEGORY C SYSTEMS -
AST SYSTEMS
DISPENSER LINERS ALLOW FOR INTERSTITIAL
MONITORING 54 500(3)(e)3 B I 30-Jun-00
CATEGORY C SYSTEMS -
AST SYSTEMS
PIPING SUMPS INSTALLED, TESTED AND ALLOW
FOR INTERSTITIAL MONITORING 55 500(3)f B I
501(2)(f)PIPING SUMPS NOT INSTALLED, TESTED
AND ALLOW FOR INTERSTITIAL
MONITORING
CATEGORY C SYSTEMS -
AST SYSTEMS
PIPING SUMPS ALLOW FOR INTERSTITIAL
MONITORING 56 500(3)(f)3 B I 30-Jun-00
CATEGORY C SYSTEMS -
INTEGRAL PIPING
INSTALLED ACCORDING TO REFERENCE
STANDARDS - NFPA30, 30A, ASME B31.4, AND
MANUFACTURER'S INSTRUCTIONS 57 500(4)(a)1,2 B I
500(8)(a)1,2 NOT INSTALLED ACCORDING TO
REFERENCE STANDARDS - NFPA30, 30A,
ASME B31.4, AND MANUFACTURER'S
INSTRUCTIONS
501(3)(a)1, 2 NOT INSTALLED ACCORDING TO
REFERENCE STANDARDS - NFPA30, 30A,
ASME B31.4, AND MANUFACTURER'S
INSTRUCTIONS
CATEGORY C SYSTEMS -
INTEGRAL PIPING
AST ASSOCIATED PIPING HAS APPROPRIATED
TEST BEFORE PLACED IN SERVICE 58 500(4)(a)3 N I
500(8)(a)3 BULK PRODUCT UST PIPING NOT
APPROPRIATELY TESTED BEFORE
PLACED IN SERVICE
501(3)(a)3 AST ASSOCIATED PIPING NOT
APPROPRIATELY TESTED BEFORE
PLACED IN SERVICE
500(4)(a)4 B I
500(8)(a)4 NEW PIPING NOT IN CONTACT WITH SOIL
NOT INSTALLED TO STANDARDS
501(3)(a)4 NEW PIPING NOT IN CONTACT WITH SOIL
NOT INSTALLED TO STANDARDS
CATEGORY C SYSTEMS -
INTEGRAL PIPING
PIPING MEETS REFERENCE STANDARDS
AND/OR APPROVED PER 62-761.850(2)59 500(4)(b)B R
500(8)(b)PIPING NOT MEETING REFERENCE
STANDARDS AND / OR APPROVED PER 62-
761.850(2)
501(3)(b)PIPING NOT MEETING REFERENCE
STANDARDS AND / OR APPROVED PER 62-
762.851(2)
CATEGORY C SYSTEMS -
INTEGRAL PIPING
SMALL DIAMETER PIPING PRESSURIZED: SHEAR,
EMERGENCY SHUTOFF VALVES PROPERLY
INSTALLED 60 500(4)(c)1 N I
500(8)(c)1 SMALL DIAMETER PIPING PRESSURIZED:
SHEAR, EMERGENCY SHUTOFF VALVES
NOT PROPERLY INSTALLED
501(3)(c)1 SMALL DIAMETER PIPING PRESSURIZED:
SHEAR, EMERGENCY SHUTOFF VALVES
NOT PROPERLY INSTALLED
CATEGORY C SYSTEMS -
INTEGRAL PIPING
SMALL DIAMETER PIPING WITH GRAVITY-HEAD:
ISOLATION VALVES PROPERLY INSTALLED AND
MEET NFPA 30A SECTION 2-1.7 61 500(4)(c)2 N I
500(8)(c)2 SMALL DIAMETER PIPING WITH GRAVITY-
HEAD: ISOLATION VALVES NOT
PROPERLY INSTALLED AND NOT
MEETING NFPA 30A SECTION 2-1.7
501(3)(c)2 SMALL DIAMETER PIPING WITH GRAVITY-
HEAD: ISOLATION VALVES NOT
PROPERLY INSTALLED AND NOT
MEETING NFPA 30A SECTION 2-1.7
CATEGORY C SYSTEMS -
INTEGRAL PIPING
BULK PRODUCT PIPING INSTALLED ACCORDING
TO REFERENCE STANDARDS - NFPA 30, 30A,
ASME B31.4 62 500(4)(d)B I
500(8)(d)BULK PRODUCT PIPING NOT INSTALLED
ACCORDING TO REFERENCE STANDARDS
- NFPA 30, 30A, ASME B31.4
501(3)(d) BULK PRODUCT PIPING NOT INSTALLED
ACCORDING TO REFERENCE STANDARDS
- NFPA 30, 30A, ASME B31.4
CATEGORY C SYSTEMS -
INTEGRAL PIPING
PIPING IN SOIL OR OVER WATER HAS
SECONDARY CONTAINMENT 63 500(4)(e)1 B I
500(8)(e)1 PIPING IN SOIL OR OVER WATER DOES
NOT HAVE SECONDARY CONTAINMENT
501(3)(e)1 PIPING IN SOIL OR OVER WATER DOES
NOT HAVE SECONDARY CONTAINMENT
Page 4776 of 9661
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CATEGORY C SYSTEMS -
INTEGRAL PIPING
BULK PRODUCT AND REMOTE FILL PIPING IN
SOIL HAS SECONDARY CONTAINMENT 64 500(4)(e)2,3 B I
500(8)(e)2,3 BULK PRODUCT AND REMOTE FILL
PIPING IN SOIL DOES NOT HAVE
SECONDARY CONTAINMENT
501(3)(e)2-3 BULK PRODUCT AND REMOTE FILL
PIPING IN SOIL DOES NOT HAVE
SECONDARY CONTAINMENT
CATEGORY A/B SYSTEMS -
GENERAL PERFORMANCE
SHEAR OR EMERGENCY SHUTOFF VALVES
INSTALLED BY 12/31/1998 65 510(1)(b)1 B I
510(1)(b)1 SHEAR OR EMERGENCY SHUTOFF
VALVES NOT INSTALLED BY 12/31/1998
511(1)(b)1 SHEAR OR EMERGENCY SHUTOFF
VALVES NOT INSTALLED BY 12/31/1998
CATEGORY A/B SYSTEMS -
GENERAL PERFORMANCE
CATHODIC PROTECTION TEST STATION METHOD
BY 12/31/1998 66 510(1)(b)2 N I
510(1)(b)2 NO CATHODIC PROTECTION TEST
STATION METHOD BY 12/31/1998
511(1)(b)2 NO CATHODIC PROTECTION TEST
STATION METHOD BY 12/31/1998
CATEGORY A/B SYSTEMS -
GENERAL PERFORMANCE FILL BOXES COLOR-CODED BY 12/31/1998 67 510(1)(b)3 N I
510(1)(b)3 FILL BOXES COLOR-NOT CODED BY
12/31/1998
CATEGORY A/B SYSTEMS -
GENERAL PERFORMANCE
UST'S REINSTALLED AS AST'S OR VICE VERSA
MEET RULE BY 12/31/1998 68 510(1)(b)4 N R
510(1)(b)4 AST'S REINSTALLED AS UST'S NOT
MEETING RULE BY 12/31/1998
511(1)(b)3 UST'S REINSTALLED AS AST'S NOT
MEETING RULE BY 12/31/1998
CATEGORY A/B SYSTEMS -
GENERAL PERFORMANCE
CLOSURE ASSESSMENT PRIOR TO TANK
SYSTEM COMPONENT UPGRADE 69 510(1)(c)B R
510(1)(c)NO CLOSURE ASSESSMENT PRIOR TO
TANK SYSTEM COMPONENT UPGRADE
511(1)(c)NO CLOSURE ASSESSMENT PRIOR TO
TANK SYSTEM COMPONENT
INSTALLATION OR UPGRADE
CATEGORY A/B SYSTEMS -
GENERAL PERFORMANCE
VALVES MEETING NFPA 30A STANDARDS
REQUIRED FOR PIPING SYSTEMS WITH GRAVITY
HEAD 70 510(1)(d)N I
510(1)(d)NO VALVES MEETING NFPA 30A
STANDARDS INSTALLED FOR PIPING
SYSTEMS WITH GRAVITY HEAD
511(1)(d) NO VALVES MEETING NFPA 30A
STANDARDS INSTALLED FOR PIPING
SYSTEMS WITH GRAVITY HEAD
CATEGORY A/B SYSTEMS -
GENERAL PERFORMANCE
SECONDARY CONTAINMENT FOR PIPE OVER
WATER BY 12/21/2004 71 510(1)(e)B I
510(1)(e)NO SECONDARY CONTAINMENT FOR PIPE
OVER WATER BY 12/31/2004
511(1)(e)NO SECONDARY CONTAINMENT FOR PIPE
OVER WATER BY 12/21/2004
CATEGORY A/B SYSTEMS -
UST SYSTEMS CATEGORY A PROTECTED FROM CORROSION 72 510(2)(a)A I 30-Jun-00
CATEGORY A/B SYSTEMS -
UST SYSTEMS
CATEGORY B USTS INSTALLED WITH
SECONDARY CONTAINMENT 73 510(2)(b)1 A I
510(3)(a)CATEGORY B USTS NOT INSTALLED WITH
SECONDARY CONTAINMENT
CATEGORY A/B SYSTEMS -
UST SYSTEMS
HAZARDOUS SUBSTANCE USTS INSTALLED
AFTER 1/1/1991 HAVE SECONDARY
CONTAINMENT 74 510(2)(b)2 A I
510(3)(b)HAZARDOUS SUBSTANCE USTS
INSTALLED AFTER 1/1/1991 DOES NOT
HAVE SECONDARY CONTAINMENT
CATEGORY A/B SYSTEMS -
UST SYSTEMS
PIPING INSTALLED WITH SECONDARY
CONTAINMENT AFTER 12/31/1990 75 510(2)(c)A I
510(4)PIPING NOT INSTALLED WITH
SECONDARY CONTAINMENT AFTER
12/31/1990
CATEGORY A/B SYSTEMS -
UST SYSTEMS
ALL SYSTEMS MEET REQUIREMENTS OF TABLE
UST 76 510(2)(d)A I
510(5)ALL SYSTEMS NOT MEETING
REQUIREMENTS OF TABLE UST
CATEGORY A/B SYSTEMS -
AST SYSTEMS
MET 17-61 REQUIREMENTS BY 1/1/1990 IF
APPLICABLE 77 510(3)(a)A N
511(2)(a)HAS NOT MET 17-61 REQUIREMENTS BY
1/1/1990 IF APPLICABLE
CATEGORY A/B SYSTEMS -
AST SYSTEMS
CATEGORY B ASTS INSTALLED WITH
SECONDARY CONTAINMENT 78 510(3)(b)A I
511(2)(b)CATEGORY B ASTS NOT INSTALLED WITH
SECONDARY CONTAINMENT
CATEGORY A/B SYSTEMS -
AST SYSTEMS
CATEGORY B PIPING INSTALLED WITH
SECONDARY CONTAINMENT 79 510(3)(c)A I
511(2)(c)CATEGORY B PIPING NOT INSTALLED
WITH SECONDARY CONTAINMENT
CATEGORY A/B SYSTEMS -
AST SYSTEMS
CATEGORY A & B ASTS MEET REQUIREMENTS
OF TABLE AST 80 510(3)(d)A I
511(2)(d)CATEGORY A & B ASTS DO NOT MEET
REQUIREMENTS OF TABLE AST
RELEASE DETECTION -
GENERAL
CAN DETECT A NEW RELEASE FROM ANY
PORTION OF THE SYSTEM 81 600(1)(a)1 N I
600(1)(a)1 CANNOT DETECT A NEW RELEASE FROM
ANY PORTION OF THE SYSTEM
601(1)(a)1 CANNOT DETECT A NEW RELEASE FROM
ANY PORTION OF THE SYSTEM
RELEASE DETECTION -
GENERAL
INSTALLED, CALIBRATED, OPERATED PER
MANUFACTURER'S SPECIFICATIONS 82 600(1)(a)2 N I
600(1)(a)2 NOT INSTALLED, CALIBRATED,
OPERATED PER MANUFACTURER'S
SPECIFICATIONS
601(1)(a)2 NOT INSTALLED, CALIBRATED,
OPERATED PER MANUFACTURER'S
SPECIFICATIONS
RELEASE DETECTION -
GENERAL
MEETS PERFORMANCE STANDARDS; ALL
MANUFACTURER'S CLAIMS RETAINED 83 600(1)(a)3 N R
600(1)(a)3 NOT MEETING PERFORMANCE
STANDARDS; NOR ALL MANUFACTURER'S
CLAIMS RETAINED
601(1)(a)3 NOT MEETING PERFORMANCE
STANDARDS; NOR ALL MANUFACTURER'S
CLAIMS RETAINED
RELEASE DETECTION -
GENERAL
WRITTEN RELEASE DETECTION RESPONSE
LEVEL FOR SYSTEM 84 600(1)(b); 640(1)(c)N R 26-Jan-00
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RELEASE DETECTION -
GENERAL
RELEASE DETECTION METHOD PROVIDED UPON
INSTALLATION 85 600(1)(c)N R
600(1)(c)RELEASE DETECTION METHOD NOT
PROVIDED UPON INSTALLATION
601(1)(c)RELEASE DETECTION METHOD NOT
PROVIDED UPON INSTALLATION
RELEASE DETECTION -
GENERAL
RELEASE DETECTION PERFORMED AT LEAST
ONCE A MONTH 86 600(1)(d)B R
600(1)(d)RELEASE DETECTION NOT PERFORMED
AT LEAST ONCE A MONTH
601(1)(d)RELEASE DETECTION NOT PERFORMED
AT LEAST ONCE A MONTH
RELEASE DETECTION -
GENERAL
CONTINUOUS ELECTRONIC LEAK DETECTION
INSPECTED MONTHLY 87 600(1)(e)N R
600(1)(e)CONTINUOUS ELECTRONIC LEAK
DETECTION NOT INSPECTED MONTHLY
601(1)(e)VISIBLE STORAGE TANK COMPONENTS
AND CONTINUOUS ELECTRONIC LEAK
DETECTION NOT INSPECTED MONTHLY
RELEASE DETECTION -
GENERAL
SITE SUITABILITY DETERMINATION (USTS BY
12/31/1998, ASTS BY 1/1/2000)88 600(1)(f)B R
600(1)(f)SITE SUITABILITY DETERMINATION NOT
PERFORMED BY 12/31/1998
601(1)(f)SITE SUITABILITY DETERMINATION NOT
PERFORMED BY 1/1/2000
RELEASE DETECTION -
GENERAL
VAPOR MONITORING PLANS IN PLACE BY
12/31/1998 89 600(1)(g)B R
600(1)(g)VAPOR MONITORING PLANS NOT IN
PLACE BY 12/31/1998
601(1)(g)VAPOR MONITORING PLANS NOT IN
PLACE BY 1/1/2000
RELEASE DETECTION -
GENERAL
INTERSTITIAL MONITORING FOR SECONDARY
CONTAINMENT 90 600(1)(h)B I
600(1)(h)NO INTERSTITIAL MONITORING FOR
SECONDARY CONTAINMENT
601(1)(h)NO INTERSTITIAL MONITORING FOR
SECONDARY CONTAINMENT
RELEASE DETECTION -
GENERAL
LINE LEAK DETECTOR PROVIDED FOR
PRESSURIZED PIPING 91 600(1)(i)B I
600(1)(i)LINE LEAK DETECTOR NOT PROVIDED
FOR PRESSURIZED PIPING
601(1)(i)LINE LEAK DETECTOR NOT PROVIDED
FOR PRESSURIZED PIPING
91 600(1)(i)B I
600(1)(j)STORAGE TANK SYSTEM WITHOUT
RELEASE DETECTION BY DUE DATE NOT
PERMANENTLY CLOSED
601(1)(j)STORAGE TANK SYSTEM WITHOUT
RELEASE DETECTION BY DUE DATE NOT
PERMANENTLY CLOSED
RELEASE DETECTION -
GENERAL
MONITORING WELLS NO LONGER USED FOR
RELEASE DETECTION CLOSED 92 600(1)(k)N I
600(1)(k)MONITORING WELLS NO LONGER USED
FOR RELEASE DETECTION NOT CLOSED
601(1)(k)MONITORING WELLS NO LONGER USED
FOR RELEASE DETECTION NOT CLOSED
RELEASE DETECTION - UST
SYSTEMS
RELEASE DETECTION PROVIDED ACCORDING
TO TABLE RD 93 600(2)(a)A I
600(2)RELEASE DETECTION NOT PROVIDED
ACCORDING TO TABLE RD
RELEASE DETECTION - UST
SYSTEMS
GROUNDWATER MONITORING PLANS OR SPCC
PLANS BEFORE 12/22/90 MEET 62-761.640(1)(A)94 600(2)(b)N R
600(3)GROUNDWATER MONITORING PLANS OR
SPCC PLANS BEFORE 12/22/90 DO NOT
MEET 62-761.640(1)(A)
RELEASE DETECTION - UST
SYSTEMS
MONITORING WELLS MEET 62-761.640(2) BY
12/31/1998 95 600(2)(d)N R
600(5)MONITORING WELLS NOT MEETING 62-
761.640(2) BY 12/31/1998
RELEASE DETECTION - AST
SYSTEMS
GROUNDWATER MONITORING OR SPCC PLANS
SHALL MEET 62-761.640(1)(A) BY 12/31/1999 96 600(3)(a)N R
601(2)(a) GROUNDWATER MONITORING OR SPCC
PLANS SHALL NOT MEETING 62-
761.640(1)(A) BY 12/31/1999
RELEASE DETECTION - AST
SYSTEMS
MONITORING WELLS MEET 62-761.640(2) BY
1/1/2000 OR CLOSE 97 600(3)(b)N I
601(2)(b)MONITORING WELLS DO NOT MEET 62-
761.640(2) BY 1/1/2000 OR NOT CLOSED
RELEASE DETECTION - AST
SYSTEMS
RELEASE DETECTION FOR FIELD-ERECTED
TANKS MEETS API STANDARD 650, APPENDIX I 98 600(3)(c)N R
601(2)(c)RELEASE DETECTION FOR FIELD-
ERECTED TANKS DOES NOT MEET API
STANDARD 650, APPENDIX I
RELEASE DETECTION - AST
SYSTEMS
RELEASE DETECTION FOR INTERNALLY-LINED
TANKS MEETS 62-761.640(2)99 600(3)(d)B I
601(2)(d)RELEASE DETECTION FOR INTERNALLY-
LINED TANKS DOES NOT MEET 62-
761.640(2)
RELEASE DETECTION - AST
SYSTEMS
RELEASE DETECTION FOR AST PIPING IN
CONTACT WITH THE SOIL 100 600(3)(e)B I
601(2)(e)NO RELEASE DETECTION FOR AST
PIPING IN CONTACT WITH THE SOIL
RELEASE DETECTION - AST
SYSTEMS
GROUNDWATER MONITORING PLAN OR SPCC
PLAN MEETS 62-761.610 BY 12/31/1999 101 600(3)(f)N I
601(2)(f)GROUNDWATER MONITORING PLAN OR
SPCC PLAN NOT MEETING 62-761.611 BY
12/31/1999
RELEASE DETECTION - AST
SYSTEMS
VISUAL INSPECTION FOR ASTS WITH HIGH
VISCOSITY REGULATED SUBSTANCES 102 600(3)(g)B I
601(2)(g)VISUAL INSPECTION FOR HIGH
VISCOSITY ASTS
RELEASE DETECTION -
GENERAL
CATEGORIES A & B HAVE RELEASE DETECTION,
AND RD MEETS STANDARDS 103 610(1)(a)B I
610(1)(a)CATEGORIES A & B NO RELEASE
DETECTION, AND RD NOT MEETING
STANDARDS
611(1)(a)CATEGORIES A & B RELEASE DETECTION
NOT MEETING STANDARDS
Page 4778 of 9661
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New UST Cite New Violation text New AST Cite New Violation text
RELEASE DETECTION -
GENERAL
CATEGORY C RELEASE DETECTION IS
INTERSTITIAL MONITORING FOR SECONDARY-
CONTAINED TANKS, ALL PIPING; LINE LEAK
DETECTOR FOR PRESSURIZED PIPING;
CONTINUOUS INTERSTITIAL MONITORING WITH
PUMP SHUTOFF FOR SECONDARY-CONTAINED
PRESSURIZED PIPING.104 610(1)(b)A I
610(1)(b)CATEGORY C RELEASE DETECTION IS
NOT: INTERSTITIAL MONITORING FOR
SECONDARY-CONTAINED TANKS, ALL
PIPING; LINE LEAK DETECTOR FOR
PRESSURIZED PIPING; CONTINUOUS
INTERSTITIAL MONITORING WITH PUMP
SHUTOFF FOR SECONDARY-CONTAINED
PRESSURIZED PIPING.
611(1)(b)CATEGORY C SYSTEM DOES NOT HAVE
APPROVED RELEASE DETECTION
METHOD - INTERSTITIAL MONITORING,
LEAK DETECTOR AND BREACH OF
INTEGRITY AS APPLICABLE
RELEASE DETECTION -
GENERAL
CATEGORY C SYSTEMS HAVE BREACH OF
INTEGRITY TEST EVERY 5 YEARS 105 610(1)(b)N R 20-Jan-00
RELEASE DETECTION - UST
SYSTEMS
CATEGORY A & B SYSTEMS HAVE RELEASE
DETECTION METHOD 106 610(2)A I
610(2)CATEGORY A & B SYSTEMS DO NOT
HAVE RELEASE DETECTION METHOD
RELEASE DETECTION - AST
SYSTEMS
CATEGORY A & B SYSTEMS HAVE RELEASE
DETECTION 107 610(3)(a)A I
611(2)(a)1 CATEGORY A & B TANKS DOES NOT HAVE
APPROVED RELEASE DETECTION
METHOD
RELEASE DETECTION - AST
SYSTEMS
VISUAL INSPECTION OF AST SYSTEM AND
CONTAINMENT ONCE A MONTH 108 610(3)(b)B N
611(2)(a)2 VISUAL INSPECTION OF EXEMPT OR
SINGLE WALLED AST SYSTEM AND
CONTAINMENT NOT PERFORMED ONCE A
MONTH
108 610(3)(b)B N
611(2)(a)3 INTERNALLY LINED AND CUT AND COVER
TANKS DO NOT HAVE RELEASE
DETECTION METHOD
108 610(3)(b)B N
611(2)(b)VISUAL INSPECTIONS NOT CONDUCTED
PROPERLY ONCE A MONTH
RELEASE DETECTION -
SMALL DIAMETER PIPING
SINGLE WALLED SUCTION PIPING HAS ANNUAL
LINE TEST OR 62-761.640(2) METHOD 109 610(4)(a)1 B N
610(3)(a)1 SINGLE WALLED SUCTION PIPING DOES
NOT HAVE ANNUAL LINE TEST OR 62-
761.640(2) METHOD
611(3)(a)1 SINGLE WALLED SUCTION PIPING DOES
NOT HAVE ANNUAL LINE TEST OR 62-
761.641 METHOD
RELEASE DETECTION -
SMALL DIAMETER PIPING
SINGLE WALLED PRESSURIZED PIPING HAS
MECHANICAL LEAK DETECTORS / ANNUAL
TIGHTNESS TEST, OR ELECTRONIC LEAK
DETECTOR 110 610(4)(a)2 B I
610(3)(a)2 SINGLE WALLED PRESSURIZED PIPING
DOES NOT HAVE MECHANICAL LEAK
DETECTORS / ANNUAL TIGHTNESS TEST,
OR ELECTRONIC LEAK DETECTOR
611(3)(a)2 SINGLE WALLED PRESSURIZED PIPING
DOES NOT HAVE MECHANICAL LEAK
DETECTORS / ANNUAL TIGHTNESS TEST,
OR ELECTRONIC LEAK DETECTOR
110 610(4)(a)2 B I
611(3)(a)3a SUCTION PUMP - NO WRITTEN
VERIFICATION OF OPTIONAL CHECK
VALVE
RELEASE DETECTION -
SMALL DIAMETER PIPING ABOVEGROUND PIPING VISUALLY INSPECTED 111 610(4)(b)B N
610(3)(b)ABOVEGROUND PIPING NOT VISUALLY
INSPECTED
611(3)(b)ABOVEGROUND PIPING NOT VISUALLY
INSPECTED
RELEASE DETECTION -
SMALL DIAMETER PIPING
SECONDARY-CONTAINED PIPING IN CONTACT
WITH SOIL HAS: INTERSTITIAL MONITORING,
LINE LEAK DETECTOR IF APPLICABLE, AND A
BREACH OF INTEGRITY TESTING METHOD 112 610(4)(c)N I
610(3)(c)SECONDARY-CONTAINED PIPING IN
CONTACT WITH SOIL DOES NOT HAVE:
INTERSTITIAL MONITORING, LINE LEAK
DETECTOR IF APPLICABLE, AND A
BREACH OF INTEGRITY TESTING METHOD
611(3)(c)SECONDARY-CONTAINED PIPING IN
CONTACT WITH SOIL DOES NOT HAVE:
INTERSTITIAL MONITORING, LINE LEAK
DETECTOR IF APPLICABLE, AND A
BREACH OF INTEGRITY TESTING METHOD
RELEASE DETECTION -
BULK & HYDRANT PIPING
SINGLE WALLED PIPING IN CONTACT WITH SOIL
PRESSURE TESTED YEARLY OR MONTHLY
RELEASE DETECTION SYSTEM 113 610(4)(d)1 B N
611(3)(d)1 SINGLE WALLED BULK PRODUCT PIPING
IN CONTACT WITH SOIL NOT PRESSURE
TESTED YEARLY NOR MONTHLY
RELEASE DETECTION SYSTEM
RELEASE DETECTION -
BULK & HYDRANT PIPING
MONTHLY VISUAL INSPECTION OF
ABOVEGROUND OR EXEMPT PIPE 114 610(4)(d)2 B N
611(3)(d)2 NO MONTHLY VISUAL INSPECTION OF
ABOVEGROUND OR EXEMPT PIPE
Page 4779 of 9661
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New UST Cite New Violation text New AST Cite New Violation text
RELEASE DETECTION -
BULK & HYDRANT PIPING
SECONDARY-CONTAINED PIPING IN CONTACT
WITH SOIL HAS INTERSTITIAL MONITORING AND
BREACH OF INTEGRITY 115 610(4)(d)3 B I
611(3)(d)3 SECONDARILY CONTAINED PIPING IN
CONTACT WITH SOIL DOES NOT HAVE
INTERSTITIAL MONITORING AND BREACH
OF INTEGRITY
RELEASE DETECTION -
GENERAL
DEVICE MEETS GENERAL STANDARDS; CAN
DETECT 0.2 GAL/HR OR 150 GALLON RELEASE
WITHIN 30 DAYS, WITH 0.95 DETECTION
PROBABILITY AND 0.05 FALSE ALARM
PROBABILITY 116 640(1)(a)N R
640(1)(a)DEVICE DOES NOT MEET GENERAL
STANDARDS; CANNOT DETECT 0.2
GAL/HR OR 150 GALLON RELEASE WITHIN
30 DAYS, WITH 0.95 DETECTION
PROBABILITY AND 0.05 FALSE ALARM
PROBABILITY
641(1)(a)DEVICE DOES NOT MEET GENERAL
STANDARDS; CANNOT DETECT 0.2
GAL/HR OR 150 GALLON RELEASE WITHIN
30 DAYS, WITH 0.95 DETECTION
PROBABILITY AND 0.05 FALSE ALARM
PROBABILITY
RELEASE DETECTION -
GENERAL
RELEASE DETECTION METHOD HAS DEP
EQUIPMENT APPROVED IN ACCORDANCE WITH
62-761.850(2)117 640(1)(b)N R
640(1)(b)RELEASE DETECTION METHOD HAS NO
DEP EQUIPMENT APPROVAL IN
ACCORDANCE WITH 62-761.850(2)
641(1)(b)RELEASE DETECTION METHOD HAS NO
DEP EQUIPMENT APPROVAL IN
ACCORDANCE WITH 62-762.851(2)
RELEASE DETECTION -
GENERAL
RELEASE DETECTION RESPONSE LEVEL
DESCRIBED IN WRITING 118 640(1)(c)N R
640(1)(c)NO RELEASE DETECTION RESPONSE
LEVEL DESCRIBED IN WRITING
641(1)(c) NO RELEASE DETECTION RESPONSE
LEVEL DESCRIBED IN WRITING
RELEASE DETECTION -
EXTERNAL
MONITORING WELL CONSTRUCTION
STANDARDS MET 119 640(2)(a)N I
640(2)(a)MONITORING WELL CONSTRUCTION
STANDARDS NOT MET
641(2)(a) &
641(2)(b)
MONITORING WELL CONSTRUCTION
STANDARDS NOT MET; SITE SUITABILITY
NOT PERFORMED PROPERLY
RELEASE DETECTION -
EXTERNAL
NO FREE PRODUCT OR SHEEN PRESENT IN
WELLS 120 640(2)(c)2 N I
640(2)(c)2 FREE PRODUCT OR SHEEN PRESENT IN
WELLS
641(2)(c)GROUNDWATER MONITORING NOT
PERFORMED TO STANDARDS
RELEASE DETECTION -
EXTERNAL
ANOTHER METHOD USED IF < 1' OF WATER IN
WELL OR WATER ABOVE SLOTS 121 640(2)(c)3 N I
640(2)(c)3 ANOTHER METHOD NOT USED WHEN < 1'
OF WATER IN WELL OR WATER ABOVE
SLOTS
RELEASE DETECTION -
EXTERNAL
MONITORING WELL RECORDS MEET
RECORDING REQUIREMENTS 122 640(2)(c)4 N R
640(2)(c)4 MONITORING WELL RECORDS DO NOT
MEET RECORDING REQUIREMENTS
RELEASE DETECTION -
EXTERNAL
VAPOR MONITORING WELLS NOT RENDERED
INOPERATIVE 123 640(2)(d)2 N I
640(2)(d)2 VAPOR MONITORING WELLS RENDERED
INOPERATIVE
641(2)(d)VAPOR MONITORING NOT PERFORMED
TO STANDARDS
RELEASE DETECTION -
EXTERNAL
RELEASE DETECTION EQUIPMENT CAN DETECT
APPROPRIATE CONTAMINANT LEVELS IN PARTS
PER MILLION UNITS (PPM)124 640(2)(d)3 N R
640(2)(d)3 RELEASE DETECTION EQUIPMENT
CANNOT DETECT APPROPRIATE
CONTAMINANT LEVELS IN PARTS PER
MILLION UNITS (PPM)
RELEASE DETECTION -
EXTERNAL
VAPOR MONITORING NOT USED WHERE
EXISTING CONTAMINATION INTERFERES 125 640(2)(d)4 N R
640(2)(d)4 VAPOR MONITORING USED WHERE
EXISTING CONTAMINATION INTERFERES
RELEASE DETECTION -
EXTERNAL
VAPOR MONITORING PLAN DEVELOPED AND
IMPLEMENTED ACCORDING TO GUIDELINES 126 640(2)(d)5 N N
640(2)(d)5 VAPOR MONITORING PLAN NOT
DEVELOPED AND IMPLEMENTED
ACCORDING TO GUIDELINES
RELEASE DETECTION -
EXTERNAL VISUAL INSPECTIONS NOTED 127 640(2)(e)N I
640(2)(e)PROBLEMS FOUND DURING VISUAL
INSPECTIONS NOT NOTED
641(2)(e)PROBLEMS FOUND DURING VISUAL
INSPECTIONS NOT NOTED
RELEASE DETECTION -
INTERNAL
INTERSTITIAL MONITORING OF SECONDARY-
CONTAINED SYSTEMS WITH APPROVED
METHOD 128 640(3)(a)1 N R
640(3)(a)1 INTERSTITIAL MONITORING OF
SECONDARY-CONTAINED SYSTEMS WITH
NON-APPROVED METHOD
641(3)(a)1 INTERSTITIAL MONITORING METHOD
DOES NOT MEET STANDARDS
RELEASE DETECTION -
INTERNAL
BREACH OF INTEGRITY TEST FOR CATEGORY C
SYSTEMS PERFORMED 129 640(3)(a)2 N N 20-Jan-00
FAILURE TO PERFORM BREACH OF
INTEGRITY TEST FOR CATEGORY-C
SYSTEMS
RELEASE DETECTION -
INTERNAL MEETS VACUUM MONITORING REQUIREMENTS 130 640(3)(a)3 N R
640(3)(a)3 DOES NOT MEET VACUUM MONITORING
REQUIREMENTS
641(3)(a)3 DOES NOT MEET VACUUM MONITORING
METHOD STANDARDS
RELEASE DETECTION -
INTERNAL
MEETS INTERSTITIAL MONITORING
REQUIREMENTS FOR LINED SYSTEMS 131 640(3)(a)4 N I
640(3)(a)4 DOES NOT MEET INTERSTITIAL
MONITORING REQUIREMENTS FOR LINER
SYSTEMS
641(3)(a)4 INTERSTITIAL MONITORING METHOD FOR
LINER SYSTEMS DOES NOT MEET
STANDARDS
Page 4780 of 9661
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RELEASE DETECTION -
INTERNAL
INVENTORY CONTROL MAINTAINED FOR SINGLE-
WALLED VEHICULAR SYSTEMS 132 640(3)(b)N R
640(3)(b)INVENTORY CONTROL NOT MAINTAINED
FOR SINGLE-WALLED VEHICULAR
SYSTEMS
641(3)(b)2 INVENTORY CONTROL NOT MAINTAINED
FOR SHOP-FABRICATED ASTS
RELEASE DETECTION -
INTERNAL
WATER FLUCTUATIONS > 1.0" INVESTIGATED,
SYSTEM TESTED 133 640(3)(b)3 N I
640(3)(b)3 WATER FLUCTUATIONS > 1.0" NOT
INVESTIGATED, SYSTEM NOT TESTED
RELEASE DETECTION -
INTERNAL
INVENTORY CONTROL PERFORMED FOR FIELD
ERECTED ASTS 134 640(3)(b)4 N R
640(3)(b)4 INVENTORY CONTROL PERFORMED FOR
SYSTEMS >30,000 GALLONS
641(3)(b)3 INVENTORY CONTROL NOT MAINTAINED
FOR FIELD-ERECTED ASTS
RELEASE DETECTION -
INTERNAL
MANUAL TANK GAUGING MEETS
REQUIREMENTS 135 640(3)(c)1 N R
640(3)(c)MANUAL TANK GAUGING DOES NOT MEET
REQUIREMENTS
RELEASE DETECTION -
INTERNAL
ATG SYSTEM IN TEST MODE EVERY 30 DAYS OR
OPERATED CONTINUOUSLY 136 640(3)(c)2 N R
640(3)(d)ATG SYSTEM NOT IN TEST MODE EVERY
30 DAYS NOR OPERATED CONTINUOUSLY
RELEASE DETECTION -
INTERNAL
MONTHLY SIR ANALYSES TO PROVIDE: LEAK
THRESHOLD, MINIMUM DETECTABLE LEAK RATE,
CALCULATED LEAK RATE, AND A RESULT
DETERMINATION 137 640(3)(c)3 N R
640(3)(e)MONTHLY SIR ANALYSES NOT
PROVIDING: LEAK THRESHOLD, MINIMUM
DETECTABLE LEAK RATE, CALCULATED
LEAK RATE, AND A RESULT
DETERMINATION
RELEASE DETECTION -
INTERNAL INF SUBMITTED FOR A FAILING SIR REPORT 138 640(3)(c)3f N R 26-Jan-00
RELEASE DETECTION -
INTERNAL
INF SUBMITTED FOR TWO CONSECUTIVE
INCONCLUSIVE SIR REPORTS 139 640(3)(c)3g N R 20-Jan-00
RELEASE DETECTION -
INTERNAL
MONTHLY SIR EVALUATIONS RECORDED ON
FORM 900(7) OR EQUIVALENT 140 640(3)(c)3i N R
640(3)(e)9 MONTHLY SIR EVALUATIONS NOT
RECORDED ON FORM 900(7) OR
EQUIVALENT
RELEASE DETECTION -
INTERNAL
TIGHTNESS TESTING OPERATIONAL
REQUIREMENTS MET WHEN USED AS RELEASE
DETECTION 141 640(3)(c)4 N R
640(3)(f)TIGHTNESS TESTING OPERATIONAL
REQUIREMENTS NOT MET WHEN USED
AS RELEASE DETECTION (TIGHTNESS
TESTING NOT MEET STANDARDS)
RELEASE DETECTION -
SMALL DIAMETER PIPING
UST LINE LEAK DETECTOR CAN DETECT 3.0 GPH
DISCHARGE, TESTED ANNUALLY 142 640(3)(d)N R
640(4)(a)UST LINE LEAK DETECTOR CANNOT
DETECT 3.0 GPH DISCHARGE, NOT
TESTED ANNUALLY
RELEASE DETECTION -
SMALL DIAMETER PIPING
CONTINUOUSLY OPERATING INTERSTITIAL
MONITOR CAN DETECT 10 GALLONS OF
PRODUCT WITHIN HOUR AND SHUT OFF PUMP 143 640(3)(d)1e N R
640(4)(a)5 CONTINUOUSLY OPERATING
INTERSTITIAL MONITOR CANNOT DETECT
10 GALLONS OF PRODUCT WITHIN HOUR
AND SHUT OFF PUMP
REPAIRS OPERATION &
MAINTENANCE - GENERAL
REPAIRED COMPONENT WHICH HAS OR COULD
CAUSE A DISCHARGE 144 700(1)(a)1 N I
700(1)(a)1 NOT REPAIRED COMPONENT WHICH HAS
OR COULD CAUSE A DISCHARGE
701(1)(a)1 NOT REPAIRED COMPONENT WHICH HAS
OR COULD CAUSE A DISCHARGE
REPAIRS OPERATION &
MAINTENANCE - GENERAL
TAKEN OUT OF OPERATION UNTIL REPAIR IS
MADE 145 700(1)(a)2 B I
700(1)(a)2 NOT TAKEN OUT OF OPERATION UNTIL
REPAIR IS MADE
701(1)(a)2 NOT TAKEN OUT OF OPERATION UNTIL
REPAIR IS MADE
REPAIRS OPERATION &
MAINTENANCE - GENERAL
REPAIRED PER NFPA 30 OR OTHER APPLICABLE
STANDARDS 146 700(1)(a)3 N I
700(1)(a)3 NOT REPAIRED PER NFPA 30 OR OTHER
APPLICABLE STANDARDS
701(1)(a)3 NOT REPAIRED PER NFPA 30 OR OTHER
APPLICABLE STANDARDS
REPAIRS OPERATION &
MAINTENANCE - GENERAL
REPAIRED COMPONENTS TESTED AS
APPLICABLE 147 700(1)(a)4 N I
700(1)(a)4 REPAIRED COMPONENTS NOT TESTED
AS APPLICABLE
701(1)(a)4 REPAIRED COMPONENTS NOT TESTED
AS APPLICABLE
REPAIRS OPERATION &
MAINTENANCE - GENERAL
REPAIRS TO TANKS MADE BY AUTHORIZED
REPRESENTATIVE 148 700(1)(a)5 N I
700(1)(a)5 REPAIRS TO TANKS NOT MADE BY
AUTHORIZED REPRESENTATIVE
701(1)(a)5 REPAIRS TO TANKS NOT MADE BY
AUTHORIZED REPRESENTATIVE
REPAIRS OPERATION &
MAINTENANCE - GENERAL
PIPING THAT IS DAMAGED OR HAS DISCHARGED
IS REPLACED 149 700(1)(a)6 N I
700(1)(a)6 PIPING THAT IS DAMAGED OR HAS
DISCHARGED IS NOT REPLACED
701(1)(a)6 PIPING THAT IS DAMAGED OR HAS
DISCHARGED IS NOT REPLACED
REPAIRS OPERATION &
MAINTENANCE - CP
OPERATED AND MAINTAINED TO PROVIDE
CONTINUOUS PROTECTION 150 700(1)(b)1 N I
700(1)(b)1 NOT OPERATED AND MAINTAINED TO
PROVIDE CONTINUOUS PROTECTION
701(1)(b)1 NOT OPERATED AND MAINTAINED TO
PROVIDE CONTINUOUS PROTECTION
Page 4781 of 9661
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REPAIRS OPERATION &
MAINTENANCE - CP
INSPECTED 6 MONTHS AFTER INSTALLATION OR
REPAIR AND ANNUALLY/3 YEARS 151 700(1)(b)2a N I
700(1)(b)2a NOT INSPECTED 6 MONTHS AFTER
INSTALLATION OR REPAIR AND
ANNUALLY/3 YEARS
701(1)(b)2a NOT INSPECTED 6 MONTHS AFTER
INSTALLATION OR REPAIR AND
ANNUALLY/3 YEARS
REPAIRS OPERATION &
MAINTENANCE - CP
IMPRESSED CURRENT SYSTEM INSPECTED
EVERY TWO MONTHS 152 700(1)(b)2b N R
700(1)(b)2b IMPRESSED CURRENT SYSTEM NOT
INSPECTED EVERY TWO MONTHS
701(1)(b)2b IMPRESSED CURRENT SYSTEM NOT
INSPECTED EVERY TWO MONTHS
REPAIRS OPERATION &
MAINTENANCE - CP
SYSTEMS THAT DO NOT MEET REQUIREMENTS
REPAIRED/TAKEN OUT OF SERVICE 153 700(1)(b)3 N I
700(1)(b)3 SYSTEMS THAT DO NOT MEET
REQUIREMENTS NOT REPAIRED/TAKEN
OUT OF SERVICE
701(1)(b)3 SYSTEMS THAT DO NOT MEET
REQUIREMENTS NOT REPAIRED/TAKEN
OUT OF SERVICE
REPAIRS OPERATION &
MAINTENANCE - CP
RECORDS OF INSPECTIONS AND TESTING ARE
MAINTAINED 154 700(1)(b)4 N R 20-Jan-00
REPAIRS OPERATION &
MAINTENANCE - O & M
SPILL CONTAINMENT, DISPENSER LINERS AND
PIPING SUMPS ACCESSIBLE; WATER AND
REGULATED SUBSTANCES REMOVED 155 700(1)(c)1 N I
700(1)(c)1 SPILL CONTAINMENT, DISPENSER LINERS
AND PIPING SUMPS ACCESSIBLE; WATER
AND REGULATED SUBSTANCES NOT
REMOVED
701(1)(c)1 SPILL CONTAINMENT, DISPENSER LINERS
AND PIPING SUMPS ACCESSIBLE; WATER
AND REGULATED SUBSTANCES NOT
REMOVED
REPAIRS OPERATION &
MAINTENANCE - O & M
ENSURE VOLUME AVAILABLE IN TANK IS
GREATER THAN THE VOLUME TRANSFERRED
AND/OR FAILURE TO MONITOR DURING
PRODUCT TRANSFER OPERATION 156 700(1)(c)2 N R
700(1)(c)2 NOT ENSURED VOLUME AVAILABLE IN
TANK IS GREATER THAN THE VOLUME
TRANSFERRED AND/OR FAILURE TO
MONITOR DURING PRODUCT TRANSFER
OPERATION
701(1)(c)2 NOT ENSURED VOLUME AVAILABLE IN
TANK IS GREATER THAN THE VOLUME
TRANSFERRED AND/OR FAILURE TO
MONITOR DURING PRODUCT TRANSFER
OPERATION
REPAIRS OPERATION &
MAINTENANCE - O & M
RELEASE DETECTION DEVICES TESTED
ANNUALLY 157 700(1)(c)3 N R
700(1)(c)3 RELEASE DETECTION DEVICES NOT
TESTED ANNUALLY
701(1)(c)3 RELEASE DETECTION DEVICES NOT
TESTED ANNUALLY
REPAIRS OPERATION &
MAINTENANCE - O & M
INVENTORY CONTROL FOR VEHICULAR FUEL
TANKS WITHOUT SECONDARY CONTAINMENT 158 700(1)(c)6 N R
700(1)(c)5 INVENTORY CONTROL FOR VEHICULAR
FUEL TANKS WITHOUT SECONDARY
CONTAINMENT NOT USED
701(1)(c)6 INVENTORY CONTROL FOR VEHICULAR
FUEL TANKS WITHOUT SECONDARY
CONTAINMENT NOT USED
REPAIRS OPERATION &
MAINTENANCE - UST
SYSTEMS
TESTED BEFORE PLACING BACK INTO SERVICE
(TIGHTNESS/OTHER APPROVED METHOD)159 700(2)(b)N R
700(3)NOT TESTED BEFORE PLACING BACK
INTO SERVICE (TIGHTNESS/OTHER
APPROVED METHOD)
REPAIRS OPERATION &
MAINTENANCE - UST
SYSTEMS
TANK REPAIRED BY LINING PER API 1631,
INSPECTED PER NLPA 631 CH. B, AND CATHODIC
PROTECTION INSTALLED PROPERLY, TESTED IN
STATED TIME FRAMES 160 700(2)(c)N R
700(4)TANK NOT REPAIRED BY LINING PER API
1631, NOT INSPECTED PER NLPA 631 CH.
B, AND CATHODIC PROTECTION NOT
INSTALLED PROPERLY, NOT TESTED IN
STATED TIME FRAMES
REPAIRS OPERATION &
MAINTENANCE - UST
SYSTEMS
TANK UPGRADED WITH INTERNAL LINING
INSPECTED AND TIGHTNESS TESTED 10/5
YEARS 161 700(2)(e)N R
700(6)TANK UPGRADED WITH INTERNAL LINING
INSPECTED AND TIGHTNESS TESTED 10/5
YEARS
REPAIRS OPERATION &
MAINTENANCE - AST
SYSTEMS STORMWATER DRAWN OFF WITHIN ONE WEEK 162 700(3)(a)2a N I
701(2)(b)1 STORMWATER NOT DRAWN OFF WITHIN
ONE WEEK
REPAIRS OPERATION &
MAINTENANCE - AST
SYSTEMS
STORMWATER NOT DISCHARGED UNTREATED
IF IT HAS A VISIBLE SHEEN 163 700(3)(a)2b N I
701(2)(b)2 STORMWATER WAS DISCHARGED
UNTREATED WHEN IT HAS A VISIBLE
SHEEN
REPAIRS OPERATION &
MAINTENANCE - AST
SYSTEMS
DRAIN VALVES KEPT CLOSED EXCEPT WHEN
DRAWING OFF STORMWATER 164 700(3)(a)3 N I
701(2)(c)DRAIN VALVES NOT KEPT CLOSED
EXCEPT WHEN DRAWING OFF
STORMWATER
REPAIRS OPERATION &
MAINTENANCE - AST
SYSTEMS
FIELD ERECTED TANKS EVALUATED, RETESTED,
AND/OR REPAIRED PER APR 653 165 700(3)(b)N I
701(3)FIELD ERECTED TANKS NOT EVALUATED,
RETESTED, AND/OR REPAIRED PER API
653
Page 4782 of 9661
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REPAIRS OPERATION &
MAINTENANCE - AST
SYSTEMS
SMALL DIAMETER PIPING TIGHTNESS TESTED
BEFORE RETURNING TO SERVICE 166 700(3)(c)1 N R
701(4)(a)SMALL DIAMETER PIPING NOT
TIGHTNESS TESTED BEFORE RETURNING
TO SERVICE
REPAIRS OPERATION &
MAINTENANCE - AST
SYSTEMS
BULK/HYDRANT PIPING PRESSURE TESTED
BEFORE RETURNING TO SERVICE 167 700(3)(c)2 N R
701(4)(b)BULK/HYDRANT PIPING NOT PRESSURE
TESTED BEFORE RETURNING TO
SERVICE
REPAIRS OPERATION &
MAINTENANCE - AST
SYSTEMS
BULK PRODUCT PIPING OVER WATER TESTED
ANNUALLY; MAINTAINED PER CFR 33 168 700(3)(d)N R
701(5)BULK PRODUCT PIPING OVER WATER
NOT TESTED ANNUALLY; NOT
MAINTAINED PER CFR 33
REPAIRS OPERATION &
MAINTENANCE - AST
SYSTEMS
SECONDARY CONTAINMENT REPAIRED PER 62-
761.500(1)(E)169 700(3)(e)N I
701(6)SECONDARY CONTAINMENT NOT
REPAIRED PER 62-761.500(1)(E)
RECORD KEEPING
PERMANENT RECORDS AVAILABLE WITHIN 5
WORKING DAYS NOTICE; REASONABLE FACILITY
ACCESS 170 710(1)N N
710(1)PERMANENT RECORDS NOT AVAILABLE
WITHIN 5 WORKING DAYS NOTICE; NO
REASONABLE FACILITY ACCESS
711(1)PERMANENT RECORDS NOT AVAILABLE
WITHIN 5 WORKING DAYS NOTICE; NO
REASONABLE FACILITY ACCESS
RECORD KEEPING
RECORDS REQUIRING 2-YEAR DOCUMENTATION
PERIOD KEPT BY FACILITY 171 710(2)N N
710(2)RECORDS REQUIRING 2-YEAR
DOCUMENTATION PERIOD NOT KEPT BY
FACILITY
711(2)RECORDS REQUIRING 2-YEAR
DOCUMENTATION PERIOD NOT KEPT BY
FACILITY
RECORD KEEPING
RECORDS REQUIRED FOR LIFE OF SYSTEM
KEPT BY FACILITY 172 710(3)N N
710(3)RECORDS REQUIRED FOR LIFE OF
SYSTEM NOT KEPT BY FACILITY
711(3)RECORDS REQUIRED FOR LIFE OF
SYSTEM NOT KEPT BY FACILITY
OUT OF SERVICE -
GENERAL
REQUIREMENTS MET FOR FIELD-ERECTED
TANKS TAKEN TEMPORARILY OUT OF SERVICE 173 800(1)N I
801(1)REQUIREMENTS NOT MET FOR FIELD-
ERECTED TANKS TAKEN TEMPORARILY
OUT OF SERVICE
OUT OF SERVICE -
GENERAL
REQUIREMENTS MET FOR OUT OF SERVICE
SYSTEMS 174 800(2)(a)1 N I
800(1)(a)1 REQUIREMENTS NOT MET FOR OUT OF
SERVICE SYSTEMS
801(2)(a)1 REQUIREMENTS NOT MET FOR OUT OF
SERVICE SYSTEMS
OUT OF SERVICE -
GENERAL
UPGRADES AND TESTING PERFORMED BEFORE
RETURNING SYSTEM TO SERVICE 175 800(2)(a)2, 4 N I
800(1)(a)2, 4 UPGRADES AND TESTING NOT
PERFORMED BEFORE RETURNING
SYSTEM TO SERVICE
801(2)(a)2 UPGRADES AND TESTING NOT
PERFORMED BEFORE RETURNING
SYSTEM TO SERVICE
OUT OF SERVICE - UST
SYSTEMS
TIGHTNESS/BREACH OF INTEGRITY TEST
BEFORE RETURNING TO SERVICE 176 800(2)(b)1 N I
800(1)(b)1 NO TIGHTNESS/BREACH OF INTEGRITY
TEST BEFORE RETURNING TO SERVICE
801(2)(a)4 NO TIGHTNESS/BREACH OF INTEGRITY
TEST BEFORE RETURNING TO SERVICE
OUT OF SERVICE - UST
SYSTEMS
SYSTEM OUT OF SERVICE NO LONGER THAN
ALLOWED TIME LIMIT 177 800(2)(b)2 N I
800(1)(b)2 SYSTEM OUT OF SERVICE LONGER THAN
ALLOWED TIME LIMIT
801(2)(a)3 SYSTEM OUT OF SERVICE LONGER THAN
ALLOWED TIME LIMIT
OUT OF SERVICE - AST
SYSTEMS
ASTS WITHOUT SECONDARY CONTAINMENT
OUT OF SERVICE NO MORE THAN 5 YEARS 178 800(2)(c)1 N I
801(2)(b)ASTS WITHOUT SECONDARY
CONTAINMENT OUT OF SERVICE FOR
MORE THAN 5 YEARS
OUT OF SERVICE - AST
SYSTEMS
SHOP-FABRICATED AND FIELD-ERECTED ASTS
RECEIVE INSPECTION & EVALUATION PRIOR TO
RETURN TO SERVICE 179 800(2)(c)2 N I
801(2)(c)SHOP-FABRICATED AND FIELD-ERECTED
ASTS NOT RECEIVING INSPECTION &
EVALUATION PRIOR TO RETURN TO
SERVICE
OUT OF SERVICE - AST
SYSTEMS
FIELD ERECTED TANK PRODUCT CHANGE
COMPLIES WITH API 653 180 800(2)(c)3 N R
801(2)(d)FIELD ERECTED TANK PRODUCT CHANGE
DOES NOT COMPLY WITH API 653
CLOSURE - GENERAL TANK CLOSURE PERFORMED PROPERLY 181 800(3)(a)1 N I 20-Jan-00
CLOSURE - GENERAL LIQUIDS AND SLUDGE REMOVED FROM TANK(S)182 800(3)(a)1a N I
800(2)(a)1a LIQUIDS AND SLUDGE NOT REMOVED
FROM TANK(S)
801(3)(a)1a LIQUIDS AND SLUDGE NOT REMOVED
FROM TANK(S)
CLOSURE - GENERAL
INTEGRAL PIPING PROPERLY CLOSED,
MANWAYS SECURED 183 800(3)(a)1b N I
800(2)(a)1b INTEGRAL PIPING NOT PROPERLY
CLOSED, MANWAYS NOT SECURED
801(3)(a)1b INTEGRAL PIPING NOT PROPERLY
CLOSED, MANWAYS NOT SECURED
CLOSURE - GENERAL
MONITORING WELLS CLOSED UPON SYSTEM
CLOSURE 184 800(3)(a)3 N I
800(2)(a)3 MONITORING WELLS NOT CLOSED UPON
SYSTEM CLOSURE
801(3)(a)3 MONITORING WELLS NOT CLOSED UPON
SYSTEM CLOSURE
Page 4783 of 9661
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CLOSURE - ASSESSMENT
CLOSURE ASSESSMENT REQUIRED AND
PERFORMED 185 800(4)(a)&(b)N R
800(3)(a)&(b)CLOSURE ASSESSMENT REQUIRED AND
NOT PERFORMED
801(4)(a)&(b)CLOSURE ASSESSMENT REQUIRED AND
NOT PERFORMED
CLOSURE - ASSESSMENT
SAMPLING IN ACCORDANCE WITH APRIL, 1998
"STORAGE TANK SYSTEM CLOSURE
ASSESSMENT REQUIREMENTS"186 800(4)(c)N R
800(3)(c)SAMPLING NOT IN ACCORDANCE WITH
APRIL, 1998 "STORAGE TANK SYSTEM
CLOSURE ASSESSMENT REQUIREMENTS"
801(4)(c)SAMPLING NOT IN ACCORDANCE WITH
APRIL, 1998 "STORAGE TANK SYSTEM
CLOSURE ASSESSMENT REQUIREMENTS"
CLOSURE - ASSESSMENT
UNMAINTAINED USTS PROPERLY CLOSED
WITHIN 90 DAYS OF DISCOVERY 187 800(3)(b)1 B I
800(2)(b)1 UNMAINTAINED USTS NOT PROPERLY
CLOSED WITHIN 90 DAYS OF DISCOVERY
CLOSURE - GENERAL
CLOSURE BY CERTIFIED CONTRACTOR, MEETS
API RP 1604, NFPA 30 188 800(3)(b)2 N R 30-Jun-00
CLOSURE - UST SYSTEMS
CLOSURE PERFORMED ACCORDING TO API RP
1604 CHAPTER 1,3,4,5,7-PERMANENT CLOSURE
REQUIREMENTS, STORAGE, DISPOSAL AND
ACCORDING TO NFPA 30 APPENDIX C 189 800(3)(b)2a N R
800(2)(c)2a CLOSURE NOT PERFORMED ACCORDING
TO API RP 1604 CHAPTER 1,3,4,5,7-
PERMANENT CLOSURE REQUIREMENTS,
STORAGE, DISPOSAL AND ACCORDING
TO NFPA 30 APPENDIX C
CLOSURE - UST SYSTEMS
PROPERLY CLOSED IN PLACE OR CERTIFIED
CONTRACTOR PERFORMED TANK REMOVAL(S)190 800(3)(b)2b N I
800(2)(c)2b NOT PROPERLY CLOSED IN PLACE NOR
CERTIFIED CONTRACTOR PERFORMED
TANK REMOVAL(S)
CLOSURE - AST SYSTEMS
UNMAINTAINED ASTS CLOSED WITHIN 90 DAYS,
VAPOR FREE, ANCHORED 191 800(3)(c)N I 20-Jan-00
CLOSURE - AST SYSTEMS
UNMAINTAINED AST SYSTEMS PROPERLY
CLOSED WITHIN 90 DAYS OF DISCOVERY 192 800(3)(c)1 B I
801(3)(b)UNMAINTAINED AST SYSTEMS NOT
PROPERLY CLOSED WITHIN 90 DAYS OF
DISCOVERY
CLOSURE - AST SYSTEMS RENDERED FREE OF EXPLOSIVE VAPORS 193 800(3)(c)2 N I
801(3)(c)NOT RENDERED FREE OF EXPLOSIVE
VAPORS
CLOSURE - AST SYSTEMS
PROTECTED FROM FLOTATION ACCORDING TO
NFPA 30, SECTION 2-6 194 800(3)(c)3 N I
801(3)(d)NOT PROTECTED FROM FLOTATION
ACCORDING TO NFPA 30, SECTION 2-6
CLOSURE - AST SYSTEMS
WRITTEN CERTIFICATION WITHIN 10 DAYS OF
SECONDARY CONTAINMENT UPGRADE FOR
ASTS < 1100 GALLONS, IN LIEU OF CLOSURE 195 800(4)(b)5 N R
801(4)b)5 NO WRITTEN CERTIFICATION WITHIN 10
DAYS OF SECONDARY CONTAINMENT
UPGRADE FOR ASTS < 1100 GALLONS, IN
LIEU OF CLOSURE
CLOSURE - ASSESSMENT
CLOSURE ASSESSMENT SUBMITTED WITHIN 60
DAYS 196 800(4)(d)B N
800(3)(d)CLOSURE ASSESSMENT NOT SUBMITTED
WITHIN 60 DAYS
801(4)(d)CLOSURE ASSESSMENT NOT SUBMITTED
WITHIN 60 DAYS
DISCHARGE RESPONSE INCIDENT PROMPTLY INVESTIGATED 197 820(1)(a),(b),(c)N N
820(1)(a),(b),(c)INCIDENT NOT PROMPTLY INVESTIGATED 821(1)(a),(b),(c)INCIDENT NOT PROMPTLY INVESTIGATED
DISCHARGE RESPONSE
SPILL OR LOSS OF REGULATED SUBSTANCE
INTO SECONDARY CONTAINMENT REMOVED
WITHIN THREE DAYS OF DISCOVERY 198 820(1)(d)N N
820(1)(d)SPILL OR LOSS OF REGULATED
SUBSTANCE INTO SECONDARY
CONTAINMENT NOT REMOVED WITHIN
THREE DAYS OF DISCOVERY
821(1)(d)SPILL OR LOSS OF REGULATED
SUBSTANCE INTO SECONDARY
CONTAINMENT NOT REMOVED WITHIN
THREE DAYS OF DISCOVERY
DISCHARGE RESPONSE
ACTIONS TAKEN IMMEDIATELY TO CONTAIN,
REMOVE AND ABATE THE DISCHARGE; FREE
PRODUCT PRESENT BEING REMOVED 199 820(2)(a)N R
820(2)(a)ACTIONS NOT TAKEN IMMEDIATELY TO
CONTAIN, REMOVE AND ABATE THE
DISCHARGE; FREE PRODUCT PRESENT
NOT BEING REMOVED
821(2)(a)ACTIONS NOT TAKEN IMMEDIATELY TO
CONTAIN, REMOVE AND ABATE THE
DISCHARGE; FREE PRODUCT PRESENT
NOT BEING REMOVED
DISCHARGE RESPONSE
UNKNOWN DISCHARGE SOURCE INVESTIGATED
PER NFPA 329 CH. 3 & 5 200 820(2)(b)1 N R
820(2)(b)1 UNKNOWN DISCHARGE SOURCE NOT
INVESTIGATED PER NFPA 329 CH. 3 & 5
821(2)(b)1 UNKNOWN DISCHARGE SOURCE NOT
INVESTIGATED PER NFPA 329 CH. 3 & 5
DISCHARGE RESPONSE
REGULATED SUBSTANCE REMOVED FROM
SYSTEM TO PREVENT FURTHER DISCHARGE TO
THE ENVIRONMENT 201 820(2)(b)2 N R
820(2)(b)2 REGULATED SUBSTANCE NOT REMOVED
FROM SYSTEM TO PREVENT FURTHER
DISCHARGE TO THE ENVIRONMENT
821(2)(b)2 REGULATED SUBSTANCE NOT REMOVED
FROM SYSTEM TO PREVENT FURTHER
DISCHARGE TO THE ENVIRONMENT
Page 4784 of 9661
Category 1998-2004 Violation Text V#1998-2004 Cite Sig ReEval End Date
New UST Cite New Violation text New AST Cite New Violation text
DISCHARGE RESPONSE
FIRE, EXPLOSION, AND VAPOR HAZARDS
IDENTIFIED AND MITIGATED 202 820(2)(b)3 N R
820(2)(b)3 FIRE, EXPLOSION, AND VAPOR HAZARDS
NOT IDENTIFIED AND MITIGATED
821(2)(b)3 FIRE, EXPLOSION, AND VAPOR HAZARDS
NOT IDENTIFIED AND MITIGATED
DISCHARGE RESPONSE SYSTEM REPAIRED OR CLOSED 203 820(2)(b)4 N R 820(2)(b)4 SYSTEM NOT REPAIRED NOR CLOSED 821(2)(b)4 SYSTEM NOT REPAIRED NOR CLOSED
DISCHARGE RESPONSE
SYSTEM TESTED UPON AGENCY
DETERMINATION OF DISCHARGE OR RELEASE
DETECTION ISSUE 204 820(2)(c)N R
820(2)(c)SYSTEM NOT TESTED UPON AGENCY
DETERMINATION OF DISCHARGE OR
RELEASE DETECTION ISSUE
821(2)(c)SYSTEM NOT TESTED UPON AGENCY
DETERMINATION OF DISCHARGE OR
RELEASE DETECTION ISSUE
DISCHARGE RESPONSE
SYSTEM TESTED WITHIN 3 DAYS TO CONFIRM A
DISCHARGE, IF NECESSARY 205 820(2)(d)1 N R
820(2)(d)1 SYSTEM NOT TESTED WITHIN 3 DAYS TO
CONFIRM A DISCHARGE, IF NECESSARY
821(2)(d)1 SYSTEM NOT TESTED WITHIN 3 DAYS TO
CONFIRM A DISCHARGE, IF NECESSARY
DISCHARGE RESPONSE
LEAKING SYSTEM PLACED OUT OF SERVICE
WITHIN 3 DAYS OF DISCOVERY, UNTIL
REPAIRED, REPLACED, OR CLOSED 206 820(2)(d)2 N R
820(2)(d)2 LEAKING SYSTEM NOT PLACED OUT OF
SERVICE WITHIN 3 DAYS OF DISCOVERY,
UNTIL REPAIRED, REPLACED, OR CLOSED
821(2)(d)2 LEAKING SYSTEM NOT PLACED OUT OF
SERVICE WITHIN 3 DAYS OF DISCOVERY,
UNTIL REPAIRED, REPLACED, OR CLOSED
DISCHARGE RESPONSE
CONTAMINATED SOIL EXCAVATED, DISPOSED
OF OR STOCKPILED, IS MANAGED IN
ACCORDANCE WITH CHAPTER 62-770, FAC 207 820(2)(e)N R
820(2)(e)CONTAMINATED SOIL NOT EXCAVATED,
DISPOSED OF OR STOCKPILED, IS
MANAGED IN ACCORDANCE WITH
CHAPTER 62-770, FAC
821(2)(e)CONTAMINATED SOIL NOT EXCAVATED,
DISPOSED OF OR STOCKPILED, IS
MANAGED IN ACCORDANCE WITH
CHAPTER 62-770, FAC
EQUIPMENT
APPROVALS/ALTERNATE
PROCEDURES
FACILITY IN COMPLIANCE WITH ALTERNATE
PROCEDURE 208 850(1)N R
850(1)FACILITY NOT IN COMPLIANCE WITH
ALTERNATE PROCEDURE
851(1)FACILITY NOT IN COMPLIANCE WITH
ALTERNATE PROCEDURE
EQUIPMENT
APPROVALS/ALTERNATE
PROCEDURES
EQUIPMENT APPROVED BY DEPARTMENT
BEFORE INSTALLATION OR USE 209 850(2)N R
850(2)EQUIPMENT NOT APPROVED BY
DEPARTMENT BEFORE INSTALLATION OR
USE
851(2)EQUIPMENT NOT APPROVED BY
DEPARTMENT BEFORE INSTALLATION OR
USE
MINERAL ACID SYSTEMS
MINERAL ACID TANK SYSTEMS REGISTERED
WITH THE DEPARTMENT 210 890(3)(a),(b)N R
891(3)(a),(b)MINERAL ACID TANK SYSTEMS NOT
REGISTERED WITH THE DEPARTMENT
MINERAL ACID SYSTEMS
REGISTRATION PLACARD DISPLAYED IN PLAIN
VIEW 211 890(3)(c)N R
891(3)(c)REGISTRATION PLACARD NOT
DISPLAYED IN PLAIN VIEW
MINERAL ACID SYSTEMS
NOTIFICATION OF CHANGE TO REGISTRATION
INFORMATION OR REPORTING OF A RELEASE
INTO SECONDARY CONTAINMENT WITHIN
ESTABLISHED TIMEFRAMES 212 890(5)N N
891(5)NO NOTIFICATION OF CHANGE TO
REGISTRATION INFORMATION OR NO
REPORTING OF A RELEASE INTO
SECONDARY CONTAINMENT WITHIN
ESTABLISHED TIMEFRAMES
MINERAL ACID SYSTEMS
DISCHARGE REPORT FILED FOR RELEASE OF
MINERAL ACID SUBSTANCE IN EXCESS OF
ESTABLISHED LEVELS, WITHIN 24 HRS/1 WORK
DAY 213 890(6)B N
891(6)DISCHARGE REPORT NOT FILED FOR
RELEASE OF MINERAL ACID SUBSTANCE
IN EXCESS OF ESTABLISHED LEVELS,
WITHIN 24 HRS/1 WORK DAY
MINERAL ACID SYSTEMS
TANKS IN OPERATION BEFORE JULY 1, 1992
HAVE CONTAINMENT & INTEGRITY PLAN OR
SECONDARY CONTAINMENT 214 890(7)(a)1 N I
891(7)(a)1 TANKS IN OPERATION BEFORE JULY 1,
1992 DO NOT HAVE CONTAINMENT &
INTEGRITY PLAN OR SECONDARY
CONTAINMENT
MINERAL ACID SYSTEMS
NEW TANKS INSTALLED AFTER JULY 1, 1992
HAVE SECONDARY CONTAINMENT 215 890(7)(a)2 A I
891(7)(a)2 NEW TANKS INSTALLED AFTER JULY 1,
1992 DO NOT HAVE SECONDARY
CONTAINMENT
MINERAL ACID SYSTEMS
CONTAINMENT & INTEGRITY PLAN
REVIEWED/UPDATED EVERY 2 YRS BY P.E.216 890(7)(b)N R
891(7)(b)CONTAINMENT & INTEGRITY PLAN NOT
REVIEWED/UPDATED EVERY 2 YRS BY
P.E.
Page 4785 of 9661
Category 1998-2004 Violation Text V#1998-2004 Cite Sig ReEval End Date
New UST Cite New Violation text New AST Cite New Violation text
MINERAL ACID SYSTEMS
CONTAINMENT & INTEGRITY PLAN CONTAINS
DOCUMENTATION ON CONSTRUCTION,
MAINTENANCE, WATER LOCATION, CLEANUP
PROCEDURES - AS REQUIRED 217 890(7)(b)1-7 N R
891(7)(b)1-7 CONTAINMENT & INTEGRITY PLAN
CONTAINS NO DOCUMENTATION ON
CONSTRUCTION, MAINTENANCE, WATER
LOCATION, CLEANUP PROCEDURES - AS
REQUIRED
MINERAL ACID SYSTEMS
PE CERTIFICATION OF TANK
INSPECTION/MAINTENANCE IN ACCORDANCE
WITH CIP 218 890(7)(e)N R
891(7)(e)PE CERTIFICATION OF TANK
INSPECTION/MAINTENANCE NOT IN
ACCORDANCE WITH CIP
MINERAL ACID SYSTEMS
PE CERTIFICATION DOCUMENTS PROPER
SECONDARY CONTAINMENT, WHERE CIP NOT
USED 219 890(7)(c)N R
891(7)(c)NO PE CERTIFICATION DOCUMENTS
PROPER SECONDARY CONTAINMENT,
WHERE CIP NOT USED
MINERAL ACID SYSTEMS
TANKS INSTALLED AFTER JULY 1, 1992 HAVE
SECONDARY CONTAINMENT & LINERS
INSTALLED AFTER JULY 13, 1998 220 890(7)(d)B I
891(7)(d)TANKS INSTALLED AFTER JULY 1, 1992
DO NOT HAVE SECONDARY
CONTAINMENT & LINERS INSTALLED
AFTER JULY 13, 1998
MINERAL ACID SYSTEMS
CONTAINMENT & INTEGRITY PLAN OR
CERTIFICATION OF SECONDARY CONTAINMENT
AVAILABLE FOR INSPECTION 221 890(8)N R
891(8)CONTAINMENT & INTEGRITY PLAN OR
CERTIFICATION OF SECONDARY
CONTAINMENT NOT AVAILABLE FOR
INSPECTION
MINERAL ACID SYSTEMS
APPROPRIATE ACTIONS TAKEN IN THE EVENT
OF A DISCHARGE - PRODUCT REMOVAL/TANK
REPAIR - CLOSURE 222 890(9)(a)N I
891(9)(a)APPROPRIATE ACTIONS NOT TAKEN IN
THE EVENT OF A DISCHARGE - PRODUCT
REMOVAL/TANK REPAIR - CLOSURE
MINERAL ACID SYSTEMS
ACTION IMMEDIATELY TAKEN TO CONTAIN,
NEUTRALIZE, ABATE A DISCHARGE 223 890(9)(b)N I
891(9)(b)ACTION IMMEDIATELY NOT TAKEN TO
CONTAIN, NEUTRALIZE, ABATE A
DISCHARGE
DISCHARGE PREVENTION &
RESPONSE
FACILITY OUT OF COMPLIANCE WITH
REQUIREMENTS OF CHAPTER 62-16N 224 62N-16 N R
62N-16 FACILITY OUT OF COMPLIANCE WITH
REQUIREMENTS OF CHAPTER 62-16N
62N-16 FACILITY OUT OF COMPLIANCE WITH
REQUIREMENTS OF CHAPTER 62-16N
Page 4786 of 9661
violation_criteria_id ccc1_compliance_category_id rule violation_text slc1_significance_level_id rtc1_reevaluation_type_id
1001 REGISTRATION 400(1)(a)-(b)SYSTEMS NOT REGISTERED N R
1002 REGISTRATION 400(2)(a)-(e)REGISTRATION FEES NOT PAID N R
1003 REGISTRATION
400(2)(f)REGISTRATION PLACARD IS NOT DISPLAYED
IN PLAIN VIEW N R
1004 FINANCIAL RESPONSIBILITY 400(3)NO FINANCIAL RESPONSIBILITY B R
1005 NOTIFICATION & REPORTING
450(1)(a)1 30 DAY NOTIFICATION BEFORE
INSTALLATION OR UPGRADE NOT
SUBMITTED N N
1006 NOTIFICATION & REPORTING
450(1)(a)2 10 DAY NOTIFICATION BEFORE UST
INTERNAL INSPECTION, CHANGE IN SERVICE
STATUS, CLOSURE, OR CLOSURE
ASSESSMENT NOT SUBMITTED N N
1007 NOTIFICATION & REPORTING
450(1)(a)3 48 HOUR NOTIFICATION BEFORE
INSTALLATION/CLOSURE ACTIVITY, UST
INTERNAL INSPECTION, CHANGE IN SERVICE
STATUS, AND TIGHTNESS TESTS NOT
SUBMITTED N N
1008 NOTIFICATION & REPORTING
450(1)(a)4 EMERGENCY OUT-OF-SERVICE
NOTIFICATION BEFORE NEXT BUSINESS DAY
NOT SUBMITTED N N
1009 NOTIFICATION & REPORTING
450(1)(b)REGISTRATION UPDATE AFTER CHANGE OF
OWNERSHIP, CLOSURE/UPGRADE, OR
CHANGE IN FINANCIAL RESPONSIBILITY NOT
SUBMITTED WITHIN 30 DAYS N N
1010 NOTIFICATION & REPORTING
450(2)INCIDENT NOT REPORTED WITHIN 24 HOURS
OR BY NEXT BUSINESS DAY N N
1011 NOTIFICATION & REPORTING
450(3)(a)DISCHARGE NOT REPORTED WITHIN 24
HOURS OR BY NEXT BUSINESS DAY B N
1012 NOTIFICATION & REPORTING
450(3)(b)COPY OF ANALYTICAL OR FIELD TEST
RESULTS CONFIRMING DISCHARGE NOT
SUBMITTED WITH DRF N R
1013
CATEGORY C SYSTEMS - GENERAL
PERFORMANCE
500(1)(a)SITING REQUIREMENTS NOT MET
N I
1014
CATEGORY C SYSTEMS - GENERAL
PERFORMANCE
500(1)(b)IMPERVIOUS SPILL CONTAINMENT NOT
INSTALLED OR DOES NOT MEET
STANDARDS B I
1015
CATEGORY C SYSTEMS - GENERAL
PERFORMANCE
500(1)(c)DISPENSING SYSTEMS DO NOT MEET
STANDARDS N I
1016
CATEGORY C SYSTEMS - GENERAL
PERFORMANCE
500(1)(d)1-2 SECONDARY CONTAINMENT/LINERS DOES
NOT MEET GENERAL STANDARDS B I
1017
CATEGORY C SYSTEMS - GENERAL
PERFORMANCE
500(1)(d)3 CONCRETE SECONDARY CONTAINMENT
DOES NOT MEET STANDARDS B I
1018
CATEGORY C SYSTEMS - GENERAL
PERFORMANCE
500(1)(e)2 CATHODIC PROTECTION TEST
STATION/METHOD AND OPERATION DOES
NOT MEET REQUIREMENTS N I
1019
CATEGORY C SYSTEMS - GENERAL
PERFORMANCE
500(1)(e)4 SECONDARY CONTAINMENT NOT PROPERLY
DESIGNED OR CONSTRUCTED FOR
RELEASE DETECTION, BREECH OF
INTEGRITY, OR CATHODIC PROTECTION
N I
1020
CATEGORY C SYSTEMS - GENERAL
PERFORMANCE
500(1)(e)5 FAILURE TO ALLOW FOR/PERFORM A
BREACH OF INTEGRITY TEST N I
1021
CATEGORY C SYSTEMS - GENERAL
PERFORMANCE
500(1)(e)6 FAILURE TO PROVIDE A MONITORING POINT
FOR SECONDARY CONTAINMENT N I
1022
CATEGORY C SYSTEMS - GENERAL
PERFORMANCE
500(1)(e)7 HYDRANT PIT SECONDARY CONTAINMENT
DOES NOT MEET STANDARDS N I
1023
CATEGORY C SYSTEMS - GENERAL
PERFORMANCE
500(1)(f)UNDERGROUND TANK RELOCATION
REQUIREMENTS NOT MET N I
1024
CATEGORY C SYSTEMS - GENERAL
PERFORMANCE
500(1)(h)REUSED TANKS NOT PROPERLY CERTIFIED
N R
1025 CATEGORY C SYSTEMS - UST SYSTEMS
500(2)(a) NOT INSTALLED ACCORDING TO
MANUFACTURER'S INSTRUCTIONS N I
1026 CATEGORY C SYSTEMS - UST SYSTEMS
500(2)(b)INSTALLED ACCORDING TO REFERENCE
STANDARDS - NFPA 30; NFPA 30A; API 1615;
PEI 100 B I
1027 CATEGORY C SYSTEMS - UST SYSTEMS
500(2)(c)WORK NOT PERFORMED BY A CERTIFIED
CONTRACTOR N R
1028 CATEGORY C SYSTEMS - UST SYSTEMS
500(2)(d)TANK AND INTEGRAL PIPING NOT TESTED
PROPERLY (TIGHTNESS OR APPROVED
TEST METHOD)N I
1029 CATEGORY C SYSTEMS - UST SYSTEMS
500(3)TANK NOT CONSTRUCTED TO STANDARDS,
OR APPROVED PER 62-761.850(2)
N I
1030 CATEGORY C SYSTEMS - UST SYSTEMS
500(4)NOT INSTALLED WITH SECONDARY
CONTAINMENT B I
1031 CATEGORY C SYSTEMS - UST SYSTEMS
500(5)UST NOT PROVIDED WITH OVERFILL
PROTECTION B I
1032 CATEGORY C SYSTEMS - UST SYSTEMS
500(5)(a)FILLBOX COVERS NOT MARKED ACCORDING
TO API RP 1637, OR EQUIVALENT METHOD
N I
1033 CATEGORY C SYSTEMS - UST SYSTEMS
500(5)(b)FAILURE TO PROVIDE OVERFILL THAT
SHUTS OFF/RESTRICTS FLOW OR TRIGGERS
ALARM B I
1034 CATEGORY C SYSTEMS - UST SYSTEMS
500(6)DISPENSER LINERS NOT INSTALLED,
TESTED AND ALLOW FOR INTERSTITIAL
MONITORING B I
1035 CATEGORY C SYSTEMS - UST SYSTEMS
500(7)PIPING SUMPS NOT INSTALLED, TESTED
AND ALLOW FOR INTERSTITIAL MONITORING
B I
1036 CATEGORY C SYSTEMS - INTEGRAL PIPING
500(8)(a)1,2 NOT INSTALLED ACCORDING TO
REFERENCE STANDARDS - NFPA30, 30A,
ASME B31.4, AND MANUFACTURER'S
INSTRUCTIONS B I
1037 CATEGORY C SYSTEMS - INTEGRAL PIPING
500(8)(a)3 BULK PRODUCT UST PIPING NOT
APPROPRIATELY TESTED BEFORE PLACED
IN SERVICE N I
1038
500(8)(a)4 NEW PIPING NOT IN CONTACT WITH SOIL
NOT INSTALLED TO STANDARDS B I
1039 CATEGORY C SYSTEMS - INTEGRAL PIPING
500(8)(b)PIPING NOT MEETING REFERENCE
STANDARDS AND / OR APPROVED PER 62-
761.850(2)B R
1040 CATEGORY C SYSTEMS - INTEGRAL PIPING
500(8)(c)1 SMALL DIAMETER PIPING PRESSURIZED:
SHEAR, EMERGENCY SHUTOFF VALVES NOT
PROPERLY INSTALLED N I
1041 CATEGORY C SYSTEMS - INTEGRAL PIPING
500(8)(c)2 SMALL DIAMETER PIPING WITH GRAVITY-
HEAD: ISOLATION VALVES NOT PROPERLY
INSTALLED AND NOT MEETING NFPA 30A
SECTION 2-1.7 N I
1042 CATEGORY C SYSTEMS - INTEGRAL PIPING
500(8)(d)BULK PRODUCT PIPING NOT INSTALLED
ACCORDING TO REFERENCE STANDARDS -
NFPA 30, 30A, ASME B31.4 B I
1043 CATEGORY C SYSTEMS - INTEGRAL PIPING
500(8)(e)1 PIPING IN SOIL OR OVER WATER DOES NOT
HAVE SECONDARY CONTAINMENT B I
1044 CATEGORY C SYSTEMS - INTEGRAL PIPING
500(8)(e)2,3 BULK PRODUCT AND REMOTE FILL PIPING IN
SOIL DOES NOT HAVE SECONDARY
CONTAINMENT B I
GUIDANCE DOCUMENT A - VIOLATION LIST
Page 4787 of 9661
1045
CATEGORY C SYSTEMS - GENERAL
PERFORMANCE
501(1)(f)1 CATHODIC PROTECTION TEST
STATION/MONITORING METHOD NOT
DESIGNED AND INSTALLED PROPERLY N I
1046
501(1)(f)3 CATHODIC PROTECTION NOT DESIGNED BY
CORROSION PROFESSIONAL N I
1047
CATEGORY A/B SYSTEMS - GENERAL
PERFORMANCE
510(1)(b)1 SHEAR OR EMERGENCY SHUTOFF VALVES
NOT INSTALLED BY 12/31/1998 B I
1048
CATEGORY A/B SYSTEMS - GENERAL
PERFORMANCE
510(1)(b)2 NO CATHODIC PROTECTION TEST STATION
METHOD BY 12/31/1998 N I
1049
CATEGORY A/B SYSTEMS - GENERAL
PERFORMANCE
510(1)(b)3 FILL BOXES COLOR-NOT CODED BY
12/31/1998 N I
1050
CATEGORY A/B SYSTEMS - GENERAL
PERFORMANCE
510(1)(b)4 AST'S REINSTALLED AS UST'S NOT MEETING
RULE BY 12/31/1998 N R
1051
CATEGORY A/B SYSTEMS - GENERAL
PERFORMANCE
510(1)(c)NO CLOSURE ASSESSMENT PRIOR TO TANK
SYSTEM COMPONENT UPGRADE B R
1052
CATEGORY A/B SYSTEMS - GENERAL
PERFORMANCE
510(1)(d)NO VALVES MEETING NFPA 30A STANDARDS
INSTALLED FOR PIPING SYSTEMS WITH
GRAVITY HEAD N I
1053
CATEGORY A/B SYSTEMS - GENERAL
PERFORMANCE
510(1)(e)NO SECONDARY CONTAINMENT FOR PIPE
OVER WATER BY 12/31/2004 B I
1054 CATEGORY A/B SYSTEMS - UST SYSTEMS
510(3)(a)CATEGORY B USTS NOT INSTALLED WITH
SECONDARY CONTAINMENT A I
1055 CATEGORY A/B SYSTEMS - UST SYSTEMS
510(3)(b)HAZARDOUS SUBSTANCE USTS INSTALLED
AFTER 1/1/1991 DOES NOT HAVE
SECONDARY CONTAINMENT A I
1056 CATEGORY A/B SYSTEMS - UST SYSTEMS
510(4)PIPING NOT INSTALLED WITH SECONDARY
CONTAINMENT AFTER 12/31/1990
A I
1057 CATEGORY A/B SYSTEMS - UST SYSTEMS
510(5)ALL SYSTEMS NOT MEETING
REQUIREMENTS OF TABLE UST A I
1058 RELEASE DETECTION - GENERAL
600(1)(a)1 CANNOT DETECT A NEW RELEASE FROM
ANY PORTION OF THE SYSTEM N I
1059 RELEASE DETECTION - GENERAL
600(1)(a)2 NOT INSTALLED, CALIBRATED, OPERATED
PER MANUFACTURER'S SPECIFICATIONS N I
1060 RELEASE DETECTION - GENERAL
600(1)(a)3 NOT MEETING PERFORMANCE STANDARDS;
NOR ALL MANUFACTURER'S CLAIMS
RETAINED N R
1061 RELEASE DETECTION - GENERAL
600(1)(c)RELEASE DETECTION METHOD NOT
PROVIDED UPON INSTALLATION N R
1062 RELEASE DETECTION - GENERAL
600(1)(d)RELEASE DETECTION NOT PERFORMED AT
LEAST ONCE A MONTH B R
1063 RELEASE DETECTION - GENERAL
600(1)(e)CONTINUOUS ELECTRONIC LEAK
DETECTION NOT INSPECTED MONTHLY N R
1064 RELEASE DETECTION - GENERAL
600(1)(f)SITE SUITABILITY DETERMINATION NOT
PERFORMED BY 12/31/1998 B R
1065 RELEASE DETECTION - GENERAL
600(1)(g)VAPOR MONITORING PLANS NOT IN PLACE
BY 12/31/1998 B R
1066 RELEASE DETECTION - GENERAL
600(1)(h)NO INTERSTITIAL MONITORING FOR
SECONDARY CONTAINMENT B I
1067 RELEASE DETECTION - GENERAL
600(1)(i)LINE LEAK DETECTOR NOT PROVIDED FOR
PRESSURIZED PIPING B I
1068
600(1)(j)STORAGE TANK SYSTEM WITHOUT RELEASE
DETECTION BY DUE DATE NOT
PERMANENTLY CLOSED B I
1069 RELEASE DETECTION - GENERAL
600(1)(k)MONITORING WELLS NO LONGER USED FOR
RELEASE DETECTION NOT CLOSED N I
1070 RELEASE DETECTION - UST SYSTEMS
600(2)RELEASE DETECTION NOT PROVIDED
ACCORDING TO TABLE RD A I
1071 RELEASE DETECTION - UST SYSTEMS
600(3)GROUNDWATER MONITORING PLANS OR
SPCC PLANS BEFORE 12/22/90 DO NOT MEET
62-761.640(1)(A)N R
1072 RELEASE DETECTION - UST SYSTEMS
600(5)MONITORING WELLS NOT MEETING 62-
761.640(2) BY 12/31/1998 N R
1073 RELEASE DETECTION - GENERAL
610(1)(a)CATEGORIES A & B NO RELEASE
DETECTION, AND RD NOT MEETING
STANDARDS B I
1074 RELEASE DETECTION - GENERAL
610(1)(b)CATEGORY C RELEASE DETECTION IS NOT:
INTERSTITIAL MONITORING FOR
SECONDARY-CONTAINED TANKS, ALL
PIPING; LINE LEAK DETECTOR FOR
PRESSURIZED PIPING; CONTINUOUS
INTERSTITIAL MONITORING WITH PUMP
SHUTOFF FOR SECONDARY-CONTAINED
PRESSURIZED PIPING.A I
1075 RELEASE DETECTION - UST SYSTEMS
610(2)CATEGORY A & B SYSTEMS DO NOT HAVE
RELEASE DETECTION METHOD A I
1076
RELEASE DETECTION - SMALL DIAMETER
PIPING
610(3)(a)1 SINGLE WALLED SUCTION PIPING DOES NOT
HAVE ANNUAL LINE TEST OR 62-761.640(2)
METHOD B N
1077
RELEASE DETECTION - SMALL DIAMETER
PIPING
610(3)(a)2 SINGLE WALLED PRESSURIZED PIPING
DOES NOT HAVE MECHANICAL LEAK
DETECTORS / ANNUAL TIGHTNESS TEST, OR
ELECTRONIC LEAK DETECTOR B I
1078
RELEASE DETECTION - SMALL DIAMETER
PIPING
610(3)(b)ABOVEGROUND PIPING NOT VISUALLY
INSPECTED B N
1079
RELEASE DETECTION - SMALL DIAMETER
PIPING
610(3)(c)SECONDARY-CONTAINED PIPING IN
CONTACT WITH SOIL DOES NOT HAVE:
INTERSTITIAL MONITORING, LINE LEAK
DETECTOR IF APPLICABLE, AND A BREACH
OF INTEGRITY TESTING METHOD N I
1080 RELEASE DETECTION - GENERAL
640(1)(a)DEVICE DOES NOT MEET GENERAL
STANDARDS; CANNOT DETECT 0.2 GAL/HR
OR 150 GALLON RELEASE WITHIN 30 DAYS,
WITH 0.95 DETECTION PROBABILITY AND
0.05 FALSE ALARM PROBABILITY
N R
1081 RELEASE DETECTION - GENERAL
640(1)(b)RELEASE DETECTION METHOD HAS NO DEP
EQUIPMENT APPROVAL IN ACCORDANCE
WITH 62-761.850(2)N R
1082 RELEASE DETECTION - GENERAL
640(1)(c)NO RELEASE DETECTION RESPONSE LEVEL
DESCRIBED IN WRITING N R
1083 RELEASE DETECTION - EXTERNAL
640(2)(a)MONITORING WELL CONSTRUCTION
STANDARDS NOT MET N I
1084 RELEASE DETECTION - EXTERNAL
640(2)(c)2 FREE PRODUCT OR SHEEN PRESENT IN
WELLS N I
1085 RELEASE DETECTION - EXTERNAL
640(2)(c)3 ANOTHER METHOD NOT USED WHEN < 1' OF
WATER IN WELL OR WATER ABOVE SLOTS
N I
1086 RELEASE DETECTION - EXTERNAL
640(2)(c)4 MONITORING WELL RECORDS DO NOT MEET
RECORDING REQUIREMENTS N R
1087 RELEASE DETECTION - EXTERNAL
640(2)(d)2 VAPOR MONITORING WELLS RENDERED
INOPERATIVE N I
1088 RELEASE DETECTION - EXTERNAL
640(2)(d)3 RELEASE DETECTION EQUIPMENT CANNOT
DETECT APPROPRIATE CONTAMINANT
LEVELS IN PARTS PER MILLION UNITS (PPM)
N R
1089 RELEASE DETECTION - EXTERNAL
640(2)(d)4 VAPOR MONITORING USED WHERE
EXISTING CONTAMINATION INTERFERES N R
1090 RELEASE DETECTION - EXTERNAL
640(2)(d)5 VAPOR MONITORING PLAN NOT DEVELOPED
AND IMPLEMENTED ACCORDING TO
GUIDELINES N N
Page 4788 of 9661
1091 RELEASE DETECTION - EXTERNAL
640(2)(e)PROBLEMS FOUND DURING VISUAL
INSPECTIONS NOT NOTED N I
1092 RELEASE DETECTION - INTERNAL
640(3)(a)1 INTERSTITIAL MONITORING OF SECONDARY-
CONTAINED SYSTEMS WITH NON-
APPROVED METHOD N R
1093 RELEASE DETECTION - INTERNAL
640(3)(a)3 DOES NOT MEET VACUUM MONITORING
REQUIREMENTS N R
1094 RELEASE DETECTION - INTERNAL
640(3)(a)4 DOES NOT MEET INTERSTITIAL MONITORING
REQUIREMENTS FOR LINER SYSTEMS
N I
1095 RELEASE DETECTION - INTERNAL
640(3)(b)INVENTORY CONTROL NOT MAINTAINED
FOR SINGLE-WALLED VEHICULAR SYSTEMS
N R
1096 RELEASE DETECTION - INTERNAL
640(3)(b)3 WATER FLUCTUATIONS > 1.0" NOT
INVESTIGATED, SYSTEM NOT TESTED N I
1097 RELEASE DETECTION - INTERNAL
640(3)(b)4 INVENTORY CONTROL PERFORMED FOR
SYSTEMS >30,000 GALLONS N R
1098 RELEASE DETECTION - INTERNAL
640(3)(c)MANUAL TANK GAUGING DOES NOT MEET
REQUIREMENTS N R
1099 RELEASE DETECTION - INTERNAL
640(3)(d)ATG SYSTEM NOT IN TEST MODE EVERY 30
DAYS NOR OPERATED CONTINUOUSLY N R
1100 RELEASE DETECTION - INTERNAL
640(3)(e)MONTHLY SIR ANALYSES NOT PROVIDING:
LEAK THRESHOLD, MINIMUM DETECTABLE
LEAK RATE, CALCULATED LEAK RATE, AND A
RESULT DETERMINATION N R
1101 RELEASE DETECTION - INTERNAL
640(3)(e)9 MONTHLY SIR EVALUATIONS NOT
RECORDED ON FORM 900(7) OR
EQUIVALENT N R
1102 RELEASE DETECTION - INTERNAL
640(3)(f)TIGHTNESS TESTING OPERATIONAL
REQUIREMENTS NOT MET WHEN USED AS
RELEASE DETECTION (TIGHTNESS TESTING
NOT MEET STANDARDS)N R
1103
RELEASE DETECTION - SMALL DIAMETER
PIPING
640(4)(a)UST LINE LEAK DETECTOR CANNOT DETECT
3.0 GPH DISCHARGE, NOT TESTED
ANNUALLY N R
1104
RELEASE DETECTION - SMALL DIAMETER
PIPING
640(4)(a)5 CONTINUOUSLY OPERATING INTERSTITIAL
MONITOR CANNOT DETECT 10 GALLONS OF
PRODUCT WITHIN HOUR AND SHUT OFF
PUMP N R
1105
REPAIRS OPERATION & MAINTENANCE -
GENERAL
700(1)(a)1 NOT REPAIRED COMPONENT WHICH HAS OR
COULD CAUSE A DISCHARGE N I
1106
REPAIRS OPERATION & MAINTENANCE -
GENERAL
700(1)(a)2 NOT TAKEN OUT OF OPERATION UNTIL
REPAIR IS MADE B I
1107
REPAIRS OPERATION & MAINTENANCE -
GENERAL
700(1)(a)3 NOT REPAIRED PER NFPA 30 OR OTHER
APPLICABLE STANDARDS N I
1108
REPAIRS OPERATION & MAINTENANCE -
GENERAL
700(1)(a)4 REPAIRED COMPONENTS NOT TESTED AS
APPLICABLE N I
1109
REPAIRS OPERATION & MAINTENANCE -
GENERAL
700(1)(a)5 REPAIRS TO TANKS NOT MADE BY
AUTHORIZED REPRESENTATIVE N I
1110
REPAIRS OPERATION & MAINTENANCE -
GENERAL
700(1)(a)6 PIPING THAT IS DAMAGED OR HAS
DISCHARGED IS NOT REPLACED N I
1111 REPAIRS OPERATION & MAINTENANCE - CP
700(1)(b)1 NOT OPERATED AND MAINTAINED TO
PROVIDE CONTINUOUS PROTECTION N I
1112 REPAIRS OPERATION & MAINTENANCE - CP
700(1)(b)2a NOT INSPECTED 6 MONTHS AFTER
INSTALLATION OR REPAIR AND ANNUALLY/3
YEARS N I
1113 REPAIRS OPERATION & MAINTENANCE - CP
700(1)(b)2b IMPRESSED CURRENT SYSTEM NOT
INSPECTED EVERY TWO MONTHS N R
1114 REPAIRS OPERATION & MAINTENANCE - CP
700(1)(b)3 SYSTEMS THAT DO NOT MEET
REQUIREMENTS NOT REPAIRED/TAKEN OUT
OF SERVICE N I
1115
REPAIRS OPERATION & MAINTENANCE - O &
M
700(1)(c)1 SPILL CONTAINMENT, DISPENSER LINERS
AND PIPING SUMPS ACCESSIBLE; WATER
AND REGULATED SUBSTANCES NOT
REMOVED N I
1116
REPAIRS OPERATION & MAINTENANCE - O &
M
700(1)(c)2 NOT ENSURED VOLUME AVAILABLE IN TANK
IS GREATER THAN THE VOLUME
TRANSFERRED AND/OR FAILURE TO
MONITOR DURING PRODUCT TRANSFER
OPERATION N R
1117
REPAIRS OPERATION & MAINTENANCE - O &
M
700(1)(c)3 RELEASE DETECTION DEVICES NOT TESTED
ANNUALLY N R
1118
REPAIRS OPERATION & MAINTENANCE - O &
M
700(1)(c)5 INVENTORY CONTROL FOR VEHICULAR
FUEL TANKS WITHOUT SECONDARY
CONTAINMENT NOT USED N R
1119
REPAIRS OPERATION & MAINTENANCE -
UST SYSTEMS
700(3)NOT TESTED BEFORE PLACING BACK INTO
SERVICE (TIGHTNESS/OTHER APPROVED
METHOD)N R
1120
REPAIRS OPERATION & MAINTENANCE -
UST SYSTEMS
700(4)TANK NOT REPAIRED BY LINING PER API
1631, NOT INSPECTED PER NLPA 631 CH. B,
AND CATHODIC PROTECTION NOT
INSTALLED PROPERLY, NOT TESTED IN
STATED TIME FRAMES N R
1121
REPAIRS OPERATION & MAINTENANCE -
UST SYSTEMS
700(6)TANK UPGRADED WITH INTERNAL LINING
INSPECTED AND TIGHTNESS TESTED 10/5
YEARS N R
1122 RECORD KEEPING
710(1)PERMANENT RECORDS NOT AVAILABLE
WITHIN 5 WORKING DAYS NOTICE; NO
REASONABLE FACILITY ACCESS N N
1123 RECORD KEEPING
710(2)RECORDS REQUIRING 2-YEAR
DOCUMENTATION PERIOD NOT KEPT BY
FACILITY N N
1124 RECORD KEEPING
710(3)RECORDS REQUIRED FOR LIFE OF SYSTEM
NOT KEPT BY FACILITY N N
1125 OUT OF SERVICE - GENERAL
800(1)(a)1 REQUIREMENTS NOT MET FOR OUT OF
SERVICE SYSTEMS N I
1126 OUT OF SERVICE - GENERAL
800(1)(a)2, 4 UPGRADES AND TESTING NOT PERFORMED
BEFORE RETURNING SYSTEM TO SERVICE
N I
1127 OUT OF SERVICE - UST SYSTEMS
800(1)(b)1 NO TIGHTNESS/BREACH OF INTEGRITY TEST
BEFORE RETURNING TO SERVICE N I
1128 OUT OF SERVICE - UST SYSTEMS
800(1)(b)2 SYSTEM OUT OF SERVICE LONGER THAN
ALLOWED TIME LIMIT N I
1129 CLOSURE - GENERAL
800(2)(a)1a LIQUIDS AND SLUDGE NOT REMOVED FROM
TANK(S)N I
1130 CLOSURE - GENERAL
800(2)(a)1b INTEGRAL PIPING NOT PROPERLY CLOSED,
MANWAYS NOT SECURED N I
1131 CLOSURE - GENERAL
800(2)(a)3 MONITORING WELLS NOT CLOSED UPON
SYSTEM CLOSURE N I
1132 CLOSURE - ASSESSMENT
800(2)(b)1 UNMAINTAINED USTS NOT PROPERLY
CLOSED WITHIN 90 DAYS OF DISCOVERY B I
1133 CLOSURE - UST SYSTEMS
800(2)(c)2a CLOSURE NOT PERFORMED ACCORDING TO
API RP 1604 CHAPTER 1,3,4,5,7-PERMANENT
CLOSURE REQUIREMENTS, STORAGE,
DISPOSAL AND ACCORDING TO NFPA 30
APPENDIX C N R
1134 CLOSURE - UST SYSTEMS
800(2)(c)2b NOT PROPERLY CLOSED IN PLACE NOR
CERTIFIED CONTRACTOR PERFORMED
TANK REMOVAL(S)N I
1135 CLOSURE - ASSESSMENT
800(3)(a)&(b)CLOSURE ASSESSMENT REQUIRED AND
NOT PERFORMED N R
Page 4789 of 9661
1136 CLOSURE - ASSESSMENT
800(3)(c)SAMPLING NOT IN ACCORDANCE WITH
APRIL, 1998 "STORAGE TANK SYSTEM
CLOSURE ASSESSMENT REQUIREMENTS"N R
1137 CLOSURE - ASSESSMENT
800(3)(d)CLOSURE ASSESSMENT NOT SUBMITTED
WITHIN 60 DAYS B N
1138 DISCHARGE RESPONSE 820(1)(a),(b),(c)INCIDENT NOT PROMPTLY INVESTIGATED N N
1139 DISCHARGE RESPONSE
820(1)(d)SPILL OR LOSS OF REGULATED SUBSTANCE
INTO SECONDARY CONTAINMENT NOT
REMOVED WITHIN THREE DAYS OF
DISCOVERY N N
1140 DISCHARGE RESPONSE
820(2)(a)ACTIONS NOT TAKEN IMMEDIATELY TO
CONTAIN, REMOVE AND ABATE THE
DISCHARGE; FREE PRODUCT PRESENT NOT
BEING REMOVED N R
1141 DISCHARGE RESPONSE
820(2)(b)1 UNKNOWN DISCHARGE SOURCE NOT
INVESTIGATED PER NFPA 329 CH. 3 & 5 N R
1142 DISCHARGE RESPONSE
820(2)(b)2 REGULATED SUBSTANCE NOT REMOVED
FROM SYSTEM TO PREVENT FURTHER
DISCHARGE TO THE ENVIRONMENT N R
1143 DISCHARGE RESPONSE
820(2)(b)3 FIRE, EXPLOSION, AND VAPOR HAZARDS
NOT IDENTIFIED AND MITIGATED N R
1144 DISCHARGE RESPONSE 820(2)(b)4 SYSTEM NOT REPAIRED NOR CLOSED N R
1145 DISCHARGE RESPONSE
820(2)(c)SYSTEM NOT TESTED UPON AGENCY
DETERMINATION OF DISCHARGE OR
RELEASE DETECTION ISSUE N R
1146 DISCHARGE RESPONSE
820(2)(d)1 SYSTEM NOT TESTED WITHIN 3 DAYS TO
CONFIRM A DISCHARGE, IF NECESSARY N R
1147 DISCHARGE RESPONSE
820(2)(d)2 LEAKING SYSTEM NOT PLACED OUT OF
SERVICE WITHIN 3 DAYS OF DISCOVERY,
UNTIL REPAIRED, REPLACED, OR CLOSED
N R
1148 DISCHARGE RESPONSE
820(2)(e)CONTAMINATED SOIL NOT EXCAVATED,
DISPOSED OF OR STOCKPILED, IS MANAGED
IN ACCORDANCE WITH CHAPTER 62-770,
FAC N R
1149
EQUIPMENT APPROVALS/ALTERNATE
PROCEDURES
850(1)FACILITY NOT IN COMPLIANCE WITH
ALTERNATE PROCEDURE N R
1150
EQUIPMENT APPROVALS/ALTERNATE
PROCEDURES
850(2)EQUIPMENT NOT APPROVED BY
DEPARTMENT BEFORE INSTALLATION OR
USE N R
1151 DISCHARGE PREVENTION & RESPONSE
62N-16 FACILITY OUT OF COMPLIANCE WITH
REQUIREMENTS OF CHAPTER 62-16N N R
2001 REGISTRATION 401(1)(a)-(b)SYSTEMS NOT REGISTERED N R
2002 REGISTRATION
401(2)(a)1-5;
401(2)(b)REGISTRATION FEES NOT PAID N R
2003 REGISTRATION 401(2)(a)6
REGISTRATION PLACARD IS NOT DISPLAYED
IN PLAIN VIEW N R
2004 FINANCIAL RESPONSIBILITY 401(3)NO FINANCIAL RESPONSIBILITY B R
2005 NOTIFICATION & REPORTING 451(1)(a)1
30 DAY NOTIFICATION BEFORE
INSTALLATION OR UPGRADE NOT
SUBMITTED N N
2006 NOTIFICATION & REPORTING 451(1)(a)2
10 DAY NOTIFICATION BEFORE API 653
INSPECTION, CHANGE IN SERVICE STATUS,
CLOSURE, OR CLOSURE ASSESSMENT NOT
SUBMITTED N N
2007 NOTIFICATION & REPORTING 451(1)(a)3
48 HOUR NOTIFICATION BEFORE
INSTALLATION/CLOSURE ACTIVITY, API 653
INSPECTION, CHANGE IN SERVICE STATUS,
AND TIGHTNESS TESTS NOT SUBMITTED N N
2008 NOTIFICATION & REPORTING 451(1)(a)4
EMERGENCY OUT-OF-SERVICE
NOTIFICATION BEFORE NEXT BUSINESS DAY
NOT SUBMITTED N N
2009 NOTIFICATION & REPORTING 451(1)(b)
REGISTRATION UPDATE AFTER CHANGE OF
OWNERSHIP, CLOSURE/UPGRADE, OR
CHANGE IN FINANCIAL RESPONSIBILITY NOT
SUBMITTED WITHIN 30 DAYS N N
2010 NOTIFICATION & REPORTING 451(2)
INCIDENT NOT REPORTED WITHIN 24 HOURS
OR BY NEXT BUSINESS DAY N N
2011 NOTIFICATION & REPORTING 451(3)(a)
DISCHARGE NOT REPORTED WITHIN 24
HOURS OR BY NEXT BUSINESS DAY B N
2012 NOTIFICATION & REPORTING 451(3)(b)
COPY OF ANALYTICAL OR FIELD TEST
RESULTS CONFIRMING DISCHARGE NOT
SUBMITTED WITH DRF N R
2013
CATEGORY C SYSTEMS - GENERAL
PERFORMANCE 501(1)(a)SITING REQUIREMENTS NOT MET N I
2014
CATEGORY C SYSTEMS - GENERAL
PERFORMANCE 501(1)(b)
AST SYSTEM EXTERIOR COATING DOES NOT
MEET STANDARDS N I
2015
CATEGORY C SYSTEMS - GENERAL
PERFORMANCE 501(1)(c)
IMPERVIOUS SPILL CONTAINMENT NOT
INSTALLED OR DOES NOT MEET
STANDARDS B I
2016
CATEGORY C SYSTEMS - GENERAL
PERFORMANCE 501(1)(d)
DISPENSING SYSTEMS DO NOT MEET
STANDARDS N I
2017
CATEGORY C SYSTEMS - GENERAL
PERFORMANCE 501(1)(e)1-2
SECONDARY CONTAINMENT/LINERS DOES
NOT MEET STANDARDS B I
2018
CATEGORY C SYSTEMS - GENERAL
PERFORMANCE 501(1)(e)3
CONCRETE SECONDARY CONTAINMENT
DOES NOT MEET STANDARDS B I
2019
CATEGORY C SYSTEMS - GENERAL
PERFORMANCE 501(1)(e)4
SECONDARY CONTAINMENT NOT PROPERLY
DESIGNED OR CONSTRUCTED FOR
RELEASE DETECTION, OR CATHODIC
PROTECTION N I
2020
CATEGORY C SYSTEMS - GENERAL
PERFORMANCE 501(1)(e)5
FAILURE TO ALLOW FOR/PERFORM A
BREACH OF INTEGRITY TEST N I
2021
CATEGORY C SYSTEMS - GENERAL
PERFORMANCE 501(1)(e)6
FAILURE TO PROVIDE A MONITORING POINT
FOR SECONDARY CONTAINMENT N I
2022
CATEGORY C SYSTEMS - GENERAL
PERFORMANCE 501(1)(e)7
HYDRANT PIT SECONDARY CONTAINMENT
DOES NOT MEET STANDARDS N I
2023
CATEGORY C SYSTEMS - GENERAL
PERFORMANCE 501(1)(f)1
CATHODIC PROTECTION TEST
STATION/MONITORING METHOD NOT
DESIGNED AND INSTALLED PROPERLY N I
2024
CATEGORY C SYSTEMS - GENERAL
PERFORMANCE 501(1)(f)2
CATHODIC PROTECTION TEST
STATION/METHOD AND OPERATION DOES
NOT MEET REQUIREMENTS N I
2025 501(1)(f)3
CATHODIC PROTECTION NOT DESIGNED BY
CORROSION PROFESSIONAL N I
2026
CATEGORY C SYSTEMS - GENERAL
PERFORMANCE 501(1)(g)
ABOVEGROUND TANK RELOCATION
REQUIREMENTS NOT MET N I
2027
CATEGORY C SYSTEMS - GENERAL
PERFORMANCE 501(1)(h)REUSED TANKS NOT PROPERLY CERTIFIED N R
2028 CATEGORY C SYSTEMS - AST SYSTEMS 501(2)(a)
INSTALLED ACCORDING TO NFPA 30, NFPA
30A, PEI RP 200-96, AND TO
MANUFACTURER'S INSTRUCTIONS N I
2029 CATEGORY C SYSTEMS - AST SYSTEMS 501(2)(b)1
SHOP-FABRICATED TANKS NOT
CONSTRUCTED TO REFERENCE
STANDARDS OR APPROVED PER 62-
761.850(2)N R
2030 CATEGORY C SYSTEMS - AST SYSTEMS 501(2)(b)2
FIELD-ERECTED TANKS NOT CONSTRUCTED
TO REFERENCE STANDARDS OR APPROVED
PER 62-761.850(2)N R
Page 4790 of 9661
2031 CATEGORY C SYSTEMS - AST SYSTEMS 501(2)(b)3
NEW FIELD ERECTED TANKS DOES NOT
HAVE API 653 INSPECTION SCHEDULE
ESTABLISHED N R
2032 CATEGORY C SYSTEMS - AST SYSTEMS 501(2)(b)4
CATHODIC PROTECTION INSTALLATION
DOES NOT MEET REQUIREMENTS N R
2033 CATEGORY C SYSTEMS - AST SYSTEMS 501(2)(c)
INSTALLED WITH SECONDARY
CONTAINMENT FOR NON-EXEMPT AST
SYSTEMS B I
2034 CATEGORY C SYSTEMS - AST SYSTEMS 501(2)(c)2
CONTAINMENT BENEATH FIELD ERECTED
TANK DOES NOT MEET API 650 B I
2035 CATEGORY C SYSTEMS - AST SYSTEMS 501(2)(c)3a
DIKE FIELD CONTAINMENT DOES NOT
MEETS NFPA 30 CH. 2-3 B I
2036 CATEGORY C SYSTEMS - AST SYSTEMS 501(2)(c)3b 110% CONTAINMENT NOT MET N I
2037 CATEGORY C SYSTEMS - AST SYSTEMS 501(2)(c)3c
CONTAINMENT NOT PROVIDED WITH
DRAINAGE N I
2038 CATEGORY C SYSTEMS - AST SYSTEMS 501(2)(c)3d
PENETRATIONS THROUGH CONTAINMENT
NOT PROPERLY SEALED N I
2039 CATEGORY C SYSTEMS - AST SYSTEMS 501(2)(c)3e
STEEL CONTAINMENT NOT TESTED PER UL
142 N I
2040 CATEGORY C SYSTEMS - AST SYSTEMS 501(2)(d)1 FUEL TRANSFER NOT MONITORED B I
2041 CATEGORY C SYSTEMS - AST SYSTEMS 501(2)(d)2
OVERFILL PROTECTION NOT PERFORMED
PER API RP 2350 FOR WATERFRONT
FACILITIES WITH FIELD ERECTED GASOLINE
STORAGE TANKS B I
2042 CATEGORY C SYSTEMS - AST SYSTEMS 501(2)(d)3
FILLBOX COVERS NOT MARKED ACCORDING
TO API RP 1637, OR EQUIVALENT METHOD N I
2043 CATEGORY C SYSTEMS - AST SYSTEMS 501(2)(d)4
LEVEL GAUGE/HI-LEVEL ALARM/PUMP
SHUTOFF/GAUGING STICK NOT PROVIDED B I
2044 CATEGORY C SYSTEMS - AST SYSTEMS 501(2)(e)
DISPENSER LINERS NOT INSTALLED,
TESTED AND ALLOW FOR INTERSTITIAL
MONITORING B I
2045 CATEGORY C SYSTEMS - AST SYSTEMS 501(2)(f)
PIPING SUMPS NOT INSTALLED, TESTED
AND ALLOW FOR INTERSTITIAL MONITORING B I
2046 CATEGORY C SYSTEMS - INTEGRAL PIPING 501(3)(a)1, 2
NOT INSTALLED ACCORDING TO
REFERENCE STANDARDS - NFPA30, 30A,
ASME B31.4, AND MANUFACTURER'S
INSTRUCTIONS B I
2047 CATEGORY C SYSTEMS - INTEGRAL PIPING 501(3)(a)3
AST ASSOCIATED PIPING NOT
APPROPRIATELY TESTED BEFORE PLACED
IN SERVICE N I
2048 CATEGORY C SYSTEMS - INTEGRAL PIPING 501(3)(a)4
NEW PIPING NOT IN CONTACT WITH SOIL
NOT INSTALLED TO STANDARDS B I
2049 CATEGORY C SYSTEMS - INTEGRAL PIPING 501(3)(b)
PIPING NOT MEETING REFERENCE
STANDARDS AND / OR APPROVED PER 62-
762.851(2)B R
2050 CATEGORY C SYSTEMS - INTEGRAL PIPING 501(3)(c)1
SMALL DIAMETER PIPING PRESSURIZED:
SHEAR, EMERGENCY SHUTOFF VALVES NOT
PROPERLY INSTALLED N I
2051 CATEGORY C SYSTEMS - INTEGRAL PIPING 501(3)(c)2
SMALL DIAMETER PIPING WITH GRAVITY-
HEAD: ISOLATION VALVES NOT PROPERLY
INSTALLED AND NOT MEETING NFPA 30A
SECTION 2-1.7 N I
2052 CATEGORY C SYSTEMS - INTEGRAL PIPING 501(3)(d)
BULK PRODUCT PIPING NOT INSTALLED
ACCORDING TO REFERENCE STANDARDS -
NFPA 30, 30A, ASME B31.4 B I
2053 CATEGORY C SYSTEMS - INTEGRAL PIPING 501(3)(e)1
PIPING IN SOIL OR OVER WATER DOES NOT
HAVE SECONDARY CONTAINMENT B I
2054 CATEGORY C SYSTEMS - INTEGRAL PIPING 501(3)(e)2-3
BULK PRODUCT AND REMOTE FILL PIPING IN
SOIL DOES NOT HAVE SECONDARY
CONTAINMENT B I
2055
CATEGORY A/B SYSTEMS - GENERAL
PERFORMANCE 511(1)(b)1
SHEAR OR EMERGENCY SHUTOFF VALVES
NOT INSTALLED BY 12/31/1998 B I
2056
CATEGORY A/B SYSTEMS - GENERAL
PERFORMANCE 511(1)(b)2
NO CATHODIC PROTECTION TEST STATION
METHOD BY 12/31/1998 N I
2057
CATEGORY A/B SYSTEMS - GENERAL
PERFORMANCE 511(1)(b)3
UST'S REINSTALLED AS AST'S NOT MEETING
RULE BY 12/31/1998 N R
2058
CATEGORY A/B SYSTEMS - GENERAL
PERFORMANCE 511(1)(c)
NO CLOSURE ASSESSMENT PRIOR TO TANK
SYSTEM COMPONENT INSTALLATION OR
UPGRADE B R
2059
CATEGORY A/B SYSTEMS - GENERAL
PERFORMANCE 511(1)(d)
NO VALVES MEETING NFPA 30A STANDARDS
INSTALLED FOR PIPING SYSTEMS WITH
GRAVITY HEAD N I
2060
CATEGORY A/B SYSTEMS - GENERAL
PERFORMANCE 511(1)(e)
NO SECONDARY CONTAINMENT FOR PIPE
OVER WATER BY 12/21/2004 B I
2061 CATEGORY A/B SYSTEMS - AST SYSTEMS 511(2)(a)
HAS NOT MET 17-61 REQUIREMENTS BY
1/1/1990 IF APPLICABLE A N
2062 CATEGORY A/B SYSTEMS - AST SYSTEMS 511(2)(b)
CATEGORY B ASTS NOT INSTALLED WITH
SECONDARY CONTAINMENT A I
2063 CATEGORY A/B SYSTEMS - AST SYSTEMS 511(2)(c)
CATEGORY B PIPING NOT INSTALLED WITH
SECONDARY CONTAINMENT A I
2064 CATEGORY A/B SYSTEMS - AST SYSTEMS 511(2)(d)
CATEGORY A & B ASTS DO NOT MEET
REQUIREMENTS OF TABLE AST A I
2065 RELEASE DETECTION - GENERAL 601(1)(a)1
CANNOT DETECT A NEW RELEASE FROM
ANY PORTION OF THE SYSTEM N I
2066 RELEASE DETECTION - GENERAL 601(1)(a)2
NOT INSTALLED, CALIBRATED, OPERATED
PER MANUFACTURER'S SPECIFICATIONS N I
2067 RELEASE DETECTION - GENERAL 601(1)(a)3
NOT MEETING PERFORMANCE STANDARDS;
NOR ALL MANUFACTURER'S CLAIMS
RETAINED N R
2068 RELEASE DETECTION - GENERAL 601(1)(c)
RELEASE DETECTION METHOD NOT
PROVIDED UPON INSTALLATION N R
2069 RELEASE DETECTION - GENERAL 601(1)(d)
RELEASE DETECTION NOT PERFORMED AT
LEAST ONCE A MONTH B R
2070 RELEASE DETECTION - GENERAL 601(1)(e)
VISIBLE STORAGE TANK COMPONENTS AND
CONTINUOUS ELECTRONIC LEAK
DETECTION NOT INSPECTED MONTHLY N R
2071 RELEASE DETECTION - GENERAL 601(1)(f)
SITE SUITABILITY DETERMINATION NOT
PERFORMED BY 1/1/2000 B R
2072 RELEASE DETECTION - GENERAL 601(1)(g)
VAPOR MONITORING PLANS NOT IN PLACE
BY 1/1/2000 B R
2073 RELEASE DETECTION - GENERAL 601(1)(h)
NO INTERSTITIAL MONITORING FOR
SECONDARY CONTAINMENT B I
2074 RELEASE DETECTION - GENERAL 601(1)(i)
LINE LEAK DETECTOR NOT PROVIDED FOR
PRESSURIZED PIPING B I
2075 RELEASE DETECTION - GENERAL 601(1)(j)
STORAGE TANK SYSTEM WITHOUT RELEASE
DETECTION BY DUE DATE NOT
PERMANENTLY CLOSED B I
2076 RELEASE DETECTION - GENERAL 601(1)(k)
MONITORING WELLS NO LONGER USED FOR
RELEASE DETECTION NOT CLOSED N I
2077 RELEASE DETECTION - AST SYSTEMS 601(2)(a)
GROUNDWATER MONITORING OR SPCC
PLANS SHALL NOT MEETING 62-761.640(1)(A)
BY 12/31/1999 N R
2078 RELEASE DETECTION - AST SYSTEMS 601(2)(b)
MONITORING WELLS DO NOT MEET 62-
761.640(2) BY 1/1/2000 OR NOT CLOSED N I
2079 RELEASE DETECTION - AST SYSTEMS 601(2)(c)
RELEASE DETECTION FOR FIELD-ERECTED
TANKS DOES NOT MEET API STANDARD 650,
APPENDIX I N R
Page 4791 of 9661
2080 RELEASE DETECTION - AST SYSTEMS 601(2)(d)
RELEASE DETECTION FOR INTERNALLY-
LINED TANKS DOES NOT MEET 62-761.640(2)B I
2081 RELEASE DETECTION - AST SYSTEMS 601(2)(e)
NO RELEASE DETECTION FOR AST PIPING IN
CONTACT WITH THE SOIL B I
2082 RELEASE DETECTION - AST SYSTEMS 601(2)(f)
GROUNDWATER MONITORING PLAN OR
SPCC PLAN NOT MEETING 62-761.611 BY
12/31/1999 N I
2083 RELEASE DETECTION - AST SYSTEMS 601(2)(g)
VISUAL INSPECTION FOR HIGH VISCOSITY
ASTS B I
2084 RELEASE DETECTION - GENERAL 611(1)(a)
CATEGORIES A & B RELEASE DETECTION
NOT MEETING STANDARDS B I
2085 RELEASE DETECTION - GENERAL 611(1)(b)
CATEGORY C SYSTEM DOES NOT HAVE
APPROVED RELEASE DETECTION METHOD -
INTERSTITIAL MONITORING, LEAK
DETECTOR AND BREACH OF INTEGRITY AS
APPLICABLE A I
2086 RELEASE DETECTION - AST SYSTEMS 611(2)(a)1
CATEGORY A & B TANKS DOES NOT HAVE
APPROVED RELEASE DETECTION METHOD A I
2087 RELEASE DETECTION - AST SYSTEMS 611(2)(a)2
VISUAL INSPECTION OF EXEMPT OR SINGLE
WALLED AST SYSTEM AND CONTAINMENT
NOT PERFORMED ONCE A MONTH B N
2088 RELEASE DETECTION - AST SYSTEMS 611(2)(a)3
INTERNALLY LINED AND CUT AND COVER
TANKS DO NOT HAVE RELEASE DETECTION
METHOD B N
2089 RELEASE DETECTION - AST SYSTEMS 611(2)(b)
VISUAL INSPECTIONS NOT CONDUCTED
PROPERLY ONCE A MONTH B N
2090
RELEASE DETECTION - SMALL DIAMETER
PIPING 611(3)(a)1
SINGLE WALLED SUCTION PIPING DOES NOT
HAVE ANNUAL LINE TEST OR 62-761.641
METHOD B N
2091
RELEASE DETECTION - SMALL DIAMETER
PIPING 611(3)(a)2
SINGLE WALLED PRESSURIZED PIPING
DOES NOT HAVE MECHANICAL LEAK
DETECTORS / ANNUAL TIGHTNESS TEST, OR
ELECTRONIC LEAK DETECTOR B I
2092
RELEASE DETECTION - SMALL DIAMETER
PIPING 611(3)(a)3a
SUCTION PUMP - NO WRITTEN
VERIFICATION OF OPTIONAL CHECK VALVE B I
2093
RELEASE DETECTION - SMALL DIAMETER
PIPING 611(3)(b)
ABOVEGROUND PIPING NOT VISUALLY
INSPECTED B N
2094
RELEASE DETECTION - SMALL DIAMETER
PIPING 611(3)(c)
SECONDARY-CONTAINED PIPING IN
CONTACT WITH SOIL DOES NOT HAVE:
INTERSTITIAL MONITORING, LINE LEAK
DETECTOR IF APPLICABLE, AND A BREACH
OF INTEGRITY TESTING METHOD N I
2095
RELEASE DETECTION - BULK & HYDRANT
PIPING 611(3)(d)1
SINGLE WALLED BULK PRODUCT PIPING IN
CONTACT WITH SOIL NOT PRESSURE
TESTED YEARLY NOR MONTHLY RELEASE
DETECTION SYSTEM B N
2096
RELEASE DETECTION - BULK & HYDRANT
PIPING 611(3)(d)2
NO MONTHLY VISUAL INSPECTION OF
ABOVEGROUND OR EXEMPT PIPE B N
2097
RELEASE DETECTION - BULK & HYDRANT
PIPING 611(3)(d)3
SECONDARILY CONTAINED PIPING IN
CONTACT WITH SOIL DOES NOT HAVE
INTERSTITIAL MONITORING AND BREACH OF
INTEGRITY B I
2098 RELEASE DETECTION - GENERAL 641(1)(a)
DEVICE DOES NOT MEET GENERAL
STANDARDS; CANNOT DETECT 0.2 GAL/HR
OR 150 GALLON RELEASE WITHIN 30 DAYS,
WITH 0.95 DETECTION PROBABILITY AND
0.05 FALSE ALARM PROBABILITY N R
2099 RELEASE DETECTION - GENERAL 641(1)(b)
RELEASE DETECTION METHOD HAS NO DEP
EQUIPMENT APPROVAL IN ACCORDANCE
WITH 62-762.851(2)N R
2100 RELEASE DETECTION - GENERAL 641(1)(c)
NO RELEASE DETECTION RESPONSE LEVEL
DESCRIBED IN WRITING N R
2101 RELEASE DETECTION - EXTERNAL
641(2)(a) &
641(2)(b)
MONITORING WELL CONSTRUCTION
STANDARDS NOT MET; SITE SUITABILITY
NOT PERFORMED PROPERLY N I
2102 RELEASE DETECTION - EXTERNAL 641(2)(c)
GROUNDWATER MONITORING NOT
PERFORMED TO STANDARDS N I
2103 RELEASE DETECTION - EXTERNAL 641(2)(d)
VAPOR MONITORING NOT PERFORMED TO
STANDARDS N I
2104 RELEASE DETECTION - EXTERNAL 641(2)(e)
PROBLEMS FOUND DURING VISUAL
INSPECTIONS NOT NOTED N I
2105 RELEASE DETECTION - INTERNAL 641(3)(a)1
INTERSTITIAL MONITORING METHOD DOES
NOT MEET STANDARDS N R
2106 RELEASE DETECTION - INTERNAL 641(3)(a)3
DOES NOT MEET VACUUM MONITORING
METHOD STANDARDS N R
2107 RELEASE DETECTION - INTERNAL 641(3)(a)4
INTERSTITIAL MONITORING METHOD FOR
LINER SYSTEMS DOES NOT MEET
STANDARDS N I
2108 RELEASE DETECTION - INTERNAL 641(3)(b)2
INVENTORY CONTROL NOT MAINTAINED
FOR SHOP-FABRICATED ASTS N R
2109 RELEASE DETECTION - INTERNAL 641(3)(b)3
INVENTORY CONTROL NOT MAINTAINED
FOR FIELD-ERECTED ASTS N R
2110
REPAIRS OPERATION & MAINTENANCE -
GENERAL 701(1)(a)1
NOT REPAIRED COMPONENT WHICH HAS OR
COULD CAUSE A DISCHARGE N I
2111
REPAIRS OPERATION & MAINTENANCE -
GENERAL 701(1)(a)2
NOT TAKEN OUT OF OPERATION UNTIL
REPAIR IS MADE B I
2112
REPAIRS OPERATION & MAINTENANCE -
GENERAL 701(1)(a)3
NOT REPAIRED PER NFPA 30 OR OTHER
APPLICABLE STANDARDS N I
2113
REPAIRS OPERATION & MAINTENANCE -
GENERAL 701(1)(a)4
REPAIRED COMPONENTS NOT TESTED AS
APPLICABLE N I
2114
REPAIRS OPERATION & MAINTENANCE -
GENERAL 701(1)(a)5
REPAIRS TO TANKS NOT MADE BY
AUTHORIZED REPRESENTATIVE N I
2115
REPAIRS OPERATION & MAINTENANCE -
GENERAL 701(1)(a)6
PIPING THAT IS DAMAGED OR HAS
DISCHARGED IS NOT REPLACED N I
2116 REPAIRS OPERATION & MAINTENANCE - CP 701(1)(b)1
NOT OPERATED AND MAINTAINED TO
PROVIDE CONTINUOUS PROTECTION N I
2117 REPAIRS OPERATION & MAINTENANCE - CP 701(1)(b)2a
NOT INSPECTED 6 MONTHS AFTER
INSTALLATION OR REPAIR AND ANNUALLY/3
YEARS N I
2118 REPAIRS OPERATION & MAINTENANCE - CP 701(1)(b)2b
IMPRESSED CURRENT SYSTEM NOT
INSPECTED EVERY TWO MONTHS N R
2119 REPAIRS OPERATION & MAINTENANCE - CP 701(1)(b)3
SYSTEMS THAT DO NOT MEET
REQUIREMENTS NOT REPAIRED/TAKEN OUT
OF SERVICE N I
2120
REPAIRS OPERATION & MAINTENANCE - O &
M 701(1)(c)1
SPILL CONTAINMENT, DISPENSER LINERS
AND PIPING SUMPS ACCESSIBLE; WATER
AND REGULATED SUBSTANCES NOT
REMOVED N I
2121
REPAIRS OPERATION & MAINTENANCE - O &
M 701(1)(c)2
NOT ENSURED VOLUME AVAILABLE IN TANK
IS GREATER THAN THE VOLUME
TRANSFERRED AND/OR FAILURE TO
MONITOR DURING PRODUCT TRANSFER
OPERATION N R
2122
REPAIRS OPERATION & MAINTENANCE - O &
M 701(1)(c)3
RELEASE DETECTION DEVICES NOT TESTED
ANNUALLY N R
Page 4792 of 9661
2123
REPAIRS OPERATION & MAINTENANCE - O &
M 701(1)(c)6
INVENTORY CONTROL FOR VEHICULAR
FUEL TANKS WITHOUT SECONDARY
CONTAINMENT NOT USED N R
2124
REPAIRS OPERATION & MAINTENANCE -
AST SYSTEMS 701(2)(b)1
STORMWATER NOT DRAWN OFF WITHIN
ONE WEEK N I
2125
REPAIRS OPERATION & MAINTENANCE -
AST SYSTEMS 701(2)(b)2
STORMWATER WAS DISCHARGED
UNTREATED WHEN IT HAS A VISIBLE SHEEN N I
2126
REPAIRS OPERATION & MAINTENANCE -
AST SYSTEMS 701(2)(c)
DRAIN VALVES NOT KEPT CLOSED EXCEPT
WHEN DRAWING OFF STORMWATER N I
2127
REPAIRS OPERATION & MAINTENANCE -
AST SYSTEMS 701(3)
FIELD ERECTED TANKS NOT EVALUATED,
RETESTED, AND/OR REPAIRED PER API 653 N I
2128
REPAIRS OPERATION & MAINTENANCE -
AST SYSTEMS 701(4)(a)
SMALL DIAMETER PIPING NOT TIGHTNESS
TESTED BEFORE RETURNING TO SERVICE N R
2129
REPAIRS OPERATION & MAINTENANCE -
AST SYSTEMS 701(4)(b)
BULK/HYDRANT PIPING NOT PRESSURE
TESTED BEFORE RETURNING TO SERVICE N R
2130
REPAIRS OPERATION & MAINTENANCE -
AST SYSTEMS 701(5)
BULK PRODUCT PIPING OVER WATER NOT
TESTED ANNUALLY; NOT MAINTAINED PER
CFR 33 N R
2131
REPAIRS OPERATION & MAINTENANCE -
AST SYSTEMS 701(6)
SECONDARY CONTAINMENT NOT REPAIRED
PER 62-761.500(1)(E)N I
2132 RECORD KEEPING 711(1)
PERMANENT RECORDS NOT AVAILABLE
WITHIN 5 WORKING DAYS NOTICE; NO
REASONABLE FACILITY ACCESS N N
2133 RECORD KEEPING 711(2)
RECORDS REQUIRING 2-YEAR
DOCUMENTATION PERIOD NOT KEPT BY
FACILITY N N
2134 RECORD KEEPING 711(3)
RECORDS REQUIRED FOR LIFE OF SYSTEM
NOT KEPT BY FACILITY N N
2135 OUT OF SERVICE - GENERAL 801(1)
REQUIREMENTS NOT MET FOR FIELD-
ERECTED TANKS TAKEN TEMPORARILY OUT
OF SERVICE N I
2136 OUT OF SERVICE - GENERAL 801(2)(a)1
REQUIREMENTS NOT MET FOR OUT OF
SERVICE SYSTEMS N I
2137 OUT OF SERVICE - GENERAL 801(2)(a)2
UPGRADES AND TESTING NOT PERFORMED
BEFORE RETURNING SYSTEM TO SERVICE N I
2138 OUT OF SERVICE - UST SYSTEMS 801(2)(a)3
SYSTEM OUT OF SERVICE LONGER THAN
ALLOWED TIME LIMIT N I
2139 OUT OF SERVICE - UST SYSTEMS 801(2)(a)4
NO TIGHTNESS/BREACH OF INTEGRITY TEST
BEFORE RETURNING TO SERVICE N I
2140 OUT OF SERVICE - AST SYSTEMS 801(2)(b)
ASTS WITHOUT SECONDARY CONTAINMENT
OUT OF SERVICE FOR MORE THAN 5 YEARS N I
2141 OUT OF SERVICE - AST SYSTEMS 801(2)(c)
SHOP-FABRICATED AND FIELD-ERECTED
ASTS NOT RECEIVING INSPECTION &
EVALUATION PRIOR TO RETURN TO
SERVICE N I
2142 OUT OF SERVICE - AST SYSTEMS 801(2)(d)
FIELD ERECTED TANK PRODUCT CHANGE
DOES NOT COMPLY WITH API 653 N R
2143 CLOSURE - GENERAL 801(3)(a)1a
LIQUIDS AND SLUDGE NOT REMOVED FROM
TANK(S)N I
2144 CLOSURE - GENERAL 801(3)(a)1b
INTEGRAL PIPING NOT PROPERLY CLOSED,
MANWAYS NOT SECURED N I
2145 CLOSURE - GENERAL 801(3)(a)3
MONITORING WELLS NOT CLOSED UPON
SYSTEM CLOSURE N I
2146 CLOSURE - AST SYSTEMS 801(3)(b)
UNMAINTAINED AST SYSTEMS NOT
PROPERLY CLOSED WITHIN 90 DAYS OF
DISCOVERY B I
2147 CLOSURE - AST SYSTEMS 801(3)(c)
NOT RENDERED FREE OF EXPLOSIVE
VAPORS N I
2148 CLOSURE - AST SYSTEMS 801(3)(d)
NOT PROTECTED FROM FLOTATION
ACCORDING TO NFPA 30, SECTION 2-6 N I
2149 CLOSURE - ASSESSMENT 801(4)(a)&(b)
CLOSURE ASSESSMENT REQUIRED AND
NOT PERFORMED N R
2150 CLOSURE - ASSESSMENT 801(4)(c)
SAMPLING NOT IN ACCORDANCE WITH
APRIL, 1998 "STORAGE TANK SYSTEM
CLOSURE ASSESSMENT REQUIREMENTS"N R
2151 CLOSURE - ASSESSMENT 801(4)(d)
CLOSURE ASSESSMENT NOT SUBMITTED
WITHIN 60 DAYS B N
2152 CLOSURE - AST SYSTEMS 801(4)b)5
NO WRITTEN CERTIFICATION WITHIN 10
DAYS OF SECONDARY CONTAINMENT
UPGRADE FOR ASTS < 1100 GALLONS, IN
LIEU OF CLOSURE N R
2153 DISCHARGE RESPONSE 821(1)(a),(b),(c)INCIDENT NOT PROMPTLY INVESTIGATED N N
2154 DISCHARGE RESPONSE 821(1)(d)
SPILL OR LOSS OF REGULATED SUBSTANCE
INTO SECONDARY CONTAINMENT NOT
REMOVED WITHIN THREE DAYS OF
DISCOVERY N N
2155 DISCHARGE RESPONSE 821(2)(a)
ACTIONS NOT TAKEN IMMEDIATELY TO
CONTAIN, REMOVE AND ABATE THE
DISCHARGE; FREE PRODUCT PRESENT NOT
BEING REMOVED N R
2156 DISCHARGE RESPONSE 821(2)(b)1
UNKNOWN DISCHARGE SOURCE NOT
INVESTIGATED PER NFPA 329 CH. 3 & 5 N R
2157 DISCHARGE RESPONSE 821(2)(b)2
REGULATED SUBSTANCE NOT REMOVED
FROM SYSTEM TO PREVENT FURTHER
DISCHARGE TO THE ENVIRONMENT N R
2158 DISCHARGE RESPONSE 821(2)(b)3
FIRE, EXPLOSION, AND VAPOR HAZARDS
NOT IDENTIFIED AND MITIGATED N R
2159 DISCHARGE RESPONSE 821(2)(b)4 SYSTEM NOT REPAIRED NOR CLOSED N R
2160 DISCHARGE RESPONSE 821(2)(c)
SYSTEM NOT TESTED UPON AGENCY
DETERMINATION OF DISCHARGE OR
RELEASE DETECTION ISSUE N R
2161 DISCHARGE RESPONSE 821(2)(d)1
SYSTEM NOT TESTED WITHIN 3 DAYS TO
CONFIRM A DISCHARGE, IF NECESSARY N R
2162 DISCHARGE RESPONSE 821(2)(d)2
LEAKING SYSTEM NOT PLACED OUT OF
SERVICE WITHIN 3 DAYS OF DISCOVERY,
UNTIL REPAIRED, REPLACED, OR CLOSED N R
2163 DISCHARGE RESPONSE 821(2)(e)
CONTAMINATED SOIL NOT EXCAVATED,
DISPOSED OF OR STOCKPILED, IS MANAGED
IN ACCORDANCE WITH CHAPTER 62-770,
FAC N R
2164
EQUIPMENT APPROVALS/ALTERNATE
PROCEDURES 851(1)
FACILITY NOT IN COMPLIANCE WITH
ALTERNATE PROCEDURE N R
2165
EQUIPMENT APPROVALS/ALTERNATE
PROCEDURES 851(2)
EQUIPMENT NOT APPROVED BY
DEPARTMENT BEFORE INSTALLATION OR
USE N R
2166 MINERAL ACID SYSTEMS 891(3)(a),(b)
MINERAL ACID TANK SYSTEMS NOT
REGISTERED WITH THE DEPARTMENT N R
2167 MINERAL ACID SYSTEMS 891(3)(c)
REGISTRATION PLACARD NOT DISPLAYED IN
PLAIN VIEW N R
Page 4793 of 9661
2168 MINERAL ACID SYSTEMS 891(5)
NO NOTIFICATION OF CHANGE TO
REGISTRATION INFORMATION OR NO
REPORTING OF A RELEASE INTO
SECONDARY CONTAINMENT WITHIN
ESTABLISHED TIMEFRAMES N N
2169 MINERAL ACID SYSTEMS 891(6)
DISCHARGE REPORT NOT FILED FOR
RELEASE OF MINERAL ACID SUBSTANCE IN
EXCESS OF ESTABLISHED LEVELS, WITHIN
24 HRS/1 WORK DAY B N
2170 MINERAL ACID SYSTEMS 891(7)(a)1
TANKS IN OPERATION BEFORE JULY 1, 1992
DO NOT HAVE CONTAINMENT & INTEGRITY
PLAN OR SECONDARY CONTAINMENT N I
2171 MINERAL ACID SYSTEMS 891(7)(a)2
NEW TANKS INSTALLED AFTER JULY 1, 1992
DO NOT HAVE SECONDARY CONTAINMENT A I
2172 MINERAL ACID SYSTEMS 891(7)(b)
CONTAINMENT & INTEGRITY PLAN NOT
REVIEWED/UPDATED EVERY 2 YRS BY P.E.N R
2173 MINERAL ACID SYSTEMS 891(7)(b)1-7
CONTAINMENT & INTEGRITY PLAN CONTAINS
NO DOCUMENTATION ON CONSTRUCTION,
MAINTENANCE, WATER LOCATION,
CLEANUP PROCEDURES - AS REQUIRED N R
2174 MINERAL ACID SYSTEMS 891(7)(c)
NO PE CERTIFICATION DOCUMENTS
PROPER SECONDARY CONTAINMENT,
WHERE CIP NOT USED N R
2175 MINERAL ACID SYSTEMS 891(7)(d)
TANKS INSTALLED AFTER JULY 1, 1992 DO
NOT HAVE SECONDARY CONTAINMENT &
LINERS INSTALLED AFTER JULY 13, 1998 B I
2176 MINERAL ACID SYSTEMS 891(7)(e)
PE CERTIFICATION OF TANK
INSPECTION/MAINTENANCE NOT IN
ACCORDANCE WITH CIP N R
2177 MINERAL ACID SYSTEMS 891(8)
CONTAINMENT & INTEGRITY PLAN OR
CERTIFICATION OF SECONDARY
CONTAINMENT NOT AVAILABLE FOR
INSPECTION N R
2178 MINERAL ACID SYSTEMS 891(9)(a)
APPROPRIATE ACTIONS NOT TAKEN IN THE
EVENT OF A DISCHARGE - PRODUCT
REMOVAL/TANK REPAIR - CLOSURE N I
2179 MINERAL ACID SYSTEMS 891(9)(b)
ACTION IMMEDIATELY NOT TAKEN TO
CONTAIN, NEUTRALIZE, ABATE A
DISCHARGE N I
2180 DISCHARGE PREVENTION & RESPONSE 62N-16
FACILITY OUT OF COMPLIANCE WITH
REQUIREMENTS OF CHAPTER 62-16N N R
Page 4794 of 9661
Instructions for Conducting Sampling During Aboveground
Storage Tank Closure
Permitting and Compliance Assistance Program
Division of Waste Management
Florida Department of Environmental Protection
April 2016
2600 Blair Stone Road, MS 4525
Tallahassee, Florida 32399-2400
www.dep.state.fl.us
Guidance Document C1 - AST Closure
Page 4795 of 9661
CONTENTS
INTRODUCTION………………………………………………………………………………………………………………………………………1
A. CLOSURE REPORT ………………………………………………………………………………….…………………………………..1
1. Summary Narrative…………………………………………………………………………………………………………………….1
2. Supporting Documentation…………………………………………………………………………………………………………2
B. GENERAL SAMPLING GUIDELINES ………………………….………………………………………………………………….2
1. Gasoline and Kerosene Analytical Groups…………………………………………………………………………………..3
2. Used Oil………………………………………………………………………………………………………………………………………5
C. SAMPLING REQUIREMENTS FOR STORAGE TANK REMOVALS [SEE SECTION E AND F FOR
REQUIREMENTS DURING CLOSURE OF INDIVIDUAL SYSTEM COMPONENTS]...……………………………………..5
1. Gasoline and Kerosene Analytical Groups……………………………………………………………………………………5
2. Used Oil………………………………………………………………………………………………………………………………………6
D. SAMPLING REQUIREMENTS FOR STORAGE TANKS CLOSED IN PLACE [SEE SECTION E AND F FOR
REQUIREMENTS DURING CLOSURE OF INDIVIDUAL SYSTEM COMPONENTS] ………………………………………..7
1. Gasoline and Kerosene Analytical Groups……………………………………………………………………………………7
2. Used Oil………………………………………………………………………………………………………………………………………9
E. SAMPLING REQUIREMENTS FOR CLOSURE OF INTEGRAL PIPING IN CONTACT WITH SOIL…..…..9
1. Soil Samples………………………………………………………………………………………………………………………………10
2. Groundwater Samples…………………………………………………………………………………………………………......10
F. SAMPLING REQUIREMENTS FOR CLOSURE OF PIPING SUMPS, HYDRANT SYSTEM SUMPS, SPILL
CONTAINMENT DEVICES AND DISPENSER SUMPS ......................................................................................10
1. Soil Samples………………………………………………………………………………………………………………………………10
2. Groundwater Samples ………………………………………………………………………………………………………………11
G. DISCHARGE REPORTING REQUIREMENTS DURING A PETROLEUM/PRODUCT TANK SYSTEM
CLOSURE .......................................................................................................................................................11
H. OTHER POLLUTANT AND HIGH VISCOSITY POLLUTANT STORAGE TANK SYSTEMS ...................12
APPENDIX A………………………………………………………………………………………………………………………….……………………i
APPENDIX B……………………………………………………………………………………………………………………….…………………….iii
Page 4796 of 9661
INSTRUCTIONS FOR CONDUCTING SAMPLING DURING CLOSURE
INTRODUCTION
This document establishes procedures for conducting and reporting storage tank system closures to meet
the requirements of Chapter 62-762, Florida Administrative Code (F.A.C.), Aboveground Storage Tank
Systems.
As an integral part of a system or a system component closure performed at an Aboveground Storage
Tank (AST) facility a Closure Report or a Limited Closure Report, as applicable, shall be prepared and
submitted to the Department or contracted County program as required in subsections 62-762.801,
F.A.C., and 62-762.802, F.A.C. The report is to describe the work that was performed at the facility
during the system or system component closure, and summarize any data collected at that time.
A Site Assessment in accordance with Chapter 62-780, F.A.C., conducted and approved by the
Department will satisfy the requirements of this guideline. However, these guidelines do not meet the
criteria to qualify for the issuance of a Site Rehabilitation Completion Order (SRCO) as specified in
Chapter 62-780, F.A.C. If a facility intends to demonstrate that all No Further Action requirements of
Chapter 62-780, F.A.C., have been met, a Closure Report which meets the Site Assessment requirements
of Chapter 62-780, F.A.C., must be prepared and submitted, and the report must be signed and sealed by
a Professional Engineer (PE) licensed in the State of Florida or a Professional Geologist (PG) licensed in
the State of Florida.
A. Closure Report
In cases where an investigation is required at the time of closure in accordance with this document
and as specified in Rule 62-762.801, F.A.C., and 62-762.802, F.A.C., a Closure Report with the
following elements and documentation shall be prepared and submitted in writing or electronic
format to the County within 60 days of completion of closure.
1. Summary Narrative
The Closure Report shall summarize closure actions and provide:
a.
b.
Information on the procedures (soil field screening procedures, analytical sample collection,
etc.) followed during closure;
Information on the dimensions of the excavation(s), depth to groundwater, volume of soil
Page 1 of 12
Page 4797 of 9661
excavated, and disposal method for the excavated soil;
c. Disposition of excavated contaminated soil;
d. Disposition of removed system components;
e. Disposition of accumulated sludge / liquids removed from system components; and
f. Recommendation for no additional actions or for site assessment under Chapter 62-780,
F.A.C.
2. Supporting Documentation
a. A scaled site map showing the area(s) excavated and approximate locations of all samples
collected;
b. Table(s) summarizing all field and analytical results obtained, listing the approximate depth
at which each sample was collected;
c. DEP Form 62-762.901(2) “Storage Tank Facility Registration Form” (due within 10 days
after closure);
d. Copies of laboratory reports.
B. General Sampling Guidelines
All samples must be analyzed using approved methods listed in Chapter 62-780, F.A.C., or methods
approved through protocols described in Chapter 62-160, F.A.C.
Composite soil samples cannot be used to meet the requirement of Closure Investigation sampling.
Soil samples collected during Closure Investigation must be discrete grab samples. Composite
samples are only allowed for analysis of contaminated soil for the purposes of disposal.
Benzo(a)pyrene equivalents must be calculated for soil samples as there are no longer individual
direct exposure Cleanup Target Levels (CTLs) for several of the Polycyclic Aromatic Hydrocarbons
(PAHs).
Soil samples for volatile analyses must be collected pursuant to EPA Method 5035. However, if the
substrate to be sampled consists of large particles such as pea gravel, contains debris or is
consolidated, soil samples for volatile analyses may be collected in a bulk jar.
Note: Chapter 62-780, F.A.C., allows Level 1 Risk Management alternative closure options for both
Page 2 of 12
Page 4798 of 9661
the total recoverable petroleum hydrocarbons (TRPH) CTLs and leachability CTLs, and in
accordance with these procedures, further analysis of the soil sample can be run. As such, enough
soil should be collected during sampling efforts so that the laboratory can perform additional tests on
that soil if necessary. The laboratory should be advised that in the event that contamination is
detected which exceeds the TRPH Direct Exposure Residential CTL or TRPH Leachability Based on
Groundwater CTL specified in Table II of Chapter 62-777, F.A.C., TRPH fractionation using either
the Massachusetts method or the Working Group method should be performed on that soil sample.
The laboratory should also be advised that in the event that contamination is detected that exceeds
the Department’s Leachability Based on Groundwater Criteria Soil CTLs specified in Table II of
Chapter 62-777, F.A.C., for any other contaminant of concern, a Synthetic Precipitation Leaching
Procedure (SPLP) extraction and analysis of that soil sample should be performed. Additionally, the
acceptable holding times for the soil samples need to be met. If TRPH fractionation or SPLP is
utilized, the Closure Report needs to be signed and sealed by a PG or PE.
1. Gasoline and Kerosene Analytical Groups
a. Soil Samples
Soil samples obtained during closure of a storage tank system are to be screened in the field
using an instrument or method approved by the Department. A sample from the location in
each source area (tank farm, integral piping, and dispenser island1), that yields the highest
hydrocarbon measurement is to be analyzed for volatile organic aromatics (VOAs), PAHs and
TRPHs. If no positive screening results are obtained, the sample, from each source area, is to
be collected from the location within each source area believed to be most likely to have
contamination, such as next to a fill port. Only one sample is needed to confirm a new
discharge and then the facility enters the site assessment initiation phase under 62-780, F.A.C.
(1) If an organic vapor analysis instrument with a Flame Ionization Detector (FID) or a Photo
Ionization Detector (PID) is used, it must be in the survey mode. PIDs should not be used
in situations where humidity will interfere with the instrument’s sensitivity (i.e., during
rainy periods, measuring moist or wet soil). Readings must be obtained from the
headspace of samples in half-filled, 8-ounce or 16-ounce jars. Each soil sample should be
obtained from the vadose zone (the area above the water table), brought (if necessary)
Each island is considered a source area. If there are five islands with two dispensers on each island, five samples are to be
collected.
Page 3 of 12
1
Page 4799 of 9661
to a temperature of between 20°C (68°F) and 32°C (90°F), and the reading obtained five
to thirty minutes thereafter. If an FID is used, each soil sample must be split into two
jars, and one of the readings must be obtained with the use of an activated charcoal filter
unless the unfiltered reading is 10 parts per million (ppm) or less. The total corrected
hydrocarbon measurement must be determined by subtracting the filtered reading from
the unfiltered reading. Analytical instruments must be calibrated in accordance with the
manufacturer's instructions.
(2) If soil that yields positive field screening results (hydrocarbon measurements greater than
10 ppm) is identified and remains on-site, a grab sample from the location in each source
area that yields the highest hydrocarbon measurement must be analyzed for VOAs, PAHs
and TRPHs. If the evidence suggests that products from both the Gasoline Analytical
Group and Kerosene Analytical Group were released at different locations within a
source area, then the sample from each distinct product area with the highest hydrocarbon
measurement is to be collected for laboratory analyses.
(3) If contaminated soil is identified and excavated, a minimum of four or five samples (at
least one from the bottom of the excavation if the water table was not reached and at least
four from the walls of the excavation) are to be obtained for field screening. The sample
that yields the highest hydrocarbon measurement is to be analyzed for VOAs, PAHs and
TRPHs. If no positive screening results are obtained, the sample is to be collected from
the location believed to be most likely to have contamination. This sampling is in
addition to the sampling required in B.1.a., above.
Removal of soil greater than 20 feet of depth and/or in a 20 foot radius laterally from the
edge of excavation is allowable provided that an Interim Source Removal Report is
submitted in accordance with the requirements of Rule 62-780.500, F.A.C., and is signed
and sealed by a PE or PG.
b. Groundwater Samples
Groundwater samples obtained during closure of a tank must be analyzed for all parameters
specified in Table C of Chapter 62-780, F.A.C.
Page 4 of 12
Page 4800 of 9661
2. Used Oil
a. Soil Samples
(1) Soil samples obtained during closure of a used oil tank are to be inspected for signs of
staining or discoloration. If the tank appears to have discharged or if soil contaminated or
saturated with used oil is identified and remains on-site, a sample that represents the
location believed to be most likely to have contamination must be analyzed for all
parameters specified for used oil in Table D of Chapter 62-780, F.A.C.
(2) If soil visually stained or saturated with used oil is identified and excavated, at least one
sample is to be obtained from the bottom of the excavation if the water table was not
reached and at least one sample is to be obtained from the wall of the excavation at an
equivalent depth of the soil visually stained or saturated with used oil that was removed,
and analyzed for those contaminants detected in the sample collected from the most
visibly stained area or during pre-burn analyses.
b. Groundwater Samples
Groundwater samples must be analyzed for all parameters specified for used oil in Table D
of Chapter 62-780, F.A.C.
C. Sampling Requirements for Storage Tank Removals [see Section E and F for requirements
during closure of individual system components]
1. Gasoline and Kerosene Analytical Groups
a. Soil Samples
During the removal of an aboveground storage tank system or component, field screening of
soils in accordance with B.1.(a), above shall be conducted in the area of soil contact. The
screening locations are to be spaced on a five (5) foot grid pattern, beginning at the edge of
the undisturbed soil, with soil collection from ground surface at discrete points at a depth of
two feet and five feet below land surface (bls), then continuing at five foot intervals to 20 feet
bls, unless groundwater is encountered.
Note: If it is anticipated that a very large sampling area will be required and if an alternate
soil sampling frequency is requested, a proposal under subsection 62-762.851(1), F.A.C.,
Page 5 of 12
Page 4801 of 9661
(Alternative Procedures) can be submitted to the Department for approval under that rule.
b. Groundwater Samples
Groundwater samples must be obtained from a properly constructed temporary monitoring
well or a direct push well as discussed below whenever the depth to the groundwater table is
less than 20 feet. If the depth to the groundwater table is greater than 20 feet, a groundwater
sample is not required if:
• the screening and laboratory results indicated that contaminated soil was not present; or
• contaminated soil was identified and was left in place requiring the discharge to be
reported and a site assessment to be conducted in accordance with Rule 62-780.600,
F.A.C.; or
• contaminated soil was identified, excavated and results demonstrated that groundwater
should not have been affected based on the:
o degree of contamination,
o horizontal and vertical extent of contamination in the excavated soil,
o type of product believed to have been discharged, and
o site stratigraphy
Subsequent to backfilling, the temporary monitoring well is to be installed in the area that
represents the location believed to be most likely to have contamination as determined by the
soil field screening results. If no soil contamination is found, the well is to be installed near
the center of the former tank location. Minimum well construction details for a temporary
monitoring well require a sand pack placed around the well screen prior to sampling and the
well screen intercepting the groundwater table.
2. Used Oil
a. Soil Samples
When a used oil tank is being removed, a visual inspection of the excavation, of the tank
condition and of the removed soil is to be performed to document the integrity of the tank. If
the tank appears to have discharged or if soil staining is documented, a soil sample is to be
obtained in accordance with Section B.2.(a) above.
Page 6 of 12
Page 4802 of 9661
b. Groundwater Samples
Groundwater sampling is not required if visual observations or laboratory results from
sampling indicate that contaminated soil is not present. However, if the tank appears to have
discharged or if soil staining is documented, and the depth to the groundwater table is less
than 20 feet, a temporary monitoring well is to be installed in the area that represents the
location believed to be most likely to have contamination as determined by the visual
observations of the soil samples. If the depth to the groundwater table is greater than 20 feet,
a groundwater sample is not required if:
• the visual observations or laboratory results from sampling indicated that contaminated
soil was not present; or
• contaminated soil was identified and was left in place requiring the discharge to be
reported and a site assessment to be conducted in accordance with Rule 62-780.600,
F.A.C.; or
• contaminated soil was identified, excavated and results demonstrated that groundwater
should not have been affected based on the:
o degree of contamination,
o horizontal and vertical extent of contamination in the excavated soil,
o type of product believed to have been discharged, and
o site stratigraphy.
D. Sampling Requirements for Storage Tanks Closed in Place [see Section E and F for
requirements during closure of individual system components]
1. Gasoline and Kerosene Analytical Groups
a. Soil Samples
Soil borings must be placed around each aboveground storage tank, with a maximum
distance of 20 feet between borings. Each boring is to be placed as close to the tank as
possible, with one of the borings placed as close to the fill port as possible while still being
beyond the edge of the tank so that the boring can continue to the groundwater table or 20
feet, whichever is less. Soil must be screened at two foot intervals to a depth of 10 feet
below land surface and then at 5 foot intervals to the groundwater table, or to a depth of 20
Page 7 of 12
Page 4803 of 9661
feet below land surface if the water table is not encountered.
Note: If it is anticipated that a very large sampling area will be required and if an alternate
soil sampling frequency is requested, a proposal under subsection 62-762.851(1), F.A.C.,
(Alternative Procedures) can be submitted to the Department for approval under that rule.
b. Groundwater Samples
Groundwater samples must be obtained whenever the depth to the groundwater table is less
than 20 feet. If the depth to the groundwater table is greater than 20 feet, a groundwater
sample is not required if:
• the screening and laboratory results indicated that contaminated soil was not present; or
• contaminated soil was identified and was left in place requiring the discharge to be
reported and a site assessment to be conducted in accordance with Rule 62-780.600,
F.A.C.; or
• contaminated soil was identified, excavated and results demonstrated that groundwater
should not have been affected based on the:
o degree of contamination,
o horizontal and vertical extent of contamination in the excavated soil,
o type of product believed to have been discharged, and
o site stratigraphy.
When compliance monitoring wells are present, one sample can be obtained from each
compliance monitoring well (if only one tank of 2,000 gallon capacity or less is being closed
in place, only two temporary monitoring wells are to be installed, at locations suspected to be
downgradient and upgradient from the tank). If it is determined that the construction of the
compliance wells is not adequate (that is, if the water table does not intersect the screened
interval), temporary monitoring wells are to be installed, as specified below.
If there are no compliance monitoring wells present, four temporary monitoring wells are to
be installed around the tank field and sampled (if only one tank of 2,000 gallon capacity or
less is being closed in place, only two temporary monitoring wells are to be installed, at
Page 8 of 12
Page 4804 of 9661
locations suspected to be downgradient and upgradient from the tank). Minimum well
construction details for a temporary monitoring well require a sand pack placed around the
well screen prior to sampling and that the screened interval intercepts the groundwater table.
2. Used Oil
a. Soil Samples
Sample as specified in Section D.1.a. above, with the samples visually inspected to determine
if the tank appears to have discharged. If the tank appears to have discharged or if soil
staining is documented, a soil sample is to be obtained in accordance with Section B.2.(a)
above.
b. Groundwater Samples
If the depth to the groundwater table is less than 20 feet, a temporary monitoring well is to be
installed in the area that represents the location believed to be most likely to have
contamination as determined by the visual observations of the soil samples. If no soil
staining is documented, the temporary monitoring well is to be installed next to the tank, as
close to the fill port as possible. If the depth to the groundwater table is greater than 20 feet, a
groundwater sample is not required if:
• visual observations or laboratory results indicated that contaminated soil was not present;
or
• contaminated soil was identified and was left in place requiring the discharge to be
reported and a site assessment to be conducted in accordance with Rule 62-780.600,
F.A.C.; or
• contaminated soil was identified, excavated and results demonstrated that groundwater
should not have been affected based on the:
o degree of contamination,
o horizontal and vertical extent of contamination in the excavated soil,
o type of product believed to have been discharged, and
o site stratigraphy.
E. Sampling Requirements for Closure of Integral Piping in Contact with Soil
Page 9 of 12
Page 4805 of 9661
1. Soil Samples
One soil boring must be placed approximately every 20 feet of product transfer line (piping),
with the spacing determined by any evidence of contamination and location of potential sources
of leaks, such as fixtures, connections and joints. The boring(s) is/are to be located as close to
the transfer line as possible, with the sampling point one foot below the line level, or
immediately above the groundwater table, whichever is first encountered.
Note: If it is anticipated that a very large sampling area will be required and if an alternate soil
sampling frequency is requested, a proposal under subsection 62-762.851(1), F.A.C.,
(Alternative Procedures) can be submitted to the Department for approval under that rule.
2. Groundwater Samples
A groundwater sample is not required if:
• the screening and laboratory results indicated that contaminated soil was not present; or
• contaminated soil was identified and was left in place requiring the discharge to be reported
and a site assessment to be conducted in accordance with Rule 62-780.600, F.A.C.; or
• contaminated soil was identified, excavated and results demonstrated that groundwater
should not have been affected based on the:
o degree of contamination,
o horizontal and vertical extent of contamination in the excavated soil,
o type of product believed to have been discharged, and
o site stratigraphy.
If the results cannot demonstrate that groundwater should not have been affected, then a
temporary monitoring well is to be installed in the area that represents the location believed to be
most likely to have contamination as determined by the soil samples.
F. Sampling Requirements for Closure of Piping Sumps, Hydrant System Sumps, Spill
Containment Devices and Dispenser Sumps
1. Soil Samples
a. One soil boring must be placed next to each submersible pump or fill port. Samples for field
screening are to be collected approximately every two feet below land surface until the top of
Page 10 of 12
Page 4806 of 9661
the storage tank, or the groundwater table, whichever is first encountered.
b. A minimum of one soil boring must be placed directly under each product dispenser or less
than three feet from each product dispenser. Samples for field screening are to be obtained
approximately every two feet below land surface to a minimum depth of four feet, or to the
groundwater table, whichever is first encountered (if the appropriate District or contracted
County program determines based on screening results that there is a need to extend any
boring below 10 feet, subsequent samples may be collected every five feet). The depth of the
soil boring(s) will be dependent upon the hydrocarbon vapors encountered. The ideal
location for evaluating soil conditions is directly under the dispenser if the dispenser has been
removed and the area is large enough to be accessible.
2. Groundwater Samples
A groundwater sample is not required if:
• the screening and laboratory results indicated that contaminated soil was not present; or
• contaminated soil was identified and was left in place requiring the discharge to be reported
and a site assessment to be conducted in accordance with Rule 62-780.600, F.A.C.; or
• contaminated soil was identified, excavated and results demonstrated that groundwater
should not have been affected based on the:
o degree of contamination,
o horizontal and vertical extent of contamination in the excavated soil,
o type of product believed to have been discharged, and
o site stratigraphy.
If the results cannot demonstrate that groundwater should not have been affected, then a
temporary monitoring well is to be installed in the area that represents the location believed to be
most likely to have contamination as determined by the soil samples.
G. Discharge Reporting Requirements during a Petroleum/Product Tank System Closure
The Department must be notified by the facility owner or operator of the discovery of an unreported
discharge on the Discharge Report Form [Department Form 62-762.901(1)] within 24 hours of the
discovery or before the close of the Department's next business day. If any one of the following
Page 11 of 12
Page 4807 of 9661
reporting criteria is met, then the Closure Investigation may be terminated, a Closure Report
(prepared according to the guidelines described in Section A – Documentation Requirements,
describing the work that was performed at the site and summarizing the data collected at that time) is
to be submitted and a formal site assessment initiated in accordance with Chapter 62-780, F.A.C.:
1. Soil contaminated with products classified in the Gasoline Analytical Group or in the Kerosene
Analytical Group, that exceeded the default soil CTLs specified in Chapter 62-777, F.A.C.,
remains on-site; or
2. Soil contaminated with used oil, that exceeded the default soil CTLs specified in Chapter 62-777,
F.A.C., remains on-site; or
Note: For G.1. and G.2. above, a DRF does not need to be submitted when the default soil CTLs
are exceeded while level 1 alternative closure options (Fractionation and SPLP) are being
evaluated. Once the evaluation is complete, if it is demonstrated that the soil is contaminated,
then a DRF must be submitted;
3. Free product or a sheen of petroleum products is detected in a monitoring well or in the tank or
tank system components excavation area; or
4. Any of the groundwater CTLs specified in Chapter 62-777, F.A.C., has been exceeded.
H. Other Pollutant and High Viscosity Pollutant Storage Tank Systems
Owners or operators of other pollutant ASTs are required to perform a Closure Investigation. The
Closure Report must address the particular regulated substance stored in the storage tank system.
Sampling methodology must be submitted to the District or contracted County program for approval 30
days before the storage system closure. If the sampling methodology proposed by the Owner or Operator
will accurately detect any discharges that may have occurred, the District or contracted County program
will notify the owner or operator of the approval within 14 days of receipt of the sampling methodology.
Closure Investigation may be conducted in accordance with existing Department-approved closure
evaluation protocols and related corrective action protocols approved under other Department programs
[e.g., high viscosity pollutants, such as no. 6 Fuel Oil, the use of Closure 6DPSOLQJ Protocol for
Aboveground Storage Tank Systems (ASTs) Containing High Viscosity 3ROOXWDQWV $SSHQGL[$ DQG
Heavy Fuel Oil Discharge Response Actions, FDEP 0D\20, (Appendix B)].
Page 12 of 12
Page 4808 of 9661
Appendix A
Closure 6DPSOLQJ Protocol for Aboveground Storage Tank Systems (ASTs)
Containing High Viscosity Pollutants
High viscosity pollutants, such as No. 6 fuel oil, are relatively immobile in the environment and any
impacts are typically very localized and limited to surficial soils. Based on the characteristics of high
viscosity pollutants, facilities have the option of following these procedures for closure sampling and
evaluation an AST system that contained a high viscosity pollutant.
Conduct a visual inspection around the perimeter of the tank to determine the presence or absence
of soil staining or discoloration indicative of a release of high viscosity pollutants.
If no visual staining or discoloration is observed, borings/test trenching will be collected at
approximately 50 ft. intervals. Borings/test trenching, whenever possible, will be located in
proximity to manways, nozzles, other shell penetrations, floor sumps, etc. If the tank has cathodic
protection, any samples will be collected in the range of 7.5 to 10 ft. from the edge of the tank. If
the tank does not have cathodic protection, any soil samples will be collected immediately
adjacent to the apron of the tank. For underground piping, the facility will collect soil samples at
50 ft. intervals for straight piping and additional samples where there are 90 degree bends in the
piping. At each soil boring/test trenching location, samples will be collected at one foot depths
from ground surface to 4 ft.-below land surface (ft-bls), and visually inspected and documented.
If stained or discolored soil is encountered indicating that a release of high viscosity pollutants
has occurred, such soil and a one foot lateral and vertical buffer will be excavated. There shall be
no limitation on the volume of soil that may be excavated so long as such excavation activity
complies with the requirements of Rule 62-780.550, F. A. C. After excavation, up to four side
wall and one bottom soil samples will be collected for TRPH analysis and the Polyaromatic
Hydrocarbons (PAHs) applicable to Heavy Fuel Oil. Based on the FDEP approved Heavy Fuel
Oil Discharge Response Actions protocol, these PAH constituents associated with #6 oil are
phenanthrene, anthracene, flouranthene, benzo (a) anthracene, benzo (b) flouranthene, benzo (k)
i
Page 4809 of 9661
flouranthene, benzo (a) pyrene, chrysene and indeno (1,2,3-cd) pyrene. The location of the
excavation and confirmatory samples will be documented and any disposal manifests maintained.
In the event that TRPH in soil is detected above the TRPH Soil Cleanup Target Levels specified in
Table II of Chapter 62-777, F. A.C., TRPH fractionation using the Florida Working Group method
will be performed on the sample. If necessary, SPLP analysis may also be performed.
If it is determined that a release of high viscosity pollutants may have come into contact with
groundwater, the facility will install a temporary groundwater monitoring well or wells as
appropriate and a groundwater sample or samples will be collected for TRPH analysis. Also, if
SPLP analysis is performed in accordance with Paragraph 4 and the results indicate that leaching
of TRPH is occurring above the TRPH Groundwater Cleanup Target Level specified in Table I of
Chapter 62- 777, F.A.C., or exceeds the leachability concentrations of Calculated SCTLs for
TRPH Fractions (Table C-5 of the 2 Technical Report: Development of Cleanup Target Levels for
Chapter 62-777), the facility will install a temporary groundwater monitoring well and collect and
analyze a groundwater sample for TRPH.
A &losure 5eport will be generated for each tank within 60 days of GDWDFROOHFWLRQ. This &losure
5eport will include a description of site investigation activities, analytical results, photographs of
the individual test trench soil profiles, as well as conclusionsand recommendations for future
activities, if necessary.
ii
Page 4810 of 9661
Appendix B
Heavy Fuel Oil Discharge Response Actions
iii
Page 4811 of 9661
Heavy Fuel Oil
Discharge Response Actions
Background
Heavy fuel oil is not a petroleum product as defined in Section 376.301, F.S. Heavy fuel oil includes
American Society for Testing and Materials (ASTM) grades number 5 and number 6 residual oils, and
intermediate fuel oils used for marine bunkering with a viscosity of 30 and higher. No. 6 fuel oil is far
more common than no. 5, and is the principal fuel used by oil-fired power plants. Thus "heavy fuel oil" is
frequently used as a synonym for no. 6 residual oil. Heavy fuel oil is a highly viscous oil that has a low
propensity to flow. When discharged, it usually results in visual staining of the top 3 to 4 inches of soil in
the vicinity of the discharge. The response actions proposed by the Florida Electric Power Coordinating
Group, Inc. (FCG) and its member electric utilities takes into consideration the fuel's high viscosity, low
propensity to flow, and the staining associated with a discharge.
Applicability
The response actions provided below apply to discharges of heavy fuel oil to a pervious surface. It does
not apply to discharges of heavy fuel oil being addressed pursuant to the Clean Water Act. Heavy oil
discharged onto impervious surfaces will be recovered. Adherence to this protocol, such that the heavy
fuel oil discharge is remediated within 30 days, constitutes compliance with the provisions of Rule 62-
780.550, F.A.C. In responding to heavy oil discharges, including those into or near waters of the state,
FCG member electric utilities will also comply with all other applicable laws and rules, including
applicable notification requirements.
Response Actions
Heavy oil discharge response actions include two types of discharge categories: a new discharge and an
existing discharge. A new discharge is defined as a discharge that is known to have occurred within the
past 48 hours. An existing discharge is any other heavy oil discharge.
Response actions will be completed within 30 days of discovery of a new or existing discharge. To the
extent response actions are not completed within that timeframe, the electric utility will contact the
local county storage tank program office or Department of Environmental Protection (Department)
district office to develop an appropriate discharge response in accordance with Chapter 62-780, F.A.C.
A. New Discharge Response Protocol
1. New Discharge Not Resulting in Contact with Groundwater
The response actions for a new discharge of any quantity where the discharge did not result in contact
with groundwater will be initiated within 48 hours after discovery. Once the source of the discharge is
abated or otherwise secured, FCG members will initiate response actions, which include immediate
measures to control and abate the discharge.
April 2007
Page 4812 of 9661
Soil impacted by heavy fuel oil will be excavated through visual delineation of stained soil. This is
typically done using shovels, a backhoe, a track hoe or other appropriate equipment. All visible traces of
the heavy oil in the soil will be removed; including a one foot lateral and vertical buffer, unless
prevented by a physical obstacle such as a storage tank, building, etc. Excavated soil will be stockpiled
on Visqueen or other similar impervious material until loaded into 55 gallon drums, roll-off dumpsters or
similar containers. Excavated soil will be secured in a manner that prevents human exposure to
contaminated soil and prevents soil exposure to precipitation that may cause surface runoff. All
excavated soil will be disposed of or treated within 60 days of completion of field activities in
accordance with applicable local, state, and federal regulations. Applicable disposal or treatment
documents will be obtained.
2. New Discharge Resulting in Contact with Groundwater
The response actions for a new discharge of any quantity that resulted in contact with groundwater will
be initiated within 48 hours after discovery. Once the source of the discharge is abated or otherwise
secured, FCG members will initiate response actions, which include immediate measures to control and
abate the discharge.
In accordance with paragraph C. below, if a new discharge resulted in contact with groundwater
confirmatory laboratory analysis will be conducted of the groundwater to ensure that levels of Polycyclic
Aromatic Hydrocarbons (PAHs) applicable to heavy fuel oil as provided in Table A are below the
corresponding groundwater cleanup target levels for those PAH constituents in Chapter 62-777, F.A.C.,
or alternative target levels agreed to with the Department.
To the extent such removal cannot be completed within 30 days, the electric utility will contact the
relevant Department district office to develop an appropriate discharge response in accordance with
Chapter 62-780, F.A.C.
B. Existing Discharge Response Protocol
The response actions for an existing discharge will be initiated as soon as possible after discovery, but no
later than 7 days after discovery.
If the discharge is 25 gallons or less and did not result in contact with groundwater, the response
protocol for new discharges in paragraph A. I. will be followed.
If the discharge is 25 gallons or less and resulted in contact with groundwater, the response protocol for
new discharges will be followed. Also, in accordance with paragraph C. below, potential groundwater
impacts will be addressed.
If the discharge is greater than 25 gallons, or resulted in contact with groundwater (see paragraph C.
below), all visible traces of the heavy fuel oil in the soil will be recovered including a one foot lateral and
vertical buffer as provided in Section A above and confirmatory laboratory analysis of one composite
sample of soil from the bottom of the excavation (unless the bottom is below the water table) and the
walls or perimeter of the excavation will be conducted to ensure that all impacted soil has been
removed. Also, where the existing discharge resulted in contact with groundwater, the provisions of
paragraph C. shall be followed.
April 2007
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Verification cleanup of the soil will be confirmed by ensuring that levels of PAHs applicable to heavy fuel
oil as provided in Table A are less than the lower of the direct exposure or leachability soil cleanup
target levels for those PAH constituents, or other alternative target levels agreed to with the
Department. Removal will continue until applicable PAH constituent levels are below the
aforementioned concentrations, unless prevented by a physical obstacle as previously mentioned.
To the extent such removal cannot be completed within 30 days, the electric utility will contact the
relevant Department district office to develop an appropriate discharge response in accordance with
Chapter 62-780, F.A.C.
C. Groundwater Contact
Heavy fuel oil removal activities in groundwater may include but are not be limited to the use of:
a. Absorbent pads or booms;
b. Pumps (skimmer, diaphragm, centrifugal, etc.) with mechanical, electrical or hand- bailed purging
operations;
c. Hand or mechanical bailing;
d. Fluid vacuum techniques; or
e. Other applicable techniques or technologies.
Recovered heavy fuel oil will either be burned for energy recovery or disposed of or treated in
accordance with applicable local, state, and federal regulations.
If a new or existing discharge resulted in contact with groundwater, after heavy fuel oil removal
activities in groundwater have been completed, confirmatory laboratory analysis will be conducted to
ensure that PAH levels applicable to heavy fuel oil as provided in Table A are below the applicable
groundwater cleanup target levels for PAH constituents in Chapter 62-777, F.A.C., or alternative target
levels agreed to with the Department.
D. Documentation
The attached form will be completed by electric utilities for each discharge of heavy fuel oil on a
pervious surface and kept on file for a period of five years and made available to the Department upon
request.
Table A - PAH Constituents Applicable to Heavy Fuel Oil
Phenanthrene
Anthracene
Fluoranthene
Benz(a)anthracene
Benzo(b)fluoranthene
Benzo(k)fluoranthene
Benzo(a)pyrene
Chrysene
Indeno(1, 2, 3 - cd)pyrene
April 2007
Page 4814 of 9661
Summary Document for Heavy Fuel Oil Discharge (on a pervious surface)
Question Answer
Location(s) of Spill (street address of discharge, if
known, facility name and narrative description or
illustration indicating where discharge occurred)
Date of Spill
Type of Product Discharged
Volume of Product Discharged (in gallons)
Volume of Free Product Recovered (in gallons)
Volume of contaminated soil excavated (tons or cubic
yards)
Disposal or recycling methods for free product
Disposal or recycling methods for excavated soil
Disposal methods for other contaminated media or
investigative related waste
A site map or sketch showing locations(s) of free
product recovered and the area of soil removed
Narrative description or illustrations of the
approximate dimensions of the excavation - length,
width and depth. (All dimensions to be provided in
feet)
Documentation confirming the proper treatment
and/or disposal of the free product or contaminated
soil. (Attach manifests to report)
Narrative description or illustration of where samples
were taken, screening methods used and analytical
results. (Attach to report)
Other applicable information such as a description of
any physical obstacles, if any, preventing complete
removal
April 2007
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Appendix 1
No. 6 Fuel Oil-PAH Analysis and Spill Response Recommendations
PAHs are ubiquitous in the environment, forming whenever organic substances are exposed to high
temperatures. They can be broadly separated into three categories: biogenic (formed from natural
biological processes including diagenesis); petrogenic (primarily associated with crude oil and natural oil
seeps); and pyrogenic (formed in high heat or combustion processes, including incomplete combustion
of fuels). PAHs derived from all three categories are likely to be found as contaminants in soils,
particularly in urban or industrial areas, but also, for examp1e, in areas where wood-burning stoves
(biogenic) and high-volume vehicular traffic (pyrogenic) are present.
Petrogenic PAHs are characterized by low molecular weight compounds with 2 or 3 aromatic rings (i.e.,
six-carbon fused benzene rings) with a predominance of alkyl substitution (predominantly methyl
groups attached to the ring structures). Conversely, pyrogenic PAHs are characterized by high molecular
weight compounds typically with 4 to 7 aromatic rings, and much less alkyl substitution. An important
toxicological distinction between the two categories is that all known carcinogenic PAHs fall into the
high molecular weight, or pyrogenic, category. Atmospheric transport from point sources and the ever-
increasing volume of mobile sources ensures the presence of pyrogenic PAHs in nearly all soils in the
U.S. and elsewhere in the developed world.
Number (No.) 6 fuel oil, also known as Bunker C fuel, is a refinery by-product, principally the residue of
processes in which light and medium crude oils are fractionally distilled and processed to produce
gasoline, diesel fuel, and other products. Although derived from a predominately petrogenic source, No.
6 fuel oil may be substantially enriched in 3 to 5-ring PAHs formed in a number of high-temperature
petroleum refining processes including catalytic and steam cracking, vacuum distillation,
hydrodesulfurization, etc. PAHs in the high-viscosity residuum of the refining process are primarily
petrogenic in origin; however, when necessary, low-viscosity blending stocks from the refining
operations are blended with residuum to reduce viscosity and improve flowability. This occasional
practice has the potential to introduce high-molecular weight pyrogenic PAHs in quantities that are both
unpredictable and batch-specific, although the actual concentrations are low. This, along with the
petrogenic PAH variability in parent crudes, are why PAH fingerprinting can be used to identify specific
sources of fuel oil spills.
To develop a coherent approach to assessing risk from PAHs associated with a spill of residual fuel oil, as
well as recommended cleanup criteria, all regulated PAH compounds have been compiled in Table 1.
Those not found to be present in No. 6 fuel oil are shaded and all are compared with regulatory
endpoints for cleanup action. Composition data for No. 6 fuel oil was compiled by the Total Petroleum
Hydrocarbon Criteria Working Group (Potter and Simmons 1998). Data are presented as weight
percentages for all fuel constituents reported from a comprehensive search of the literature, and from
government, military and oil industry sources.
It is reasonable to assume that any PAHs with maximum reported levels less than 0.02 wt% in No. 6 fuel
oil are unlikely to be present at detectable levels in soil or groundwater samples following a fuel spill.
That is to say, if these PAHs are detected they would either be at a de minimis level or derived from a
April 2007
Page 4816 of 9661
source other than a heavy fuel oil spill, given the plethora of potential PAH sources described above. If
this assumption is accepted, only the following PAHs found in soils subjected to a No. 6 fuel oil spill
should be considered to be derived from that spill:
Phenanthrene
Anthracene
Fluoranthene
Benz(a)anthracene
Chrysene
Benzo(b)fluoranthene
Benzo(k)fluoranthene
The threshold of 0.02 wt% eliminates inclusion of naphthalene; the remainder of PAHs reported to be
present in fuel oil No. 6 (see Table 1) are less abundant in fuel oil #6 than naphthalene. [Some, like
benzo(a)pyrene (reported only once in fuel oil No. 6), are an order of magnitude less abundant than
naphthalene.] Naphthalene is the most soluble of binuclear aromatics, and orders of magnitude more
soluble than PAHs with 3 or 4 aromatic rings. This is further justification for not including naphthalene in
the above list since solubility is a major factor in determining the rate of biodegradation.
For decisions on remediation of PAHs in the environment it is also important to consider bioavailability.
PAH bioavailability will not be discussed further here, but considerable literature information is available
(e.g., National Research Council 2003, Stroo et al., 2005).
Recommendations
For response activities related to a No. 6 fuel oil spill to soil and/or groundwater, it is recommended,
with respect to PAHs, to compare only the following PAHs and their respective regulatory criteria.
Phenanthrene
Anthracene
Fluoranthene
Benz(a)anthracene
Chrysene
Benzo(b)fluoranthene
Benzo(k)fluoranthene
April 2007
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Bibliography
The following references were used in the development of this Appendix.
API 1994. Transport and Fate of Non-BTEX Petroleum Chemicals in Soils and Groundwater. API
Publication number 4593, American Petroleum Institute, Washington, D.C.
Davis, Jay. 2005. PAHs in the Estuary. San Francisco Bay Institute Regional Monitoring Program,
http://www.sfei.org/rmp/rmp news/RMP News volume 2 issue 2.pdf
ERT2 Multimedia Training Tools. 2005. Advanced Chemical Fingerprinting.
http:/www.ert2.org/chemicalfingerprinting/printfriendly.aspx
Massachusetts Department of Environmental Protection. 2005. Polycyclic Aromatic Hydrocarbons.
http://www.mass.gov/dep/toxics/pahs.htm
National Research Council. 2003. Current Use of Bioavailability in the Management of Contaminated Soil
and Sediment, pp. 52-118. In: NRC. 2003. Bioavailability of Contaminants in Soils and Sediments:
Processes, Tools, and Applications. 420 pp., National Academies Press, Washington D.C.
Neff, J.M., S.A. Stout and D.G. Gunster. 2005. Ecological risk assessment of polycyclic aromatic
hydrocarbons in sediments: identifying sources and ecological hazard.
Integrated Environmental Assessment and Management, 1 (1):22-33.
Potter, Thomas L. and Kathleen E. Simmons. 1998. Composition of Petroleum Mixtures. Total Petroleum
Hydrocarbon Criteria Working Group Series, Volume 2. Amherst Scientific Publishers, Amherst,
Massachusetts.
Stroo, H.F. et al. 2005. Improving risk assessments for manufactured gas plant soils by measuring PAH
availability. Integrated Environmental Assessment and Management, 1(3):259-266.
April 2007
Page 4818 of 9661
Table 1. Compilation of Regulated PAHs, Occurrence in No. 6 Fuel Oil, and Regulatory Characterization
and Limits for Spills to Soil in Florida
Priority Pollutants PAHs1
(# of aromatic rings)
Reported wt% in
No. 6 Fuel Oil2 (avg
and range)
USEPA
Carcinogenic
Potential3
Florida
Groundwater
CTLs (ug/L)
Florida Soil CTLs –
Res/CI (mg/kg)4
Naphthalene5 (2) 4.2E-3
2.1E-4 – 1.5E-2 N/C 14 55/300
1-Methylnaphthalene (2) N/R6 N/A 28 200/1800
2-Methylnaphthalene (2) N/R N/C 28 210/2100
Acenaphthylene (2) N/R N/C 210 1800/20,000
Acenaphthene (2) N/R N/A 20 2400/20,000
Fluorene (2) N/R N/A 280 2600/33,000
Phenanthrene (3) 2.1E-2
2.1E-3 – 4.8E-2 N/C 210 2200/36,000
Anthracene (3) 5.0E-3 N/C 2100 21,000/300,000
Fluoranthene (3) 2.4E-2 N/C 280 3200/59,000
Pyrene (4) 2.3E-3 N/C 210 2400/45,000
Benz(a)anthracene (4) 5.5E-2
2.9E-3 – 1.5E-1 B2 0.05 Calculate based on
TEF of 0.17
Chrysene (4) 6.9E-2
2.9E-3 – 3.1E-1 B2 4.8 Calculate based on
TEF of 0.001
Benzo(b)fluoranthene (4) 4.4E-2 B2 0.05 Calculate based on
TEF of 0.1
Benzo(k)fluoranthene (4) 4.4E-2 B2 0.5 Calculate based on
TEF of 0.01
Benzo(a)pyrene (5) 4.4E-3 B2 0.2 0.1/0.7 (TEF of 1)
Dibenz(a,h)anthracene (5) N/R B2 0.005 Calculate based on
TEF of 1.0
Benzo(g,h,i)perylene (6) N/R N/A 210 2500/52,000
Indeno(1,2,3-cd)pyrene (5) 1.0E-2 B2 0.05 Calculate based on
TEF of 0.1
April 2007
Page 4819 of 9661
1. Includes all reported constituents of No. 6 fuel oil (unshaded) that also are listed in Chapter 62-777
SCTLs.
2. Total Petroleum Hydrocarbon Criteria Working Group. Vol. 2, Composition of Petroleum Mixtures.
3. B2-probable human carcinogen; N/C- not classifiable; N/A- not available.
4. Chapter 62-777, F.A.C. Contaminant Cleanup Target Levels, Risk Impact Statement Section
120.81(6), Florida Statutes (F. S.). Residential and Commercial Industrial CTLs presented.
5. Naphthalene, although included in the Priority Pollutant list, is a di-aromatic and generally not
considered in the same group as polynuclear aromatic hydrocarbons.
6. N/R (shaded) = Not reported in literature as occurring in No. 6 Fuel Oil.
7. For applicable PAHs, benz(a)pyrene equivalent concentrations are calculated as the sum of the
individual PAH concentration times its toxic equivalency factor (TEF). This concentration should then
be compared with the benz(a)pyrene SCTL.
April 2007
Page 4820 of 9661
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Page 4821 of 9661
TABLE OF CONTENTS
INTRODUCTION .................................................................................................................................3
A. Closure Report............................................................................................................................................... 3
1. Summary Narrative............................................................................................................................................... 3
2. Supporting Documentation.................................................................................................................................. 3
B. General Sampling Guidelines......................................................................................................................... 4
1. Gasoline and Kerosene Analytical Groups............................................................................................................ 4
2. Used Oil ................................................................................................................................................................ 5
C. Sampling Requirements for Storage Tank Removals [see Section E and F for requirements during closure of
individual system components]............................................................................................................................. 6
1. Gasoline and Kerosene Analytical Groups............................................................................................................ 6
2. Used Oil ................................................................................................................................................................ 7
D. Sampling Requirements for Storage Tanks Closed in Place [see Section E and F for requirements during
closure of individual system components]............................................................................................................. 7
1. Gasoline and Kerosene Analytical Groups............................................................................................................ 7
2. Used Oil ................................................................................................................................................................ 8
E. Sampling Requirements for Closure of Integral Piping in Contact with Soil ................................................... 9
1. Soil Samples.......................................................................................................................................................... 9
2. Groundwater Samples.......................................................................................................................................... 9
F. Sampling Requirements for Closure of Piping Sumps, Spill Containment Devices and Dispenser Sumps....... 9
1. Soil Samples.......................................................................................................................................................... 9
2. Groundwater Samples........................................................................................................................................10
G. Discharge Reporting Requirements during a Petroleum/Product Tank System Closure...............................10
H. Hazardous Substance and Other Pollutant Storage Tank Systems...............................................................11
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Page 4822 of 9661
3DJHRI
INSTRUCTIONS FOR CONDUCTING ^DW>/E'DURING CLOSURE
INTRODUCTION
This document establishes procedures for conducting and reporting storage tank system closures to meet the
requirements of Chapter 62-761, Florida Administrative Code (F.A.C.), Underground Storage Tank Systems.
As an integral part of a system or a system component closure performed at an Underground Storage Tank (UST)
facility, a Closure Report or a Limited ůŽƐƵƌĞReport, as applicable, shall be prepared and submitted to the
Department or contracted County program as required in Rule 62-761.800, F.A.C. The report is to describe the
work that was performed at the facility during the system or system component closure, and summarize any data
collected at that time.
A Site Assessment in accordance with Chapter 62-780, F.A.C., conducted and approved by the Department will
satisfy the requirements of this guideline. However, these guidelines do not meet the criteria to qualify for the
issuance of a Site Rehabilitation Completion Order (SRCO) as specified in Chapter 62-780, F.A.C. If a facility intends
to demonstrate that all No Further Action requirements of Chapter 62-780, F.A.C., have been met, a Closure
Report which meets the Site Assessment requirements of Chapter 62-780, F.A.C., must be prepared and
submitted, and the report must be signed and sealed by a Professional Engineer (PE) licensed in the State of
Florida or a Professional Geologist (PG) licensed in the State of Florida.
A. Closure Report
In cases where an investigation is required at the time of closure in accordance with this document and as
specified in Rule 62-761.800, F.A.C., a Closure Report with the following elements and documentation shall be
prepared and submitted in writing or electronic format to the County within 60 days of completion of closure.
1. Summary Narrative
The Closure Report shall summarize closure actions and provide:
a.Information on the procedures (soil field screening procedures, analytical sample collection, etc.)
followed during closure;
b.Information on the dimensions of the excavation(s), depth to groundwater, volume of soil excavated,
and disposal method for the excavated soil;
c.Disposition of excavated contaminated soil;
d.Disposition of removed system components;
e.Disposition of accumulated sludge / liquids removed from system components; and
f.Recommendation for no additional actions or for site assessment under Chapter 62-780 F.A.C.
2. Supporting Documentation
a.A scaled site map showing the area(s) excavated and approximate locations of all samples collected;
b.Table(s) summarizing all field and analytical results obtained, listing the approximate depth at which
Page 4823 of 9661
3DJHRI
each sample was collected;
c.DEP Form 62-761.900(2) “Storage Tank Facility Registration Form” (due within 10 days after closure);
d.DEP Form 62-761.900(5) “Underground Storage System Installation and Removal Form for Certified
Contractors” (due no later than 21 days after removal of a storage tank system);
e.Copies of laboratory reports.
B. General Sampling Guidelines
All samples must be analyzed using approved methods listed in Chapter 62-780, F.A.C., or methods approved
through protocols described in Chapter 62-160, F.A.C.
Composite soil samples cannot be used to meet the requirement of Closure Investigation sampling. Soil
samples collected during Closure Investigation must be discrete grab samples. Composite samples are only
allowed for analysis of contaminated soil for the purposes of disposal.
Benzo(a)pyrene equivalents must be calculated for soil samples as there are no longer individual direct
exposure Cleanup Target Levels (CTLs) for several of the Polycyclic Aromatic Hydrocarbons (PAHs).
Soil samples for volatile analyses must be collected pursuant to EPA Method 5035. However, if the substrate
to be sampled consists of large particles such as pea gravel, contains debris or is consolidated, soil samples for
volatile analyses may be collected in a bulk jar.
Note: Chapter 62-780, F.A.C., allows Level 1 Risk Management alternative closure options for both the total
recoverable petroleum hydrocarbons (TRPH) CTLs and leachability CTLs, and in accordance with these
procedures, further analysis of the soil sample can be run. As such, enough soil should be collected during
sampling efforts so that the laboratory can perform additional tests on that soil if necessary. The laboratory
should be advised that in the event that contamination is detected which exceeds the TRPH Direct Exposure
Residential CTL or TRPH Leachability Based on Groundwater CTL specified in Table II of Chapter 62-777, F.A.C.,
TRPH fractionation using either the Massachusetts method or the Working Group method should be
performed on that soil sample. The laboratory should also be advised that in the event that contamination is
detected that exceeds the Department’s Leachability Based on Groundwater Criteria Soil CTLs specified in
Table II of Chapter 62-777, F.A.C., for any other contaminant of concern, a Synthetic Precipitation Leaching
Procedure (SPLP) extraction and analysis of that soil sample should be performed. Additionally, the
acceptable holding times for the soil samples need to be met. If TRPH fractionation or SPLP is utilized, the
Closure Report needs to be signed and sealed by a PG or PE.
1. Gasoline and Kerosene Analytical Groups
a. Soil Samples
Soil samples obtained during closure of a storage tank system are to be screened in the field using an
instrument or method approved by the Department. A sample from the location in each source area
(tank farm, integral piping, dispenser island 1), that yields the highest hydrocarbon measurement is to
be analyzed for volatile organic aromatics (VOAs), PAHs and TRPHs. If no positive screening results
are obtained, the sample, from each source area, is to be collected from the location within each
source area believed to be most likely to have contamination, such as next to a fill port. Only one
sample is needed to confirm a new discharge and then the facility enters the site assessment
1 Each island is considered a source area. If there are five islands with two dispensers on each island, five samples
are to be collected.
Page 4824 of 9661
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initiation phase under 62-780, F.A.C
(1) If an organic vapor analysis instrument with a Flame Ionization Detector (FID) or a Photo
Ionization Detector (PID) is used, it must be in the survey mode. PIDs should not be used in
situations where humidity will interfere with the instrument’s sensitivity (i.e., during rainy
periods, measuring moist or wet soil). Readings must be obtained from the headspace of
samples in half-filled, 8-ounce or 16-ounce jars. Each soil sample should be obtained from the
vadose zone (the area above the water table), brought (if necessary) to a temperature of
between 20°C (68°F) and 32°C (90°F), and the reading obtained five to thirty minutes thereafter.
If an FID is used, each soil sample must be split into two jars, and one of the readings must be
obtained with the use of an activated charcoal filter unless the unfiltered reading is 10 parts per
million (ppm) or less. The total corrected hydrocarbon measurement must be determined by
subtracting the filtered reading from the unfiltered reading. Analytical instruments must be
calibrated in accordance with the manufacturer's instructions.
(2) If soil that yields positive field screening results (hydrocarbon measurements greater than 10
ppm) is identified and remains on-site, a grab sample from the location in each source area that
yields the highest hydrocarbon measurement must be analyzed for VOAs, PAHs and TRPHs. If
the evidence suggests that products from both the Gasoline Analytical Group and Kerosene
Analytical Group were released at different locations within a source area, then the sample from
each distinct product area with the highest hydrocarbon measurement is to be collected for
laboratory analyses.
(3) If contaminated soil is identified and excavated, a minimum of four or five samples (at least one
from the bottom of the excavation if the water table was not reached and at least four from the
walls of the excavation) are to be obtained for field screening. The sample that yields the highest
hydrocarbon measurement is to be analyzed for VOAs, PAHs and TRPHs. If no positive screening
results are obtained, the sample is to be collected from the location believed to be most likely to
have contamination. This sampling is in addition to the sampling required in B.1.a., above.
Removal of soil greater than 20 feet of depth and/or in a 20 foot radius laterally from the edge of
excavation is allowable provided that an Interim Source Removal Report is submitted in
accordance with the requirements of Rule 62-780.500, F.A.C., and is signed and sealed by a PE or
PG.
b. Groundwater Samples
Groundwater samples obtained during closure of a tank must be analyzed for all parameters specified
in Table C of Chapter 62-780, F.A.C.
2. Used Oil
a. Soil Samples
(1) Soil samples obtained during closure of a used oil tank are to be inspected for signs of staining or
discoloration. If the tank appears to have discharged or if soil contaminated or saturated with
used oil is identified and remains on-site, a sample that represents the location believed to be
most likely to have contamination must be analyzed for all parameters specified for used oil in
Table D of Chapter 62-780, F.A.C.
(2) If soil visually stained or saturated with used oil is identified and excavated, at least one sample is
to be obtained from the bottom of the excavation if the water table was not reached and at least
one sample is to be obtained from the wall of the excavation at an equivalent depth of the soil
Page 4825 of 9661
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visually stained or saturated with used oil that was removed, and analyzed for those
contaminants detected in the sample collected from the most visibly stained area or during pre-
burn analyses.
b. Groundwater Samples
Groundwater samples must be analyzed for all parameters specified for used oil in Table D of
Chapter 62-780, F.A.C.
C. Sampling Requirements for Storage Tank Removals [see Section E and F for requirements during
closure of individual system components]
1. Gasoline and Kerosene Analytical Groups
a. Soil Samples
During the removal of an underground storage tank system, field screening of soils in accordance
with B.1.(a), above shall be conducted inside the area of the tank pit. The screening locations are to
be spaced on a five (5) foot grid pattern, beginning at the edge of the undisturbed soil, with soil
collection from ground surface at discrete points at a depth of two feet and five feet below land
surface (bls), then continuing at five foot intervals to 20 feet bls, unless groundwater is encountered.
Note:If it is anticipated that a very large excavation will be required and if an alternate soil sampling
frequency is requested, a proposal under subsection 62-761.850(1), F.A.C., (Alternative Procedure
Requirements) can be submitted to the Department for approval under that rule.
b. Groundwater Samples
Groundwater samples must be obtained from a properly constructed temporary monitoring well or a
direct push well as discussed below whenever the depth to the groundwater table is less than 20
feet. If the depth to the groundwater table is greater than 20 feet, a groundwater sample is not
required if:
x the screening and laboratory results indicated that contaminated soil was not present, or
x contaminated soil was identified and was left in place requiring the discharge to be reported and
a site assessment to be conducted in accordance with Rule 62-780.600, F.A.C., or
x contaminated soil was identified, excavated and results demonstrated that groundwater should
not have been affected based on the:
o degree of contamination,
o horizontal and vertical extent of contamination in the excavated soil,
o type of product believed to have been discharged, and
o site stratigraphy
Subsequent to backfilling, the temporary monitoring well is to be installed in the area that represents
the location believed to be most likely to have contamination as determined by the soil field
screening results. If no soil contamination is found, the well is to be installed near the center of the
former tank location. Minimum well construction details for a temporary monitoring well require a
Page 4826 of 9661
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sand pack placed around the well screen prior to sampling and the well screen intercepting the
groundwater table.
2. Used Oil
a. Soil Samples
When a used oil tank is being removed, a visual inspection of the excavation, of the tank condition
and of the removed soil is to be performed to document the integrity of the tank. If the tank appears
to have discharged or if soil staining is documented, a soil sample is to be obtained in accordance
with Section B.2.(a) above.
b. Groundwater Samples
Groundwater sampling is not required if visual observations or laboratory results from sampling
indicate that contaminated soil is not present. However, if the tank appears to have discharged or if
soil staining is documented, and the depth to the groundwater table is less than 20 feet, a temporary
monitoring well is to be installed in the area that represents the location believed to be most likely to
have contamination as determined by the visual observations of the soil samples. If the depth to the
groundwater table is greater than 20 feet, a groundwater sample is not required if:
x the visual observations or laboratory results from sampling indicated that contaminated soil was
not present, or
x contaminated soil was identified and was left in place requiring the discharge to be reported and
a site assessment to be conducted in accordance with Rule 62-780.600, F.A.C., or
x contaminated soil was identified, excavated and results demonstrated that groundwater should
not have been affected based on the:
o degree of contamination,
o horizontal and vertical extent of contamination in the excavated soil,
o type of product believed to have been discharged, and
o site stratigraphy.
D. Sampling Requirements for Storage Tanks Closed in Place [see Section E and F for requirements
during closure of individual system components]
1. Gasoline and Kerosene Analytical Groups
a. Soil Samples
A minimum of four soil borings must be placed around each underground storage tank, with a
maximum distance of 20 feet between borings. Each boring is to be placed as close to the tank as
possible, with one of the borings placed as close to the fill port as possible while still being beyond
the edge of the tank so that the boring can continue to the groundwater table or 20 feet, whichever
is less. Soil must be screened at two foot intervals to a depth of 10 feet below land surface and then
at 5 foot intervals to the groundwater table, or to a depth of 20 feet below land surface if the water
table is not encountered.
b. Groundwater Samples
Page 4827 of 9661
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Groundwater samples must be obtained whenever the depth to the groundwater table is less than 20
feet. If the depth to the groundwater table is greater than 20 feet, a groundwater sample is not
required if:
x the screening and laboratory results indicated that contaminated soil was not present, or
x contaminated soil was identified and was left in place requiring the discharge to be reported and
a site assessment to be conducted in accordance with Rule 62-780.600, F.A.C., or
x contaminated soil was identified, excavated and results demonstrated that groundwater should
not have been affected based on the:
o degree of contamination,
o horizontal and vertical extent of contamination in the excavated soil,
o type of product believed to have been discharged, and
o site stratigraphy.
When compliance monitoring wells are present, one sample can be obtained from each compliance
monitoring well (if only one tank of 2,000 gallon capacity or less is being closed in place, only two
temporary monitoring wells are to be installed, at locations suspected to be downgradient and
upgradient from the tank). If it is determined that the construction of the compliance wells is not
adequate (that is, if the water table does not intersect the screened interval), temporary monitoring
wells are to be installed, as specified below.
If there are no compliance monitoring wells present, four temporary monitoring wells are to be
installed around the tank field and sampled (if only one tank of 2,000 gallon capacity or less is being
closed in place, only two temporary monitoring wells are to be installed, at locations suspected to be
downgradient and upgradient from the tank). Minimum well construction details for a temporary
monitoring well require a sand pack placed around the well screen prior to sampling and that the
screened interval intercepts the groundwater table.
2. Used Oil
a. Soil Samples
Sample as specified in Section D.1.a. above, with the samples visually inspected to determine if the
tank appears to have discharged. If the tank appears to have discharged or if soil staining is
documented, a soil sample is to be obtained in accordance with Section B.2.(a) above.
b. Groundwater Samples
If the depth to the groundwater table is less than 20 feet, a temporary monitoring well is to be
installed in the area that represents the location believed to be most likely to have contamination as
determined by the visual observations of the soil samples. If no soil staining is documented, the
temporary monitoring well is to be installed next to the tank, as close to the fill port as possible. If the
depth to the groundwater table is greater than 20 feet, a groundwater sample is not required if:
x visual observations or laboratory results indicated that contaminated soil was not present, or
x contaminated soil was identified and was left in place requiring the discharge to be reported and
a site assessment to be conducted in accordance with Rule 62-780.600, F.A.C., or
Page 4828 of 9661
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x contaminated soil was identified, excavated and results demonstrated that groundwater should
not have been affected based on the:
o degree of contamination,
o horizontal and vertical extent of contamination in the excavated soil,
o type of product believed to have been discharged, and
o site stratigraphy.
E. Sampling Requirements for Closure of Integral Piping in Contact with Soil
1. Soil Samples
One soil boring must be placed approximately every 20 feet of product transfer line (piping), with the
spacing determined by any evidence of contamination and location of potential sources of leaks, such as
fixtures, connections and joints. The boring(s) is/are to be located as close to the transfer line as possible,
with the sampling point one foot below the line level, or immediately above the groundwater table,
whichever is first encountered.
2. Groundwater Samples
A groundwater sample is not required if:
x the screening and laboratory results indicated that contaminated soil was not present, or
x contaminated soil was identified and was left in place requiring the discharge to be reported and a
site assessment to be conducted in accordance with Rule 62-780.600, F.A.C., or
x contaminated soil was identified, excavated and results demonstrated that groundwater should not
have been affected based on the:
o degree of contamination,
o horizontal and vertical extent of contamination in the excavated soil,
o type of product believed to have been discharged, and
o site stratigraphy.
If the results cannot demonstrate that groundwater should not have been affected, then a temporary
monitoring well is to be installed in the area that represents the location believed to be most likely to
have contamination as determined by the soil samples.
F. Sampling Requirements for Closure of Piping Sumps, Spill Containment Devices and Dispenser
Sumps
1. Soil Samples
a.One soil boring must be placed next to each submersible pump or fill port. Samples for field
screening are to be collected approximately every two feet below land surface until the top of the
storage tank, or the groundwater table, whichever is first encountered.
b.A minimum of one soil boring must be placed directly under each product dispenser or less than
Page 4829 of 9661
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three feet from each product dispenser. Samples for field screening are to be obtained
approximately every two feet below land surface to a minimum depth of four feet, or to the
groundwater table, whichever is first encountered (if the appropriate District or contracted County
program determines based on screening results that there is a need to extend any boring below 10
feet, subsequent samples may be collected every five feet). The depth of the soil boring(s) will be
dependent upon the hydrocarbon vapors encountered. The ideal location for evaluating soil
conditions is directly under the dispenser if the dispenser has been removed and the area is large
enough to be accessible.
2. Groundwater Samples
A groundwater sample is not required if:
x the screening and laboratory results indicated that contaminated soil was not present, or
x contaminated soil was identified and was left in place requiring the discharge to be reported and a
site assessment to be conducted in accordance with Rule 62-780.600, F.A.C., or
x contaminated soil was identified, excavated and results demonstrated that groundwater should not
have been affected based on the:
o degree of contamination,
o horizontal and vertical extent of contamination in the excavated soil,
o type of product believed to have been discharged, and
o site stratigraphy.
If the results cannot demonstrate that groundwater should not have been affected, then a temporary
monitoring well is to be installed in the area that represents the location believed to be most likely to
have contamination as determined by the soil samples.
G. Discharge Reporting Requirements during a Petroleum/Product Tank System Closure
The Department must be notified by the facility owner or operator of the discovery of an unreported
discharge on the Discharge Report Form [Department Form 62-761.900(1)] within 24 hours of the discovery or
before the close of the Department's next business day. If any one of the following reporting criteria is met,
then the Closure Investigation may be terminated, a Closure Report (prepared according to the guidelines
described in Section A – Documentation Requirements, describing the work that was performed at the site
and summarizing the data collected at that time) is to be submitted and a formal site assessment initiated in
accordance with Chapter 62-780, F.A.C.:
1. Soil contaminated with products classified in the Gasoline Analytical Group or in the Kerosene Analytical
Group, that exceeded the default soil CTLs specified in Chapter 62-777, F.A.C., remains on-site; or
2. Soil contaminated with used oil, that exceeded the default soil CTLs specified in Chapter 62-777, F.A.C.,
remains on-site; or
Note: For G.1. and G.2. above, a DRF does not need to be submitted when the default soil CTLs are
exceeded while level 1 alternative closure options (Fractionation and SPLP) are being evaluated. Once the
evaluation is complete, if it is demonstrated that the soil is contaminated, then a DRF must be submitted;
3. Free product or a sheen of petroleum products is detected in a monitoring well or in the tank or tank
Page 4830 of 9661
3 D J H R I
system components excavation area; or
4. Any of the groundwater CTLs specified in Chapter 62-777, F.A.C., has been exceeded.
H. Hazardous Substance and Other Pollutant Storage Tank Systems
Owners or operators of hazardous substance USTs and other pollutant USTs are required to perform a Closure
Investigation. The Closure Report must address the particular regulated substance stored in the storage tank
system. Sampling methodology must be submitted to the District or contracted County program for approval
30 days before the storage system closure. If the sampling methodology proposed by the Owner or Operator
will accurately detect any discharges that may have occurred, the District or contracted County program will
notify the owner or operator of the approval within 14 days of receipt of the sampling methodology. Closure
Investigation may be conducted in accordance with existing Department-approved closure evaluation
protocols and related corrective action protocols approved under other Department programs [e.g., Heavy
Fuel Oil Discharge Response Actions (FDEP April 2007)].
Page 4831 of 9661
DEP Contract No. GC9 , Guidance Document D1, Page 1 of 7
Guidance Document D1
Compliance Verification Program Review
PURPOSE
The program review serves to gauge program performance during the course of each task
assignment. This program review seeks to ensure effective communication (both written and
verbal) between the contractors and DEP.
Each section contains a comment area used to explain deficiencies and to highlight superior
performance. DEP’s program review will emphasize the Contractor’s performance in relation to
inspection type, facility type and inspector competence. DEP will use these program reviews
during the development of future performance standards. The program reviews will evaluate the
entire fiscal year task assignment.
In summary:
1. Provide comments
2. Highlight deficiencies and superior performances
3. Conduct periodic reviews during course of task assignment
4. Provide copies to the contractor and the Contract Manager with the Permitting and
Compliance Assistance Program (PCAP) within two weeks of completion.
5. Request response from the contractor within 45 days of issuance of the program review.
Page 4832 of 9661
DEP Contract No. GC9 , Guidance Document D1, Page 2 of 7
Directions for Completing Contract Review Form
Program Management
1. Have the required number of routine compliance inspections been done as required by the
Scope of Work in the contract? Have all the applicable inspections: installation, closure,
discharge, re-inspections and complaint been conducted, and the reports completed, as
specified within the contract?
2. Has the contractor generally met the Level of Effort time frames specified by DEP?
Refer to Guidance Document F.
3. Were closure documents received as required and properly reviewed? Were appropriate
closure letters sent? Was follow up conducted as needed?
4. Are the Payment Calculation Sheets submitted to the Task Manager electronically by the
10th of the following month, and are the electronic invoices (deliverables) submitted by
the 15th of the following month to PCAP? Was the Task Manager copied on the electronic
invoice submittal?
5. Have performance deficiencies noted in previous task assignment(s) been addressed and
corrected by management or staff?
Data Management
1. Are all FIRST entries relevant to facility status done? This includes such things as site
maps, photos, EQ information, registration information, outreach prior to routine
compliance inspections, documentation of inspection report delivery, incident data entry,
and facility coordinate information.
2. Are the appropriate discharge reporting activities conducted and entered into FIRST and
is the Task Manager notified within 30 days of the discovery of a new discharge at a
facility?
Staffing
1. Are positions correctly staffed? Have a sufficient number of qualified staff been provided
to satisfactorily complete the contract requirements?
2. OSHA training within 6 months of hiring and annually thereafter?
3. Has a contract program representative attended all scheduled meetings, teleconferences
and training?
4. Have all inspectors and compliance assistance personnel attended inspector training
courses offered by DEP?
Public Assistance
1. Does the contractor provide access to facility files and provide copies of applicable rules,
inspection forms, and other program/public assistance information to the public and
regulated interests?
Comments
Total all points from the file review and field review forms in the appropriate spaces. All NO
answers need to be explained in the comment section where applicable and specific instances
Page 4833 of 9661
DEP Contract No. GC9 , Guidance Document D1, Page 3 of 7
of shortcomings in the program documented. Send copy of review to the local program
supervisor upon completion of the contract review.
Directions for Completing FIRST Review Form
Inspection Reports
1. Has the registration information been checked to verify if STCM and FIRST are correct?
If the information needs to be updated, has the facility representative been directed to
correct the information? Has the registration form been forwarded to Tank Registration
as needed?
2. Are the violations accurately cited?
3. Are clear and concise appropriate corrective actions stated?
4. Required inspection report information:
All inspections:
a. Has plain language been used so that the facility representative can understand the
findings in the inspection report?
b. Has the mechanism of financial responsibility been documented?
c. Have the reviewed records and systems tests fields been completed accurately.
d. Does the inspection report meet the minimum standards referenced in the FIRST
User’s Guide and include the following information shown below?
Routine Compliance:
x Date of physical inspection.
x All release detection methods for tanks, piping, and sumps listed. Description
of any unusual operating conditions, such as alarms.
x Any forms that were completed during the inspection, or provided to the
facility for later update or referral to the Department’s website for electronic
update.
x A brief description of the inspector’s physical inspection results for all
accessible system equipment. This may include:
o Vacuum gauge readings.
o Results (dry/water/product, etc.) for tank and piping interstices, fill/spill
containments, sumps, AST containments.
o Integrity and conditions of all accessible system components (corrosion;
containment integrity; deterioration or deformation, damaged or worn
components, etc.)
o Presence of any current leaks or staining that is indicative of past leaks or
overfills.
o Operating status, hours and amp/volt readings of impressed current
rectifier, presence of cp test stations.
x If certain system equipment was not inspected or could not be inspected,
reason(s) for the lack of inspection recorded.
x Any requests for and/or receipt of an INF or a DRF based on the records
review or physical inspection findings.
Installations:
Page 4834 of 9661
DEP Contract No. GC9 , Guidance Document D1, Page 4 of 7
x The description of activities conducted and observed by the inspector(s).
Ensure that the dates and times of these activities and observations are noted.
x The PSSC name and number for UST installations or the name of the
contractor performing the AST installation.
x List of all the equipment installed, manufacturer, and EQs. As a reminder, this
information also needs to be recorded at the facility level.
x The release detection methods used to demonstrate compliance.
x The testing company name, the method of test performed, and the results.
x Any forms that were completed during the inspection or provided to the
facility for later update. If a registration form has not been completed, note
that one must be completed and submitted.
Closures:
x The activities conducted and observed by the inspector(s). Ensure that the dates
of these activities and observations are noted.
x The PSSC name and number for UST closures or the name of the
contractor performing AST closure.
x The equipment closed as well as general condition. Include manufacturer,
and EQ numbers, if now known, if this information was not previously
known and/or recorded in FIRST. As a reminder, this information also needs
to be recorded at the facility level. Update the site map accordingly at the
facilitylevel.
x The method(s) used to make the tanks safe for removal (i.e. inerting,
induction, etc.)
x Whether any forms were completed during the inspection or provided to the
facility for later update. If a registration form has not been completed, note
that one must be completed and submitted within 10days.
x The cleanup status of previous discharges.
x Document whether the closure integrity evaluation report form was submitted
as applicable.
x The statement as to whether a closure report or a limited closure report is
required, and by what date.
x The name of the consultant performing the closure assessment and the methods
of sampling, if applicable.
x The disposal of the tanks, contents, and contaminated soil/groundwater, as
applicable.
x The observance of contamination, or lack thereof, during the closure process.
Any photographs or sketches describing the contamination encountered should
be attached in the Attachments section described above.
x An INF/DRF that is provided by the responsible party during a closure
inspection.
Discharge Inspections:
x After notification, was a discharge inspection performed within 14 calendar
days?
Page 4835 of 9661
DEP Contract No. GC9 , Guidance Document D1, Page 5 of 7
x The product discharged, including type, amount, and cause of discharge, when
possible.
x Actions taken to contain and abate the discharge (tank emptied, repairs,
tightness testing, etc.).
x The date the DRF was filed, or a statement that the DRF has not yet been
filed, and for what reason.
x The names of any consultants and/or PSSC, with number, if they are
involved with response to discharge.
x Any requests to the responsible party to provide soil and/or product disposal
manifests.
x Whether a site assessment will be required, if known at the time of the
inspection.x A diagram of the affected area, if the discharge was a visible surface spill.
Reinspections:
x Describe what was re-inspected, what corrective actions were taken and what
violations were resolved, if any.
x An INF that is provided by the responsible party during a re-inspection.
Complaints:
x Source and description of complaint received.
x Outcome of complaint.
x An INF that is provided by the responsible party during a complaint
inspection.
5. Have photos been taken of physical violations, installations, closures and discharges?
Are the photos properly documented?
Correspondence
1. Have Compliance Assistance/In-Compliance letters been issued per the Level of Effort
document?
Follow-up
1. Conducted and Documented:
a. Have reinspections been scheduled and conducted as needed?
b. Has the resolution of violations been documented (submittals, phone calls, meetings)?
c. Have non-compliant facilities that have not returned to compliance been referred for
enforcement?
d. Have appropriate start-up tests (i.e., hydrostatic, operability, and integrity tests) been
provided?
e. Have closure documents (Closure Integrity Evaluation Reports, Closure Reports, and
Limited Closure Reports) and forms been timely received and reviewed? And, were
follow-up letters issued, as applicable (i.e., incomplete/complete) issued)?
f. Was a cleanup notification letter issued when appropriate?
g. Has every effort been made to get the facility back into compliance prior to referring
the facility for enforcement? The degree of effort may be dependent on their
enforcement level.
Page 4836 of 9661
DEP Contract No. GC9 , Guidance Document D1, Page 6 of 7
h. Have INFs/DRFs been tracked and appropriate follow-up taken?
i. Have the latitudes/longitudes for new facilities been determined and verified in
accordance with DEP approved procedures?
FIRST Information
1. Were activities, comments, and attachments complete?
2. Was all necessary data entry completed? Including:
a. For routine compliance inspections, was Outreach conducted prior to the inspection
and documented in FIRST in a Phone or Electronic Communication Activity,
depending on how the contact was made?
b. Was the date and manner of the issuance of the inspection report to the facility
owner/operator documented in FIRST in a supporting activity such as a Non-
Compliance Project Letter Activity, Issue Document Activity, and/or Electronic
Communication Activity?
c. EQ information provided for each tank on the Regulatory Information Page.
d. Was inspection report completed within 14 days.
3. Does FIRST contain current and historic site photos and site maps, as applicable?
Page 4837 of 9661
DEP Contract No. GC9 , Guidance Document D1, Page 7 of 7
Directions for Completing Field Inspection Review Form
Process
1. Did the inspection report meet the minimum standards referenced in the FIRST User’s
Guide?
2. Has the registration information been checked to verify if STCM and FIRST are correct?
If the information needs to be updated, has the facility representative been directed to
correct the information. Has the registration form been forwarded to Tank Registration as
needed?
3. Were all necessary records and system tests reviewed?
4. Have photos been taken of physical violations and are the photos properly documented?
5. Have Compliance Assistance/In-Compliance letters been issued per the Level of Effort
document?
Performance
1. Were all tank components, including release detection components, inspected?
2. Are the violations accurately cited?
3. Are clear and concise appropriate corrective actions stated?
4. Was proper safety equipment used and were safe work practices used?
5. Was compliance assistance provided as needed?
Page 4838 of 9661
CONTRACT REVIEW FORM
CONTRACT NUMBER: G
COUNTIES:
DATE:
Compliance Inspection Verification Program Review
YES NO N/A Pts. Pts.
Program Management avail. scored
1 Program inspections meet Scope of Work?10
2 Program follows Level of Effort timeframes?10
3 Timely receipt/review of closure documents? Letters sent?4
4 Payment Calculation Sheets and Invoices timely submitted?2
5 Previous task assignment deficiencies corrected?5
Data Management
1 Are all applicable FIRST entries made including such things 2
site maps, photos and EQ information?
2 Appropriate discharge reporting activities conducted and 2
entered into FIRST?
Staffing
1 Positions correctly staffed?1
2 Appropriate OSHA training completed?1
3 Attendance at required meetings, telecons and training?1
4 Staff attended inspector training courses?1
Public assistance
1 Program info. available to public? Access provided?1
Total 40
FIRST Review Attached 30
Field Inspection Review Attached 30
Total for contract review 100
Program review conducted by: Date:
Guidance Document D2
Comments:
Page 4839 of 9661
FIRST REVIEW FORM
CONTRACTOR NAME: FACILITY ID NUMBERS
Pts. Mean
INSPECTION REPORTS Y/N score Y/N score Y/N score Y/N score avail. score
Insp. Type/Inspector
1 Reg. Info correct/verified 2 #DIV/0!
2 Violations cited and accurate 3 #DIV/0!
3 Appropriate corrective 3 #DIV/0!
actions stated
4 All req. inspection rpt info.5 #DIV/0!
and items completed
5 Appropriate photo taken 2 #DIV/0!
CORRESPONDENCE
1 Letter issued per LOE 2 #DIV/0!
FOLLOW-UP
1 Conducted/Documented 5 #DIV/0!
FIRST
1 Activities, Comments and 2 #DIV/0!
Attachments Complete?
2 Data entry timely completed 4 #DIV/0!
3 Current/Historic photos/site map 2 #DIV/0!
Mean Score This Page #DIV/0!
Review Conducted By: Date:
Comments:
Page 4840 of 9661
FIELD INSPECTION REVIEW FORM
Contract Number:
County:
Date:
YES NO N/A Pts. Avail. Pts. Scored
PROCESS:
1 All required inspection report information and items completed?5
2 Reg. Info correct/verified 2
3 All records and system tests reviewed and documented?2
4 Photos taken as needed?2
5 Letter issued per LOE?2
PERFORMANCE:
1 Inspection of all storage tank/release detection components?6
2 All violations cited and accurate?3
3 Appropriate corrective actions stated?3
4 Proper use of safety equipment/techniques?3
5 Compliance Assistance provided as needed?2
Total 30 0
Review Conducted By: Date:
Comments:
Page 4841 of 9661
Invoice No. Contract No. Date Period of Service
7/1/2016 to 6/30/2017
Vendor:Bill To:Florida Department of Environmental Protection
Permitting and Compliance Assistance Program
2600 Blair Stone Road, M.S. 4565
Tallahassee, Florida 32399-2400
FEID No.:Attn.: Tanks Compliance Assistance Accounting
Telephone:
Agent:
Contractor Use:
Month/Yr.
Routine
Inspection
Amount
Less
Retainage
(10%)
Routine
Inspection
Invoiced
Variable
Invoiced
Adjusted Invoice
Total
Total Previously
Invoiced
Fixed Price:Cost Plus:N/A Jul 2016 515.50$ 51.55$ 463.95$ 760.45$ 1,224.40$ -$
Aug 2016 515.50$ 51.55$ 463.95$ 760.45$ 1,224.40$ 1,224.40$
Contract/Task Amount Contract/Task Amount Sep 2016 515.50$ 51.55$ 463.95$ 760.45$ 1,224.40$ 2,448.80$
Less Previously Invoiced Oct 2016 515.50$ 51.55$ 463.95$ 760.45$ 1,224.40$ 3,673.20$
Gross Invoice Amount Less Previously Invoiced Nov 2016 515.50$ 51.55$ 463.95$ 760.45$ 1,224.40$ 4,897.60$
Less/Plus Retainage Dec 2016 515.50$ 51.55$ 463.95$ 760.45$ 1,224.40$ 6,122.00$
Invoice Total Invoice Total Jan 2017 515.50$ 51.55$ 463.95$ 760.45$ 1,224.40$ 7,346.40$
Feb 2017 515.50$ 51.55$ 463.95$ 760.45$ 1,224.40$ 8,570.80$
TOTAL AMOUNT OF INVOICE: Mar 2017 515.50$ 51.55$ 463.95$ 760.45$ 1,224.40$ 9,795.20$
Apr 2017 515.50$ 51.55$ 463.95$ 760.45$ 1,224.40$ 11,019.60$
FDEP Use Only:May 2017 515.50$ 51.55$ 463.95$ 760.45$ 1,224.40$ 12,244.00$
Jun 2017 515.50$ 51.55$ 463.95$ 760.45$ 1,224.40$ 13,468.40$
Total: 6,186.00$ 618.60$ 5,567.40$ 9,125.40$ 14,692.80$ 14,692.80$
NOT Yet Invoiced Amt.: 618.60$ 15,311.40$
STRS Rev. 6/15 WB
GUIDANCE DOCUMENT E
CONTRACTUAL SERVICES INVOICE
Task No.
$150,000.00
$14,692.80
$51.55
$1,224.40
$1,224.40
Less/Plus Retainage (10% routine
inspection costs)
$1,275.95
Page 4842 of 9661
DEP Contract No. GC9 , Guidance Document F, Page 1 of 2
GUIDANCE DOCUMENT F
STORAGE TANK REGULATION SECTION
LEVEL OF EFFORT GUIDANCE
LEVEL I PROGRAMS
PURPOSE:
This “Level of Effort” enforcement guidance is provided to clarify the
requirements of the Level I contracted local tanks programs with regards to
enforcement actions.
VIOLATION TYPES:
Violation types in the storage tank regulation section.
1) Significant Non-Compliance - A (SNC –A).
These violations are considered top priority due to their potential for harm
to the environment. They are identified on the data entry/checklist by all
capital letters and in bold print.
2) Significant Non-Compliance - B (SNC –B).
These violations are considered high priority due to their potential for
harm. They are identified on the data entry/checklist by bold print.
3) Minor violation –(MIN).
These violations are considered low priority. They are identified by
regular type font on the data entry/checklist.
SIGNIFICANT NON –COMPLANCE - A VIOLATIONS:
The following “Level of Effort” is required on SNC - A violations at the local
program level.
1) Upon discovery of a SNC - A violation, the local program shall issue a
Non-Compliance Letter (NCL) within 10 working days to the facility
owner/operator. A warning letter shall be issued by the local program if
requested by the District Task Manager.
2) After the NCL is issued, the local program will refer the violation to the
DEP district office within 5 working days.
3) Upon referral of a violation to DEP, the local program shall attach all
appropriate case documents as specified by the District Task Manager.
Page 4843 of 9661
DEP Contract No. GC9 , Guidance Document F, Page 2 of 2
SIGNIFICANT NON –COMPLANCE - B VIOLATIONS:
The following “Level of Effort” is required on SNC –B violations at the local
program level.
1) Upon discovery of a SNC - B violation, the local program shall issue a
Non-Compliance Letter (NCL) within 10 working days to the facility
owner/operator. A warning letter shall be issued by the local program if
requested by the District Task Manager.
2) The owner/operator is given 90 days to resolve the violation at the local
program level. If after 90 days the violation remains unresolved, the local
program shall refer the violation to the DEP district office. The 90 day
clock begins upon issuance of the NCL.
3) If the violation is in the process of resolution, and is being accomplished
in a manner that is acceptable to both the local program and DEP, then the
DEP may waive the 90-day referral. The local program may continue the
resolution process with DEP oversight.
4) Upon referral of a violation to DEP, the local program shall attach all
appropriate case documents as specified by the District Task Manager.
MINOR VIOLATIONS:
The following “Level of Effort” is required to resolve minor violations at the local
program level.
Upon discovery of a minor violation the local program shall issue a Non-
Compliance Letter (NCL) within 10 working days to the facility
owner/operator.
The owner/operator has days to resolve minor violations at the local
program level. The clock begins upon date of inspection. If after days
the violation remains unresolved, the local program shall contact the
District Task Manager to discuss.
Once the local program and district decide on the appropriate course of
action needed, the local program will have met its level of effort
requirement.
Page 4844 of 9661
DEP Contract No. GC9 Guidance Document G, Page 1 of 1
GUIDANCE DOCUMENT G
Guidelines for Case Referrals
In accordance with the Level of Effort Guidance (Guidance Document F), theCRQWUDFWRU
shall refer facilities to the Department if the facilities don’t timely return tocompliance
through efforts by the CRQWUDFWRU.
The CRQWUDFWRU shall refer facilities as necessary to the Department through the
Enforcement Referral Activities tab within the Enforcement Project in FIRST
In addition, the CRQWUDFWRU shall prepare a memorandum to the 'HSDUWPHQW Task
Managerstating that the CRQWUDFWRU is referring the case for enforcement. The
memorandumshould be inserted as an attachment within the Enforcement Referral
Activity in FIRST.
The memorandum should include the following:
DThe facility name and 'HSDUWPHQW Facility ID Number, and a short summary of the
openviolations. It should also name the staff that will available for questions,
meetings,depositions, hearings, and other enforcement related activities.
EA chronology of events leading to the referral. The chronology should describe any
attempts to resolve the non-compliance issues, including telephone logs and other
pertinent correspondence between the County and the Responsible Parties.
FNames, telephone numbers, e-mail address if known, and addresses of the RPs,
links to the county property appraiser’s office websites, the clerk of the courts office
websites, and corporate records website are:
County appraisers: http://www.state/fl.us/dor/property/apprasiers.htlm
Clerk of the courts: http://www.flclercks.com
Corporate records: http://www.sunbiz.org/
These links are helpful in determining ownership interests.
GCopies of all letters or emails that have been sent to or received from the RPs, and
that are not available in FIRST. Please note that prior to referring a facility, all
potential RPs must have been contacted directly when the issues identified in the
initial Compliance Assistance letter have not been timely resolved.
HCopies of photographs of the violations where appropriate and that are not available
in FIRST.
Page 4845 of 9661
GUIDANCE DOCUMENT H
Date
Value Quantity
510.40$
TOTAL
Signature Date
-$
190.11$
Enforcement
Non-Compliance
190.11$
380.23$
190.11$
190.11$
190.11$
209.12$
570.34$
190.11$
UST System Install
UST Piping Install
Component Install
UST System Closure
UST Piping Closure
Component Closure
AST System Install
AST Piping Install
1,140.68$
380.23$
190.11$
836.50$
418.25$
AST Piping Closure
AST System Closure
Complaint
Discharge
Inspection Type
Routine
List of Facilities (FAC. ID only)
Attach FIRST spreadsheet
CONTRACTUAL SERVICES INVOICE
Payment Calculations
Invoice No.Contract No.Task No.Invoice Period
Page 1 of 1
Page 4846 of 9661
State of Florida DEP 923
Department of Environmental Protection Effective: February 14, 2013
Administrative Directive Approved by the Secretary
SETTLEMENT GUIDELINES FOR CIVIL AND ADMINISTRATIVE PENALTIES
1. Purpose
These guidelines are provided solely for the use of Department staff in
determining what position the agency should take in settlement negotiations
concerning civil and administrative penalties. They are intended to provide a
rational, fair and consistent method for determining whether the Department
should seek a civil penalty in an enforcement action and the appropriate amount
of civil and administrative penalties the Department should seek from responsible
parties in settling enforcement actions when imposition of a civil penalty is
appropriate. These guidelines are not a rule and may not be cited as legal
authority for any agency action. These guidelines are not applicable for assessing
damages to natural resources. In an appropriate case, monetary relief for actual
damages caused to the State's natural resources can be sought in addition to
civil or administrative penalties. These guidelines will be periodically reviewed to
determine their effectiveness, and whether refinements are needed.
2. Authority
With the enactment of the Environmental Litigation Reform Act (ELRA), the
Department has administrative penalty authority for most regulatory programs.
The Department now has the authority to impose up to a total of $10,000 in civil
penalties in one administrative action for most regulatory violations as provided
in ELRA. This authority is codified at Section 403.121, Florida Statutes.
Independent of ELRA, the Department has statutory authority to assess
administrative penalties in Beaches and Coastal Systems cases for up to $10,000
per day, Section 161.054(1), Florida Statutes, and in State Lands cases for up to
$10,000 per day, Section 253.04(2), Florida Statutes. ELRA does not modify or
add to that existing authority. Penalty guidelines for these programs have been
adopted by rule.
The Department also has the authority in a judicial proceeding to ask a court to
assess penalties of up to $10,000 per day per violation, Sections 403.141,
376.302, and 373.129(5) Florida Statutes; up to $25,000 per day per violation
for hazardous substance violations, Section 403.726, Florida Statutes; up to
$50,000 per day per violation for hazardous waste violations, Section 403.727,
Florida Statutes; up to $5,000 per day per violation for violations of the Safe
*8,'$1&('2&80(17,
Page 4847 of 9661
DEP 923
February 14, 2013
Page 2 of 23
Drinking Water Act, Section 403.860, Florida Statutes; and up to $5,000 per day
per violation for violations involving phosphate mines in Section 378.211(2),(4),
Florida Statutes.
3. Introduction
This Department is directed by the Legislature to protect and enhance Florida’s
water, air, and lands, to protect human health, safety and welfare from adverse
environmental conditions, and to manage the state’s natural resources. To
accomplish these goals, the Legislature has passed laws restricting or prohibiting
activities that may cause pollution, harm the resources of the state, or threaten
human health or safety. It has also given the Department the authority to adopt
environmental standards, to require that persons engaging in certain activities
obtain permits or other authorizations before those activities are undertaken, and
to take appropriate actions to ensure that all persons comply with the statutory,
rule, and permit requirements.
The Department has multiple ways to encourage compliance with the law, and to
address non-compliance. Effective education of the public and regulated persons
may prevent non-compliance from occurring in many instances. Such education
may be in the form of training or outreach efforts. If a violation occurs, the
Department may often obtain a return to compliance by informal means. In such
cases, education may still be the appropriate remedy, and the Department may
establish an environmental education course for such persons. Assisting with a
prompt return to compliance without formal enforcement is the preferred means
to correct a violation committed by a person who did not know that the person’s
actions were contrary to law, or whose actions were inadvertent , if the violation
caused no more than “minor harm” as identified in the Program’s Penalty
Guidelines. An inadvertent violation is one that occurs despite the good faith
efforts of the responsible party to comply with the applicable requirements.
Once a decision has been made that formal enforcement is appropriate,
Department staff must then decide whether a civil penalty is appropriate. Even
when formal enforcement is necessary, these guidelines do not require
imposition of a civil penalty in every enforcement action. The Department staff
involved in pursuing enforcement, with appropriate supervisory review, should
use their sound judgment, along with any program specific guidance that is
consistent with this policy, to decide when a penalty should be sought. In
exercising this judgment, the user should remember that the imposition of
penalties is an enforcement tool that is intended to insure immediate and
continued compliance by the subject of the action and by others who may face a
similar situation in the future. Thus, penalties should be considered in those
cases in which it is determined that penalties are needed to ensure that the
Page 4848 of 9661
DEP 923
February 14, 2013
Page 3 of 23
responsible party and others similarly situated will be deterred from future non-
compliance.
For example, a person – perhaps a homeowner or a person new to a business
venture--may have committed a violation out of sheer ignorance. The person
may acknowledge the mistake and be willing to correct any problems created by
the violation. For this first time violator, the staff may reasonably believe that the
violation was inadvertent or occurred because the responsible party was not
aware of or did not understand the requirement, and that a civil penalty would
not provide a deterrent effect under the circumstances. In general, such cases
may be appropriate for education. However, because of the nature of the
corrective actions, the Department staff may decide that a consent order would
be most appropriate to ensure that the corrective actions are completed or to
provide needed authorization to conduct the corrective actions. In such cases,
the staff should ensure that impacts on the environment are corrected, while
also minimizing the impact of the consent order on the responsible party. Under
these circumstances, devices such as conservation easements, institutional
controls, etc., should only be required if necessary to achieve the restoration
goal. On the other hand, a penalty may be entirely appropriate for a first time
violator who knew or had reason to know that the actions were illegal, who
refuses to correct the problem that the person created by those illegal actions, or
whose violation resulted in harm to the public health or the environment. A
penalty should normally be sought against a person with a pattern of non-
compliance.
Once you have made a determination that a civil penalty is appropriate, these
guidelines should be used in settling both administrative and judicial enforcement
actions brought against the persons violating Department statutes or rules.
Although ELRA, enacted in the 2001 legislative session, sets specific penalty
amounts for certain violations covered under the Act when those violations are
pursued with a Notice of Violation, these guidelines provide: (1) direction about
the application of the ELRA penalty schedule to the penalty calculation and
negotiation process, (2) direction for programs not covered under ELRA, and (3)
direction on cases that involve penalties calculated under ELRA that exceed
$10,000.
When formal enforcement is necessary, staff should attempt to negotiate a
consent order to resolve all issues, including civil penalties, whenever possible
and appropriate, before issuing a notice of violation or filing a judicial complaint.
No such notice of violation or complaint should refer to these guidelines. If a
settlement cannot be reached and recovering penalties is appropriate, the
Department must issue a notice of violation in all cases that are covered under
Page 4849 of 9661
DEP 923
February 14, 2013
Page 4 of 23
ELRA that involve only penalties, and that involve penalties in an amount that is
$10,000 or less as calculated under ELRA.
In determining whether the Department should settle a case, file a notice of
violation, or go to court for a judicial assessment of penalties, the Department
will not only look at the statutory authorizations and requirements, but also at
the following: does formal enforcement result in the elimination of any economic
benefit gained by the violator as a result of the violation; and beyond that, does
formal enforcement provide enough of a financial disincentive to discourage
future violations not only by the violator but by others contemplating similar
activities? At the same time, this policy should not be used to try to obtain more
without litigation than could be obtained as civil penalties in an administrative or
a judicial action. It must also be recognized that in some cases the benefits to
the Department and public are not worth the costs and effort necessary to
recover a penalty. In carrying out the mission of the agency, the District and
Division Directors are authorized to deviate from these guidelines consistent with
state law. However, penalties which are increased for the reasons cited below
are subject to Secretarial approval.
4. Applicability to Program Areas
This policy is designed to apply to all program areas except those overseen by
the Board of Trustees, unless otherwise preempted by an interagency agreement
or other obligation of the Department. The Department currently has guidance
and interagency agreements with the EPA, which are updated from time-to-time.
Although such guidance and agreements represent a basis for establishing
consistency, they are to not be used as mandates, but rather guidelines, applied
on a case-by-case basis.
Most of the Department's programs have developed program specific guidelines
for characterizing violations routinely found in their program areas. The program
specific guidelines do not provide guidelines for every possible violation that may
be discovered. The program specific guidelines are intended to be used in
conjunction with these Settlement Guidelines when calculating the appropriate
penalties to be sought in cases involving penalties exceeding $10,000 or in cases
involving programs not covered under ELRA. There may be some cases that
involve unusual circumstances that have not been factored into the program
specific guidelines. The program area should be consulted in these cases so as to
enhance state-wide consistency.
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5. Penalty Calculation
The initial step in calculating any penalty is to determine whether the program
under which the penalty is being assessed is covered by ELRA, and whether the
penalty using ELRA exceeds $10,000. The RCRA, UIC, Asbestos, and Beaches
and Coastal Systems programs are not specifically covered by ELRA.
A. If the program is not covered by ELRA:
The penalty should be calculated using: (a) the program specific guidelines to
determine how the violation should be characterized; and (b) the guidance below
in Sections 6, 7, and 8 to determine the total penalty amount.
B. If the program is covered by ELRA and the penalty does not
exceed $10,000:
1. The civil penalty calculation should start with the application of the
specific penalty schedule in ELRA. If the total amount of penalties calculated for
all violations using the ELRA penalty schedule is $10,000 or less, those
calculations should be used as a basis for settlement discussions.
2. Once the baseline penalty has been established, a decision must be
made as to whether there are any mitigating circumstances involved in the
particular case that would warrant downward or upward adjustments of the
baseline penalty.
3. Downward adjustments could be made for good faith efforts to
comply before or after the discovery of the violation, or for violations caused by
circumstances beyond the control of the responsible party which could not have
been prevented by due diligence. A downward adjustment could also be made if
it is determined, after review of the responsible party’s financial information, that
the responsible party is unable to pay the baseline penalty.
4. Upward adjustments to the baseline penalty could be made based
upon a history of non-compliance as provided in ELRA or for economic benefit
gained from the violation. If the upward adjustments together with the ELRA
schedule baseline penalty exceeds a total of $10,000, the penalty must be
capped at $10,000, if the Department is going to pursue the penalty under ELRA.
C. If the calculated penalty using the specific penalty schedule in ELRA
exceeds $10,000:
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The penalty should be calculated using: (a) the program specific guidelines to
determine how the violation should be characterized; and (b) the guidance below
in Sections 6, 7, and 8 to determine the total penalty amount unless a decision is
made by the District Director to cap the recovery of penalties at $10,000 for the
particular case. There may be cases in which the calculated penalty marginally
exceeds $10,000 and would not warrant a state court action, if not settled.
As a practical matter, those cases should either be settled at $10,000 or pursued
administratively for the maximum allowed under the ELRA. In all cases where a
proposed penalty is to exceed $10,000, a peer review by the Division should be
conducted and the proposed penalty must gain Deputy Secretary approval.
Proposed penalties established at a value of $50,000 or more must gain approval
by the Secretary.
6. Penalty Matrix
The penalty matrix in Attachments I, II, III, and IV have two factors:
a. actual (or in some cases potential) environmental harm; and
b. extent of deviation from a statutory or regulatory requirement.
Subsection a. addresses the actual or potential harm to human health or the
environment that may occur as a result of the violation. Generally, penalties that
are assessed predominantly for potential harm (where little or no actual harm is
done, nor willful intent to violate existed) should not exceed $10,000. There are
three levels of harm within this axis of the matrix:
1. MAJOR: violations that actually result in pollution in a manner that
represents a substantial threat to human health or the environment;
2. MODERATE: violations that actually or are reasonably expected to result in
pollution in a manner that represents a significant threat to human health
or the environment;
3. MINOR: violations that actually or are reasonably expected to result in a
minimal threat to human health or the environment.
An example of a major violation is a discharge or emission of a pollutant
to the air or a water body in a manner which exceeds air or water quality
standards by an order of magnitude amount and over a substantial period
of time, or where the environment is measurably and substantially
affected by the discharge or emission.
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Subsection b. addresses the degree to which the violation deviates from
Department statutes and rules and thereby upsets the orderly and
consistent application of the law. The three levels are classified as
follows:
1. MAJOR: the violator deviates from the requirements of the law by
a significant extent (e.g. an order of magnitude or more) or the
violation was willful and intentional.
2. MODERATE: the violator deviates from the legal requirements of
the law significantly but for a short period of time and/or most of
the requirements are implemented as intended.
3. MINOR: the violator deviates somewhat from the requirements of
the law but most of the requirements are met.
Each box in the penalty matrices contains a range of penalty amounts. If it is
determined that the violations were knowing, deliberate or chronic violations,
penalties should be calculated by using the top of the applicable ranges.
7. Multiple and Multi-Day Penalties
Violations usually occur in multiples, over extended periods of time. While the
policy must be designed to encourage a prompt return to compliance, assessing
the full matrix penalty amount for each day of a violation for those cases outside
the scope of ELRA could result in an astronomical amount being sought. On the
other hand, such a calculation might be useful in setting outside limits if a large
economic benefit has been received from the violation. In order to recognize
ongoing and multiple violations without unrealistic results, the following applies:
Other than cases where willful or intentional violations have occurred, multiple
penalties should not be calculated where a single activity, cause or omission
resulted in the exceedances. For example, an accidental water or air release
could result in several constituent violations, yet penalties should not be
calculated for each individual constituent.
Multi-day penalties may be pursued where daily advantage is being gained by
the violator for an ongoing violation; or, where the violation is causing daily
adverse impacts to the environment and the violator knew or should have
known of the violation after the first day it occurred and either failed to take
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action to mitigate or eliminate the violation or took action that resulted in the
violation continuing. On the other hand, deference should be given to those rare
cases involving regulated entities, whereby the sole alternative to a violation
would result in the loss of essential services (e.g. water or electricity) to Florida
citizens. Multi-day penalties should be computed by multiplying the appropriate
daily penalty calculated or a part thereof by the number of days of
noncompliance. Where the impact of the ongoing violation is not significantly
detrimental to the environment, a penalty amount that is lower than the matrix
amount should be calculated for the violations that occur after the first day. For
violations that are significantly detrimental to the environment, a penalty amount
at the matrix amount should be calculated for the violations that occur after the
first day, up to 30 days of non-compliance. For violations that occur for more
than 30 days, judgment should be exercised to determine the appropriate
penalty amount to be sought for each additional day of non-compliance that
occurs over 30 days. For multi-day hazardous waste violations, staff should
consider the guidance provided in EPA’s most current RCRA Civil Penalty Policy.
Multi-day penalties are also useful when a facility agrees to come into
compliance by a specific date. In that case stipulated daily penalties could be
required for missing the agreed upon compliance date. Or the overall penalty
could be lowered based upon the number of days the violator comes into
compliance prior to the compliance date.
An alternative to multiplying the total daily penalty by the number of days of
noncompliance for non-ELRA cases that are not significantly detrimental to the
environment would be to use one or more of the adjustment factor amounts
chosen multiplied by the number of days the adjustment factor is appropriate.
For example, assume a total one day penalty of $8,000 was arrived at by adding
$6,000 derived from the matrix, $1,000 for lack of good faith before the
Department discovered the violation, and $1,000 for lack of good faith after the
Department informed the responsible party of the violation, but you feel the
penalty is too low considering the nature of the violation. A multi-day penalty
could be calculated, for example, by adding to the total one day penalty ($6,000)
a multiple of $1,000 times the number of days the violation occurred prior to
being discovered by the Department and the violator acted with lack of good
faith, and/or by multiplying $1,000 times the number of days the violation
occurred after the Department informed the responsible party of the violation
and the violator acted with lack of good faith.
If the above described example involved a violation that took place over a twenty
day period with the violator acting with lack of good faith for five days prior to
the Department discovering the violation, and the violator acting with lack of
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good faith for ten days after being informed of the violation by the Department,
the total penalty could be calculated as follows:
a. One day penalty - $6,000 (without adjustments), plus
b. A multi-day penalty using the adjustment factor amount for
lack of good faith prior to the Department discovering the
violation times the number of days lack of good faith was
demonstrated by the violator - $1,000 x 5 = $5,000, plus
c. A multi-day penalty using the adjustment factor amount for
lack of good faith after the violator was informed of the
violation by the Department times the number of days lack of
good faith was demonstrated by the violator - $1,000 x 10 -
$10,000.
d. Total penalty proposed for settlement: $6,000 + $5,000 +
$10,000 = $21,000.
It is important in using daily penalties of this type that the amount be sufficient
to discourage the violator from continuing a violation by making it more
expensive to pay the daily penalty than to come into compliance. Also, if the
case is within the scope of ELRA, multi-day penalties should be pursued
consistent with ELRA.
8. Adjustment Factors
The attached Penalty Computation Worksheet sets out the steps you should
follow in calculating a penalty based upon the matrix and adjustment factors.
After you have calculated the penalty amount derived from the matrix, you
should consider the adjustment factors and determine whether any or all of them
should be used. When applying adjustment factors, a penalty can be reduced to
zero or increased up to the statutory maximum per day allowed for the particular
violation.
Good Faith Efforts to Comply/Lack of Good Faith Prior to Discovery of
the Violation by the Department:This adjustment factor can be used to
increase or decrease the amount of penalties derived from the penalty matrix.
This adjustment factor allows you to consider what efforts the responsible party
made prior to the Department's discovering a violation to comply with applicable
regulations. Some examples of lack of good faith are:
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a. The responsible party knew it was not complying with the Department's
regulations.
b. The responsible party claims it did not know it was not complying with the
Department's regulations, but because of the nature of the responsible
party's business and the length of time the business was operating, it is
reasonable to assume that the responsible party should have known about
the Department's regulations.
c. The violation was caused by an uninformed employee or agent of the
responsible party, and the responsible party knew or should have known
about the Department's regulations and made no or little effort to train,
educate or inform its employees or agents.
Some examples of good faith efforts to comply are:
a. The violation was caused by the responsible party’s employees or agents
despite the responsible party’s reasonable efforts to train, educate or
inform its employees or agents.
b. The violation was caused by the responsible party as a result of a
legitimate\misinterpretation of the Department's regulations.
c. The violation occurred after a Department regulation was changed and
compliance was required, but the responsible party had been making
reasonable efforts to bring its operation into compliance with the new
Department regulation.
d. The responsible party took action on its own to mitigate the violation once
it discovered that a violation had occurred.
e. Once the responsible party discovered the violation, it made changes to its
operation on its own to prevent future violations from occurring.
f. The responsible party has demonstrated that it is implementing an
acceptable pollution prevention plan.
g. The responsible party has demonstrated that it is operating in accordance
with a DEP Ecosystem Management Agreement.
Good Faith Efforts to Comply/Lack of Good Faith after the Department
Informed the Responsible Party of the Violation:This adjustment factor
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can be used to increase or decrease the amount of penalties derived from the
penalty matrix. Some examples of good faith efforts to comply are:
a) Once the responsible party was notified of the violation by the
Department, it took immediate action to stop the violation and mitigate
any effects of the violation.
b) Once the responsible party was notified of the violation by the
Department, it cooperated with the Department in reaching a quick and
effective agreement for addressing the violation.
Some examples of lack of good faith efforts to comply are:
a. The responsible party took affirmative action that was in violation of the
Department's regulation after being notified by the Department that such
action constituted a violation of the Department's regulation.
b. The responsible party failed to take action to stop an ongoing violation or
to mitigate the effects of a violation after being notified by the
Department that it was in violation of a Department regulation.
c. The responsible party ignores the Department’s requests to negotiate a
settlement.
History of Non-Compliance:This adjustment factor can be used to increase
the amount of penalties derived from the penalty matrix or ELRA schedule. This
adjustment factor may be used if a violation has occurred within a five year
period previous to the occurrence of the current violation and a consent order,
final order, judgment, judicial complaint or notice of violation was issued for the
violation; the previous violations involved any of the programs regulated by the
Department; and the previous violations involved a penalty obtained or being
pursued where at least one of the violations was deemed as major for either the
“environmental harm” or “extent of deviation from requirement” categories and
was in the amount of $2,000 or more. For ELRA cases, the history of non-
compliance prior to June of 2001 cannot be considered.
Economic Benefit of Non-Compliance (requires Deputy Secretary
approval):Economic benefits can be both passive, such as avoided costs
gained from inaction, where the benefits come from the money saved from
avoiding or delaying costs of compliance; and active, such as increased profits or
revenue gained from actions taken in violation of Department statutes or rules
where the benefits would not have been gained, if the facility had only been
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operated in compliance. In certain situations a responsible party could both
actively and passively gain economic benefit from violating Department statutes
or rules. Other than in ELRA cases, the statute does not specifically authorize
the recovery of economic benefits gained by the violator.
Passive economic benefits usually consist of the money that was made or that
could have been made by an alternate use of the money that should have been
expended to bring the facility into compliance. Assuming the responsible party
will be forced to spend money to come into compliance as a result of the
enforcement action, the minimum economic benefit associated with avoiding or
delaying costs can be determined by calculating the amount of interest that was
or could have been earned on the amount of money that should have been spent
to bring the facility into compliance. The amount of this form of economic
benefit will depend upon the amount of money that should have been spent, the
period of time the costs were avoided or delayed, and the prevailing interest
rate. A common example of economic benefits gained from avoiding or delaying
costs is the situation in which an owner or operator of a regulated source of
pollution fails to purchase a pollution control device needed to operate the facility
in compliance with pollution control laws.
Active economic benefits usually consist of any increase in profits, revenue
gained or reduction in costs that are directly attributable to the activity
conducted in violation of Department statutes or rules. Increased profits and/or
a reduction of costs, for example, can occur when a facility that is required to
operate with a pollution control device is operated without the use of the
pollution control device in order to increase the production or reduce the costs of
production. Increased profits can also be gained when action is taken such as
constructing and operating a facility without obtaining the required permits in
order to make money from the operation of the facility sooner than would have
been allowed. A possible example could involve a situation in which the
developer of a shopping center conducts dredging and filling activities, constructs
a stormwater facility or runs water and sewer lines without waiting to obtain
permits so that the construction of the shopping center can meet a deadline for
opening.
In addition to adjusting ELRA penalties by considering economic benefit, in non-
ELRA cases the economic benefit adjustment factor can be used to increase the
amount of penalties derived from the penalty matrix. There may be cases that
arise in which the economic benefit gained by the violator exceeds the amount of
money that can be recovered in civil penalties authorized by law. For example,
three days of circumvention of a pollution control device could result in increased
profits, revenue gained and/or a reduction in costs amounting to more than
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$30,000, the statutory amount that would be allowed for three days of violations
for which a $10,000 penalty be day can be imposed. Other than in ELRA cases,
the statute does not specifically authorize the recovery of economic benefits
gained by the violator. The statute does allow for penalties to be imposed in an
amount that ensures immediate and continued compliance, and unless the
economic benefit from the violation is taken away by the penalties, the penalties
will not ensure immediate and continued compliance. Therefore, economic
benefits that are not de minimis may be included in all penalty calculations up to
the amount allowed by the applicable statutory per day penalty cap. For
example, if a violation occurs for 10 days and the statute allows for the
imposition of a penalty up to $10,000 per day, and the matrix penalty calculated
for the violations is $60,000, the amount of economic benefit gained by the
violator maybe added to the matrix penalty up to the statutory maximum penalty
of $100,000. Continuing with the example, if the matrix penalty calculated for
the violations is $60,000, and the economic benefit to the violator from the
violations is $30,000, the penalty sought may be as high as $90,000. If the
matrix penalty calculated for the violations is $60,000 and the economic benefit
to the violator from the violations is $50,000, the Department would be limited to
pursuing a penalty of $100,000. Staff should consider capturing the economic
benefit gained by one or more violations by using the statutory penalty cap for
the total of all violations.
For non-ELRA cases, the statute provides that a penalty may be calculated in an
amount sufficient to ensure future compliance. Since one factor to ensure future
compliance is to eliminate the economic benefits of non-compliance, the
approach described for ELRA cases may be applied to the calculation of non-
ELRA civil penalties where appropriate.
In some cases it may be very difficult to determine the economic benefits of
non-compliance, or the amount of the benefits may be insignificant. For any
significant economic benefits the District staff should request that OGC assist in
the development of an appropriate amount by use of EPA's computer model for
calculating economic benefits (BEN) or by use of some other accepted economic
method. The request should be directed to OGC or the appropriate department
financial analyst.
Ability to Pay:This adjustment factor may be used to decrease or increase the
amount of penalties derived from the penalty matrix. This adjustment factor
may be used to decrease the amount of penalties derived from the ELRA
schedule. The violator has the burden of providing to the Department all of the
financial information needed to determine ability to pay. If sufficient information
is not provided by the violator, an ability to pay adjustment decreasing the
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penalty may not be considered. Like economic benefits, ability to pay may be a
difficult matter to determine by the District staff. If the District staff needs
assistance in determining ability to pay, a request should be made by the District
staff to OGC to assist in the ability to pay determination by use of EPA's
computer model for determining ability to pay (ABEL) or by use of some other
accepted financial method.
Other Unique Factors:This adjustment factor can be used to increase or
decrease the amount of penalties derived from the penalty matrix, or to decrease
the amount of penalties to be pursued in an ELRA case, but may not be used to
increase the amount of penalties that can be pursued in an ELRA case. This
adjustment factor is intended to provide the District with flexibility to make
adjustments in a particular case based upon unique circumstances that do not
clearly fit within the other adjustment factors. When it is used, the unique
circumstances justifying its use must be specifically explained on the penalty
worksheet, and a peer review by the Division should be conducted.
9. In-Kind Penalties
Once the settlement amount has been established, staff should make the violator
aware of the opportunity to propose, and should consider if proposed, an in-kind
penalty project by the violator as a way of reducing the total cash amount owed
the Department. The in-kind penalty project is not designed to give the violator
credit for the cost of corrective actions that he would be required to undertake
anyway, but only to offset all or some portion of the cash settlement in a
mutually satisfactory manner. So long as the financial impact upon the violator
is equivalent to that established pursuant to these settlement guidelines, the
Department is encouraged to work cooperatively to find alternative ways that the
violator may pay the penalty.
In-kind penalties should only be considered in the following circumstances:
a) If the responsible party is a government entity, such as a federal agency,
state agency, county, city, university, or school board, including a port or
airport, or
b) If the responsible party is a private party proposing an environmental
restoration or enhancement project, or
c) If the responsible party is a private party proposing an in-kind project that
does not involve environmental restoration or enhancement for a
calculated penalty of $10,000 or more.
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In-kind penalties are limited to the following specific options:
a. Material and/or Labor Support for Environmental Enhancement or
Restoration Projects. Preference should be given to proposals that involve
participation in existing or proposed government sponsored environmental
enhancement or restoration projects such as SWIM projects. The
responsible party shall be required to place appropriate signs at the
project site during the implementation of the project indicating that the
responsible party's involvement with the project is the result of a
Department enforcement action. Once the project has been completed as
required by the Consent Order, the sign may be taken down. However,
the responsible party should not be allowed to post a sign at the site after
the project has been completed indicating that the reason for the project
being completed was anything other than a DEP enforcement action. For
most environmental enhancement or restoration projects conducted on
private property, the responsible party should provide a conservation
easement to the Department for the land on which the restoration project
took place. For an environmental enhancement or restoration project on
public land, the responsible party may need to provide a conservation
easement to the Department for private land adjoining the environmental
enhancement or restoration project if it is required to protect the
completed restoration project.
b. Environmental Information/Education Projects. Any information or
education project proposed must demonstrate how the information or
education project will directly enhance the Department’s pollution control
activities. An example of an acceptable information or education project
is one that involves training, workshops, brochures, PSAs, or handbooks
on what small quantity generators of hazardous waste need to do to
comply with RCRA. The information or education projects must not
include recognition of the development of the projects by the responsible
parties.
c. Capital or Facility Improvements. Any capital or facility improvement
project proposed must demonstrate how the capital or facility
improvement project will directly enhance the Department’s pollution
control activities. An example of an acceptable capital or facility
improvement project is one that involves the construction of a sewer line
to hook up a failing package plant, owned and operated by an insolvent
third party, to a regional sewage treatment plant. An example of an
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unacceptable capital or facility improvement project is one that involves
the planting of upland trees and shrubs.
d. Property. A responsible party may propose to donate environmentally
sensitive land to the Department as an in-kind penalty. Any proposals
concerning the donation of land to the Department as an in-kind penalty
must receive prior approval from the Department’s Division of State
Lands. The DEP may require proposals concerning the donation of land to
another government entity or non-profit organization to include a
conservation easement involving the donated property.
If an in-kind penalty is used in lieu of a cash penalty, the value of the
in-kind penalty should be 1 and 1/2 times the amount of the penalty if
paid in cash. Department staff should not be involved in choosing vendors
or agents used by the responsible party in implementing an in-kind
project. No in-kind penalty project should include the purchase or lease of
any equipment for the Department.
10. Pollution Prevention Projects
Whenever practicable, enforcement staff should affirmatively consider and
discuss with responsible parties the option of offsetting civil penalties with
pollution prevention projects. Responsible parties should be provided materials
on the definition of a pollution prevention project, the nature of preferred
pollution prevention projects, a description of the information that would need to
be submitted by the responsible party to the Department for a pollution
prevention project to be approved, and a description and sample of a pollution
prevention plan that would be attached as an exhibit to a consent order or
settlement agreement.
Pollution Prevention Project in the context of enforcement is defined as a process
improvement that can be classified in one of the following three categories:
a. Source Reduction - Source reduction involves eliminating the source of
pollution. It is accomplished when chemicals or processes that produce
pollution are eliminated or replaced with chemicals or processes that
cause less pollution. The ideal source reduction project is to produce
goods with no pollution. This has the most benefit for the environment,
and usually requires the greatest change in the production process.
Source reduction can be as sweeping as terminating the production of
products that cannot be manufactured without pollution, or it can be as
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mundane as eliminating an unneeded cleaning step. Other examples of
source reduction include:
(1) Replacing a vapor degreaser with a re-circulating, water based
cleaning process;
(2) Using darker wood to eliminate solvents in ordinary staining;
(3) Using UV cure paint to eliminate the solvents in ordinary paint;
(4) Using a painted or plastic surface instead of chrome plated surface
such as those found on lawnmower handles and the "Euro-look"
cars and bumpers;
(5) Eliminating the release of CFC by sending electronic parts for
sterilization to a plant that can use pure ethylene oxide instead of
the more common ethylene oxide/freon mix;
(6) Keeping supplies and stock out of the weather to eliminate cleaning
between processes;
(7) Having a vendor use a no-clean rust inhibitor on incoming parts;
and
(8) Using propylene carbonate instead of acetone to clean tools used in
fiberglass parts manufacturing.
b. Waste Minimization - Waste minimization involves the conservation of
materials that are the source of pollution. This is accomplished when
releases of chemicals to the environment are reduced. The ideal situation
is a no-loss process. Waste minimization can be as expensive as replacing
a regular vapor degreaser with one that has an airlock, or it can be as
simple as using large, refillable containers to reduce the amount of
material disposed of on the walls of emptied containers. Other examples
include:
(1) Using High Volume Low Pressure paint guns in place of High
Pressure Low Volume paint guns in a painting line to reduce paint
loss.
(2) Using electrostatics with painting to reduce paint loss.
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(3) Keeping containers of liquids covered and cool to minimize
evaporation.
(4) Using processes less likely to produce spills.
(5) Using rollers instead of sprayers to reduce evaporation loss from
atomization.
(6) Adjusting floating lid tanks to keep fixed volume tanks full, reducing
evaporation.
(7) Using counter current rinsing to reduce water use.
(8) Reducing dragout to minimize chemical depletion.
c. On-Site Recycling - On-site recycling involves the reuse of materials that
are the source of pollution. Process - chemicals are reused directly in the
process or are revived in some manner and reused in either their original
process or in some other operation within the facility. The ideal is total
reuse of materials. On-site recycling can be as complex as an ion
exchange system for the recovery of dissolved metals in a rinse water, or
it can be as simple as a batch solvent still for the recycling of a cleaner.
Other examples include:
(1) Using a cart that rolls up to a vehicle, filters oil or coolant and
returns the clean fluid to the vehicle;
(2) Using a solvent still to clean solvent for reuse;
(3) Filtering machining fluids for reuse;
(4) Installing a paint gun cleaner that filters and recirculates the
cleaning solvent;
(5) Using electrowinning to remove dissolved metals from plating rinse
water and allowing the water to be reused;
(6) Capturing solvent vapors from printing operations for their
distillation and reuse.
d. Pollution prevention does NOT include:
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(1) Off-site recycling such as sending used process water to be reused
at a golf course, sending used motor oil or coolant off-site for
reclamation or incineration, off-site solvent recovery, or
regeneration of ion exchange columns;
(2) Treatment such as: wastewater treatment to remove contaminants
prior to disposal, evaporation of a waste stream to remove water
from contaminants, sludge de-watering to reduce volume, air stack
scrubbers to remove gaseous contaminants or catalytic incinerators
to remove VOCs from air;
(3) Disposal such as: landfilling or incineration.
Before a pollution prevention project should be approved to offset
civil penalties, the responsible party must submit a waste audit
report to the Department. The responsible party should be given
the option of preparing the report on his or her own, by hiring a
consultant or by requesting the help of the Department's Pollution
Prevention Program staff. The waste audit report must include: 1)
a waste audit of the facility or of the process or processes that are
relevant to the proposed pollution prevention project; 2) a pollution
prevention opportunity penalty calculation; and 3) a conceptual
pollution prevention proposal.
The Department retains the option to approve or disapprove the
submitted conceptual proposal depending upon the environmental
merits of the proposal. The Divisions should provide programmatic
guidance to the enforcement staff concerning the nature of
preferred pollution prevention projects. Potential or actual
economic benefits gained by the responsible party should not be
used as a basis for denying an otherwise acceptable proposal for a
pollution prevention project.
Once a conceptual pollution prevention project has been approved,
the responsible party must prepare a pollution prevention project
plan that must, when applicable, include information on the
following: design, construction, installation, testing, training,
maintenance/operation, capital/equipment costs, monitoring,
reporting, and scheduling of activities.
No costs expended by a responsible party on a pollution prevention
project that are necessary to bring the facility into compliance with
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DEP 923
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current law should be used to offset civil penalties. The following
costs associated with pollution prevention projects can be used to
offset up to 100% of civil penalties on a dollar for dollar basis:
a. Preparation of a pollution prevention plan.
b. Design of a pollution prevention project.
c. Installation of a pollution prevention project.
d. Construction of a pollution prevention project.
e. Testing of a pollution prevention project.
f. Training of staff concerning the implementation of a pollution prevention
project.
g. Capital/equipment needed for a pollution prevention project.
The following costs should not be used to offset a civil penalty:
a. Cost incurred in conducting a waste audit and preparing a waste audit
report (includes waste audit, opportunity assessment and conceptual
proposal).
b. Maintenance and operation costs involved in implementing a pollution
prevention project.
c. Monitoring and reporting costs.
A responsible party should not be given the opportunity to bank or transfer
pollution prevention credits to offset future civil penalties.
Whenever possible, approval of specific pollution prevention projects should be
obtained prior to entering into a consent order or settlement agreement. District
Directors or Division Directors are authorized to approve pollution prevention
proposals. If the specifics of a pollution prevention plan cannot be worked out in
time to meet EPA timelines for taking formal enforcement action, the responsible
party can be given the option of paying the civil penalty in cash or having a
pollution prevention project reviewed and approved by a time certain to be
identified in a consent order or settlement agreement.
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DEP 923
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For all approved pollution prevention projects, the responsible party must
maintain/operate the pollution prevention project for a time certain after initial
implementation, and must be required to submit at least one report discussing
the status of implementation and the pollution prevention results of the project.
11. Review by the Office of General Counsel
In addition to any unique case identified by a Division or District Director, cases
which exceed certain threshold penalties should be reviewed for legal
defensibility by OGC. These three situations are:
a. The case involves a proposed penalty of $25,000 or more for non-RCRA
cases.
b. The case involves a proposed penalty of $50,000 or more for RCRA cases.
c. The case involves a proposed cash penalty of $10,000 or more to be
satisfied with an in-kind proposal that does not involve environmental
enhancement or restoration.
All above-described penalty proposals should be submitted to the Office of
General Counsel using the Department’s form penalty authorization memo and
routed to the Chief Deputy General Counsel for review to determine whether the
penalty proposals are consistent with this policy.
12. Procedure for Implementation
In order for these guidelines to be implemented properly, adequate record
keeping must be followed. The penalty determination matrices are attached.
Also attached is the penalty computation worksheet. This worksheet should be
used in all cases in which a penalty is calculated and proposed, and (following
applicable peer reviews) should be sent along with the draft Consent Order that
is to be reviewed by OGC for final approval. If the penalty being sought includes
an adjustment and/or a multi-day determination, fill out both Part I and Part II.
If the penalty amount calculated as the Total Penalties for all Violations in Part I
is reduced after meeting with the responsible party, a new penalty computation
worksheet or Part III of the penalty computation worksheet must be filled out. If
the penalty is being reduced based upon new information concerning the facts or
law relied upon to determine the number or character of the violations for which
penalties are being sought, a new penalty computation worksheet should be
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DEP 923
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Page 22 of 23
filled out reflecting the changes in the violations for which penalties are being
sought or the characterization of the violations. If the penalty is being reduced
for other reasons, Part III of the penalty computation worksheet must be filled
out and signed and dated by the Director of District Management.
A narrative explanation should also be prepared in all cases to be reviewed by
the Chief Deputy General Counsel to explain how the penalty proposal was
reached, and in all cases in which the program specific guidelines are not being
followed. This should be completed at the time the penalty is calculated and
forwarded with the penalty computation worksheet.
Responsible Office: Office of General Counsel
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DEP 923
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ATTACHMENTS:
Penalty Calculation Matrix (Potable Water Cases),
(ATTACHMENT I)
Penalty Calculation Matrix (Cases other than PW, HS
or HW)
(ATTACHMENT II)
Penalty Calculation Matrix (Hazardous Substance Cases)
(ATTACHMENT III)
Penalty Calculation Matrix (Hazardous Waste Cases)
(ATTACHMENT IV)
Penalty Computation Worksheet,
(ATTACHMENT V)
Page 4869 of 9661
ATTACHMENT I
PENALTY CALCULATION MATRIX*
(Potable Water Cases)
EXTENT OF DEVIATION FROM REQUIREMENT
___________________________________________________________________________
E MAJOR MODERATE MINOR
N ___________________________________________________________________________
V
I MAJOR $5,000 $4,999 $2,999
Rtoto to
O $ 4,000 $3,000 $2,300
N
M ___________________________________________________________________________
E
N MODERATE $2,299 $1,599 $999
Tto toto
A $1,600 $1,000 $600
L ___________________________________________________________________________
MINOR $999 $500
1)$5001)
Hto
A $500
R
M ___________________________________________________________________________
1) – Environmental Education may be an acceptable substitute
Page 4870 of 9661
ATTACHMENT II
PENALTY CALCULATION MATRIX
EXTENT OF DEVIATION FROM REQUIREMENT
(For Cases other than PW, HS, or HW)
__________________________________________________________________________
E MAJOR MODERATE MINOR
N ___________________________________________________________________________
V
I MAJOR $10,000 $7,999 $5,999
Rto toto
O $ 8,000 $6,000 $4,600
N
M ___________________________________________________________________________
E
N MODERATE $4,599 $3,199 $1,999
Tto toto
A $3,200 $2,000 $1,200
L ___________________________________________________________________________
MINOR $1,199 $500
1)$5001)
Hto
A $ 500
R
M ___________________________________________________________________________
1) – Environmental Education may be an acceptable substitute
Page 4871 of 9661
ATTACHMENT III
PENALTY CALCULATION MATRIX
EXTENT OF DEVIATION FROM REQUIREMENT
(Hazardous Substance Cases)
___________________________________________________________________________
E MAJOR MODERATE MINOR
N ___________________________________________________________________________
V
I MAJOR $25,000 $19,999 $14,999
Rto toto
O $ 20,000 $15,000 $11,000
N ___________________________________________________________________________
M
E MODERATE $10,999 $7,999 $4,999
Nto toto
T $ 8,000 $5,000 $3,000
A ___________________________________________________________________________
L
MINOR $2,999 $1,499 $500
3)
Hto to
A $1,500 $500
3)
R
M ___________________________________________________________________________
This matrix should be used whenever the following two conditions exist:
1) The violation creates an imminent hazard as defined in Section 403.726(3), Florida Statutes: “If any
hazardous substance creates an immediate and substantial danger to human health, safety, or welfare or
to the environment.”
2) The violation involves the release, discharge of a hazardous substance as defined in Section
403.703(29), Florida Statutes. Florida’s definition of a hazardous substance refers to the federal
definition of a hazardous substance under CERCLA. The CERCLA definition of a hazardous substance
includes a list of substances that can be found at 40 CFR 302.4. In addition to the list of hazardous
substances, hazardous substances can include any toxic pollutant listed under Section 307(a) of the
Clean Water Act, any substance designated pursuant to Section 311(b)(2)(A) of the Clean Water Act,
and any hazardous air pollutant listed under Section 112 of the Clean Air Act. The list of hazardous air
pollutants should only be used as a basis for pursuing hazardous substance penalties if the pollutants
have been released or discharged to the ground, surface water or ground water. All hazardous wastes
are hazardous substances. If the violation involves a hazardous waste, the hazardous waste matrix
should be used for that violation.
3) Environmental Education may be an acceptable substitute
Page 4872 of 9661
ATTACHMENT IV
PENALTY CALCULATION MATRIX
EXTENT OF DEVIATION FROM REQUIREMENT
(Hazardous Waste Cases)
___________________________________________________________________________
E MAJOR MODERATE MINOR
N ___________________________________________________________________________
V
I MAJOR $37,500 $28,330 $21,250
Rto toto
O $ 28,330 $21,250 $15,580
N ___________________________________________________________________________
M
E MODERATE $15,580 $11,330 $7,090
Nto toto
T $11,330 $7,090 $4,250
A ___________________________________________________________________________
L
MINOR $4,250 $2,130 $710
Hto to to
A $2,130 $710
1)$1501)
R
M ___________________________________________________________________________
Note: If the violation involving a hazardous waste results in human injury or death, or involves the deliberate
disposal to the ground, surface water or groundwater, the $50,000 per day statutory maximum penalty may be
pursued.
1) – Environmental Education may be an acceptable substitute
Page 4873 of 9661
ATTACHMENT V
PENALTY COMPUTATION WORKSHEET
Violator’s Name: ______________________________________________________________
Identify Violator’s Facility_______________________________________________________
Name of Department Staff Responsible for the Penalty Computations:
____________________________________________________________________________
Date: ________________________
PART I - Penalty Determinations
Violation
Type
ELRA
Schedule ENVIRON-
MENTAL
Harm
Extent
of Dev.
Matrix
Amount
Multi-
day
Adjust-
ments
Total
1
2
3
4
5
6
7
8
9
Total Penalties for all Violations:________________
Page 4874 of 9661
________________________________ ________________
Director of District Management Date
Division Director
Peer reviewed by Division: Yes ( ) No ( )
________________________________ ________________
Deputy Secretary (if required by these guidelines) Date
________________________________ ________________
DEP Secretary (if required by these guidelines) Date
Page 4875 of 9661
ATTACHMENT V
Part II - Multi-day Penalties and Adjustments
ADJUSTMENTS Dollar Amount
Good faith/Lack of good faith prior to discovery:_____________________________________
Justification:___________________________________________________________________
Good faith/Lack of good faith after discovery:________________________________________
Justification:___________________________________________________________________
History of Non-compliance:_______________________________________________________
Justification:___________________________________________________________________
Economic benefit of non-compliance:_______________________________________________
Justification:___________________________________________________________________
Ability to pay:__________________________________________________________________
Justification:___________________________________________________________________
Total Adjustments:______________________
MULTI-DAY PENALTIES Dollar Amount
Number of days adjustment factor(s) to be applied: ___________________
Justification: ___________________________________
______________________________________________
Or
Number of days matrix amount is to be multiplied: ___________________
Justification: ___________________________________
______________________________________________
Page 4876 of 9661
ATTACHMENT V
Part III - Other Adjustments Made After Meeting with the
Responsible Party
ADJUSTMENT Dollar Amount
Relative merits of the case: _______________
Resource considerations: _______________
Other justification:__________________________________________
_________________________________________________________
_________________________________________________________
_________________________________________________________
_________________________________________________________
_______________ __________________________________________
Date Director of District Management or Division
Director
Page 4877 of 9661