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Backup Documents 06/13/2017 Item #16C2
2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP c TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the Coun Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office SRT 06/20/17 4. BCC Office Board of County Dr 63 Commissioners $.'- /5l 1. a)-' 5. Minutes and Records Clerk of Court's Office 3: pm PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Phil Snyderburn Contact Information 239-252-5081 Contact/ Department Agenda Date Item was June 13,2017 / Agenda Item Number 16C2 Approved by the BCC V f Type of Document Florida Department of Environmental Protection Number of Original 1 �/ Attached (FDEP)Contract No.GC919 authorizing Collier Documents Attached County to administer FDEP's Storage Tank / System Compliance Verification Program PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. D4 (Initial) Appliclk 1. Does the document require the chairman's original signature ARICINAL� Q Q 6R-1"-- 2. Does the document need to be sent to another agency for additional signatures? If yes, SRT provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be SRT signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's SRT Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the SRT document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's SRT signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 06/13/2017 and all changes made during SRT the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. ***Please contact Phil Snyderburn at 252-5081 when document is ready. Y Ann P. Jennejohn From: SnyderburnPhil <PhilSnyderburn@colliergov.net> Sent: Thursday,June 22, 2017 9:52 AM To: Ann P.Jennejohn Subject: RE: FDEP Contract No. GC919 (Item #16C2 Board of County Commissioners 6-13-17 Meeting) Good Morning Ann, Send it to me please. I've already worked out with FDEP the details of getting it to them via email and I need to keep a copy in our files. I can come over and pick it up if you like; I'm on campus in the health building (H). Regards, gial# e9201iedtreep4rt Philip Snyderburn Principal Environmental Specialist Hazardous Materials Solid&Hazardous Waste Management Division Collier County Public Utilities Department 3339 Tamiami Trail East, Suite 302 Naples, FL 34112-5746 (239)207-0920-mobile (239)252-5081 -office (239)252-6580 -fax hPlease consider the environment before printing this e-mail. Have a wonderful day! 0 NFPA MEMBER 20152016 Collier County Tanks Program Infomercial From:Ann P.Jennejohn [mailto:Ann.Jennejohn@collierclerk.com] Sent:Thursday,June 22, 2017 9:36 AM To:SnyderburnPhil <PhilSnyderburn@colliergov.net> Subject: FDEP Contract No. GC919 (Item #16C2 Board of County Commissioners 6-13-17 Meeting) HI Phil, I'wt with the Board's Minutes avtd Records Department avid I have FDEP Contract No. GC91-9 re: the Storage Tavtk System Compliance Verification Program (Item #16C2 — 13CC 6-13-17) I see it needs further processing. I just need to know if you want wte to return the contract to you so you can send it to FDEP, or if you'd like me to send it to thews? I'd be happy to send it via FedEx. 1 I'll just vteed a FedEx account number. Please let wte kvtow your preferevtce. Thank you! Avtvt Jevtvtejohvt, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustment Board Collier County Board Minutes & Records Dept. 239-252-8406 Fax 239-252-8408 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 2 MEMORANDUM Date: June 22, 2017 To: Philip Snyderburn, Principal Environmental Specialist Solid & Hazardous Waste Management Division Collier County Public Utilities Department From: Ann Jennejohn, Deputy Clerk Minutes and Records Department Re: Florida Department of Environmental Protection (FDEP) Contract No. GC919, authorizing Collier County to administer FDEP's Storage Tank System Compliance Verification Program Attached for further processing is the original contract referenced above, approved by the Collier County Board of County Commissioners (Item #16C2) June 13, 2017. The Minutes and Records Department will keep and unsigned copy of the contract in the Official Records for the Board of County Commissioners. If you have any questions, please feel free to contact me at 252-8406. Thank you. Attachment 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 MFM P 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 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. DEP Contract No. GC919, Page 1 of 15 • (Approved Template 02/0212017) 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 fora 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. CI 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: DEP Contract No. GC919, Page 2 of 15 (Approved Template 02/02/2017) 0: Florida Department of Environmental Protection PCAP Program Attn: Department Contract Manager Email address: STR Invoices(cdep.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. OO 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 Office 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 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 DEP Contract No. GC919, Page 3 of 15 49 (Approved Template 021022017) 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 Commissioners Department of Environmental Protection Collier County Solid & Hazardous Waste Dept. 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(ci>colliergov.net Email: roger.ruizdep.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 DEP Contract No. GC919, Page 4 of 15 (Approved Template 02/02/2017) �1 • 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 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 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. DEP Contract No. GC919, Page 5 of 15 CAS (Approved Template 0210272017) 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. ❑x 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$ O 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. O No liquidated damages will be assessed. O 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 DEP Contract No. GC919, Page 6 of 15 (Approved Template 02/02/2017) C4/0 , 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. DEP Contract No. GC919, Page 7 of 15 (Approved Template 0210212017) 0 ❑ 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. 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 DEP Contract No. GC919, Page 8 of 15 (Approved Template 0202/2017) 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 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 DEP Contract No. GC919, Page 9 of 15 (Approved Template 02/02!2017) 7r 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 restriction and alteration. Department reserves the right and the complete discretion to accept any such DEP Contract No. GC919, Page 10 of 15 (Approved Template 07/07/2017) 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 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. DEP Contract No. GC919, Page 11 of 15 (Approved Template 02/02/2017) 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 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 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.orq/ DEP Contract No. GC919, Page 12 of 15 (Approved Template 02/0212017) 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 public 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. lithe 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 DEP Contract No. GC919, Page 13 of 15 (Approved Template 02/02/2017) RECORDS by telephone at (850) 245-2118, by email at publicservices(a�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 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. DEP Contract No. GC919, Page 14 of 15 (Approved Template 02/0712017) 54. WARRANTY OF ABILITY TO PERFORM. Contractor warrants that, to the best of its knowledge, there is no pending or threatened action, proceeding, or investigation, or any other legal or financial condition, that would in any way prohibit, restrain, or diminish the Contractor's ability to satisfy its Contract obligations. Contractor warrants that neither it nor any affiliate is currently on the convicted vendor list maintained pursuant to section 287.133 of the Florida Statutes, or on any similar list maintained by any other state or the federal government. Contractor shall immediately notify the Department in writing if its ability to perform is compromised in any manner during the term of this Contract and any renewals. 55. WARRANTY OF AUTHORITY. Each person signing this Contract warrants that he or she is duly authorized to do so and to bind the respective party to this Contract. IN WITNESS WHEREOF, the parties have caused this Contract to be duly executed, the day and year last written below. COLLIER C• =OARD FLORIDA DEPARTMENT OF OF COUNT 'OM SIONERS ENVIRONMENTAL PROTECTION By: By: Title: [ Penny Tayl•ifithairman / Secretary or designee Date: CO / /5 / Date: FEID No. 59-6000558 List of attachments/exhibits included as part of this Contract: Specify Type/Letter Description Attachment A Scope of Work- Level One (7 pages) Attachment B Scope of Work- Level Two (8 pages) Attachment C Task Assignment Notification Form Attachment D Task Assignment Change Order Form (2 pages) Attachment E Contractor Affidavit/Release of Claims Form - REMAINDER OF PAGE INTENTIONALLY LEFT BLANK- • ATTEST Ap,,roved as o and legality DWIGHT E. BROCK,CLERK IP' • BY. {f(,fi ?� t�' t -t c Scott R.Teach,Deputy County Attorney 4 Atte to Chairman's signature only. .Y DEP Contract No. GC919, Page 15 of 15 (Approved Template 02/02/2017) 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, 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 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. DEP Contract No.GC919, Page 1 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 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 document management system. DEP Contract No.GC919, Page 2 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 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 DEP Contract No.GC919, Page 3 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 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 DEP Contract No.GC919,Page 4 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 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. 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://w w.dep.state.lus/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.stateRus/waste/categories/tanks/pages/first_use rs_guide.htm C. Guidance Document Cl-- Instructions for Conducting Sampling During Aboveground Storage Tank Closure DEP Contract No.GC919, Page 5 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. DEP Contract No.GC919,Page 6 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 InvoicesAdep.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 DEP Contract No.GC919,Page 7 of 7 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, 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 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 DEP Contract No.GC919,Page 1 of 8 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 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. (3) All Compliance Assistance letters shall be on Department forms, in Department format, or have Department approval. DEP Contract No.GC919,Page 2 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. 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 DEP Contract No.GC919, Page 3 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. DEP Contract No.GC919,Page 4 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 Departments "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. DEP Contract No.GC919, Page 5 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 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. 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.statenus/vaste/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 quide.htm C. Guidance Document Cl -- 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 DEP Contract No.GC919,Page 6 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, omissions, 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 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. 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 InvoicesCa�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 DEP Contract No.GC919,Page 7 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 DEP Contract No.GC919,Page 8 of 8 • 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/compl lance.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(a4dep.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. DEP Contract No.GC919,Attachment C,Page 1 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 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 15`h 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) DEP Contract No.GC919,Attachment C,Page 2 of 4 bo Cl.P.re,,,..., Florida Department of Environmental Protection r r4o . ,off • 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: DEP Contract No.GC919,Attachment C,Page 3 of 4ID o a° pep arr '^ Florida Department of Environmental Protection O 1/4 lte' r. 1,..i TASK ASSIGNMENT FORM t0� n�Onla, 00 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 Project Grant Org Code Category& Fund Special Object EO Amount Entity # # Year Category Code Total: o DEP Contract No.GC919,Attachment C,Page 4 of 4 ,m °=Pa`e`N+ Florida Department of Environmental Protection ~ TASK ASSIGNMENT CHANGE ORDER FORM r np 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: 000-012(Effective 09-14-2015) Page 1 of 2 Do Part a° �P Florida Department of Environmental Protection o� A 7r it TASK ASSIGNMENT CHANGE ORDER FORM 'oma AL!'T �`' Ponta! Oi 0 Change in Funding Information Org. Code E.O. 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 000-012(Effective 09-14-2015) Page 2 of 2 0 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) DEP Contract No. GC919,Attachment E, Page 1 of 1 (Approved Template 05,10/16) a) ♦, C..5 N .:3. CD •- N CO r CO N V Cr) O O N. R m r m f0 m d m m .0 Cll L.) 13 0 .m.. C m N m OD N C7 N CO CO 2 2 Cra O O O O O O O O O O O O O O O O O O O CD 0 0 O O O h U) cn U) N CO N N 0 CD 0 CD O 0 O 0 0 V V V V V V V V V V V V U) U) U) U) N VD VI N V) VO-86'- N M V ID CO 0) 0 wN V V) LID N- N N 0) 0 T. O m O) m 0) E m m m m m N a) a) E. co o) o) o) of o) D) o) o) r VJ J M (f) NN N N N N N N N N N N N N N N N N N N N N N N N _ "zt LL. 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(i0 N N00 ND 70. 000< U.a dm -� 0> zzzw D2wo Iq--Xco) z2 pU Wa' Lu W 2 2 2 2 2 2 2 0W) 0 N () y run Q Q Lu Z Z Z z Z Z Z Z H 1w- C-- H I- 1W- ~ 0 0 ce a' co N CO co co N N I- 0 s 0 0 a a w w Y Y Y Y Y Y >' COCO CO r r N CO CO Cl) CO N N W W W W w w - N q co 0 0 0 0 0 O O 2 0. 0. a' 2 40 OQ W g 0 W q aa J¢¢ QJ Qa -I -I QJ -QI o x x x 2 x Y apx V aftw w W W W W W W �, Of U U 0 U U (> >a0 5x00 y y z z Z Z Z L� N N N 0 CO N 00-X 00X g O D 5 5 5 o D W g a W a a 2 00 F W H Zm U Z¢<Q 02 rn 9 O d' Z❑ow OF Fm z O w z WW w 2 0 w 2 a Z - to ZtLD F- W Z Ort` Qp,.7 wd SN Tc aOzGn 0 -q -1 < -1 CL' 'r W O Qh 00. Co FL Wfl 42� 00 �Q(n EOQ waw Zd a¢ > ZO2z OZ(- '<0= ❑�?- —00 -',2 25,0 Fw UO z00_, qzw c`Oz 4wz- zoz trUoZ .5.E °z wzF U UZU F-wa H>w>- wr w d 15`-r d2w 7w ZU3QOo iiQQ W W5 22 0 ZUZF= a Wd `Za v Z z w 0.17❑ - F-F-0QD W wop wacWY xz,'d,..x 1-=id.w Zw0 OF¢-T -�7 zzz0O 000 '1p W zZZFW- zo6z0, 0. W F=ZU UO 00007 a?< 2a. _ FFK-000¢ 0002 <F--a <0 tdl.a U r F _ _ an v m rn �: c0 n W r a a Z Z o, OT, ; Zi; (0 rn N CO m 00 00 x a0 2 Z '',',/ m .' , W Z w <F- = a a a-2 .. Mw O 5 5 U`) $ or o F-W O g a) :'. Go LL UI G U F N 00 m z Z (0 co C W '' W d' d' — d' — — ccN 0_' O) (n Z Z Z m Z Z Z Z U r a 0 o m v a 'a .-,5- ,---, N '' n r 0 w 0 rn m mroro ) WW 0COC (0 r m 0 N N N N N N N N N N N F Z F Z 7 Z z > Z 00¢ Z ¢ z ¢ C60 ZZ� o_U rn� Kz 2> Z 12 000 O O W 0,w O 0 1-0 O 1.-co ur-- U dW .z zU Z� UW ydyceQ❑ Z z _JcOM ayQ W, 22 UM F_�0= zU 2z Dzri F-z0 FY¢-n Y(U/) QrW' E 0�7 ¢z 7 W 0000 70E- ❑ 3 w Q Irc 00000 F"¢ U� W�> pUU NO ,_< —x F 2°< LL 00a QQ? FW-N� pa ww Ow c Z ¢y 21- ZF of Z W W F W 14J1- 00 mO3¢ o? OZ WOw ee0' w�N o¢ wco A FFuica a QO -JOU- OO c� p 3 W QUW U U> <Y¢ W_W Q=O mai 7W Z¢j W O W¢ w Q w M¢W --0° 2 J O 2 o Z WZo HHa H❑ Z❑: Z(�m ay }}W O Q2 Ww 7Oo 002 UZJ QWa opz ZR¢' -0 N ,01-0W W W Oo YOa FFJ d' a OF J7 O1 O0¢Z wa4— ww(W/) <W Ow> a W W 0 W aw0 00 a aZs a(/)7 F(nz 00¢ ¢O00 ¢Z w0 z 2 5 2 2 2 Ui U O F FW- FW- F- FW- FF-- FW- FW- Z ( CO (4 N (n U w W >- >- >- >- ( >- w 00 o 0 0 o 0 o ❑ d a a a a a a a 01 W 0 WiO 2 d Z Z Z Z Z Z Z (V W GUIDANCE DOCUMENT A-VIOLATION LIST violation criteria M cool compliance caleg0ry id rub violation text _ski significance level Id Oct reev.lation type Id 1001 REGISTRATION 4COI1)1a)(b) SYSTEMS NOT REGISTEREDN R 1002 REGISTRATION 400(2)(2)-(ei REGISTRATION FEES NOT PAIDN R 400(2)(1) REGISTRATION PLACARD IS NOT DISPLAYED 1003 REGISTRATION IN PLAIN VIEWN R 1004 FINANCIAL.RESPONSIBILITY 4,IV)) NO FINANCIAL RESPONSIBILITY 8 R 450(1)(3)1 TO DAY NOTIFICATION BEFORE INSTALLATION OR UPGRADE NOT 1005 NOTIFICATION 8 REPORTING SUBMITTED N N 450111182 10 DAY NOTIFICATION.BEFORE UST INTERNAL INSPECTION,CHANGE IN SERVICE STATUS,CLOSURE,OR CLOSURE 1006 NOTIFICATION 8 REPORTING ASSESSMENT NOT SUBMITTED N N 450(10)3 48 HOUR NOTIFICATION BEFORE INSTALLATION/CLOSURE ACTIVITY.UST INTERNAL INSPECTION,CHANGE IN SERVICE STATUS,AND TIGHTNESS TESTS NOT 1007 NOTIFICATION 8 REPORTING SUBMITTED N N 450(10)4 EMERGENCY OUT-OE-SERVICE NOTIFICATION BEFORE NEXT BUSINESS DAY 1008 NOTIFICATION A REPORTING NOT SUBMITTED N N 450(1110) REGISTRATION UPDATE AFTER CHANGE OF OWNERSHIP,CLOSURENPGRADE,OR CHANGE IN FINANCIAL RESPONSIBILITY NOT 1008 NOTIFICATION B REPORTING SUBMITTED WETHIB:10 DAYS N N 405(2) INCIDENT NOT REPORTED WITHIN 24 HOURS 1010 NOTIFICATION B REPORTING OR BY NEXT BUSINESS DAY N N 450(3)In) DISCHARGE NOT REPORTED WITHIN 24 1011 NOTIFICATION 8 REPORTING HOURS OR BY NEXT BUSINESS DAY 8 N 45O(3)(b) COPY OF ANALYTICAL OR FIELD TEST RESULTS CONFIRMING DISCHARGE NOT 1012 NOTIFICATION 8 REPORTING SUBMITTED WITH ORE ORF N ft CATEGORY SYSTEMS.GENERAL 50011))4)) SITING REQUIREMENTS NOT MET 1013 PERFORMANCE N I SOO(1)10 IMPERVIOUS SPILL CONTAINMENT NOT CATEGORY C SYSTEMS-GENERAL INSTALLED OR DOES NOT MEET' 1010 PERFORMANCE STANDARDS B I CATEGORY C SYSTEMS-GENERAL 500(1)(c) DISPENSING SYSTEMS DO NOT MEET 1016 PERFORMANCE STANDARDS N I T.ATEGORVC SYSTEMS-GENERAL 50011)(4)1.2 SECONDARY CONTAINMENTILINERS DOES 1018 PERFORMANCE NOT MEET GENERAL STANDARDS 8 l CATEGORY C SYSTEMS-GENERAL 550(155)3 CONCRETE SECONDARY CONTAINMENT 1017 PERFORMANCE DOES NOT MEET STANDARDS B I IL00(1)(e)2 CATHODIC PROTECTION TEST - CATEGORYCSYSTEMS-GENERAL Sl'A'TIOPYMETHOD AND OPERATION DOES 1019 PERFORMANCE NOT MEET REQUIREMENTS N I 500(1)(e)4 SECONDARY CONTAINMENT NOT PROPERLY DESIGNED OR CONSTRUCTED FOR RELEASE DETECTION,BREECH OF CATEGORY C SYSTEMS.GENERAL INTEGRITY,OR CATHODIC PROTECTION 1018 PERFORMANCE N CATEGORY C SYSSTEMS-GENERA. 500l1)(e)5 FAILURE TO ALLOW FOR/PERFORM A 1020 PERFORMANCE BREACH OF INTEGRITY TEST N I CATEGORY C SYSTEMS.GENERAL 500(1)86 FAILURE TO PROVIDE A MONITORING POINT 1021 PERFORMANCE FOR SECONDARY CONTAINMENT N I CATEGORY C SYSTEMS-GENERAL 18)0(18e)7 HYDRANT PIT SECONDARY CONTAINMENT 1022 PERFORMANCE DOES NOT MEET STANDARDS N CATEGORY C SYSTEMS-GENERAL 5(511 p1) UNDERGROUND TANK RELOCATION 1023 PERFORMANCE REQUIREMENTS NOT MET N I CATEGORY C SYSTEMS-GENERAL SA](1)(h) REUSED TANKS NOT PROPERLY CERTIFIED 1004 PERFORMANCE N R 500(2)1x) NOT INSTALLED ACCORDING TO 1026 _CATEGORY C SYSTEMS•UST SYSTEMS MANUFACTURER'S INSTRUCTIONS N I S30(2Sb) INSTALLED ACCORDING TO REFERENCE STANDARDS.NEPA 30.NEPA 30A,API 1815, 1028 CATEGORYC SYSTEMS-UST SYSTEMS PEI 1ST B EtXX2)Ic) WORK NOT PERFORMED BY A CERTIFIED 1027 CATEGORY C SYSTEMS'LIST SYSTEMS CONTRACTOR N R S00(2)(d) TANK AND INTEGRAL PIPING NOT TESTED PROPERLY(TIGHTNESS OR APPROVED 1028 CATEGORY C SYSTEMS-UST SYSTEMS TEST METHOD) N 1 50113) TANK NOT CONSTRUCTED TO STANDARDS, OR APPROVED PER 62.761.850(2) 1029 CATEGORY C SYSTEMS-UST SYSTEMS N I 500E1) NOT INSTALLED WITH SECONDARY 1030 CATEGORY C SYSTEMS-USI'SYSTEMS CONTAINMENT B 500(5) UST NOT PROVIDED'WITH OVERFILL 1031 CATEGORY C SYSTEMS-UST SYSTEMS PROTECTION B I 5001511x) FILLBOX CO'U'EHT NOT MARKED ACCORDING TO API RF 1937,OR EQUIVALENT METHOD 1032 CATEGORY C SYSTEMS-UST SYSTEMS N I 500(5)(b) FAILURE TO PROVIDE OVERFILL THAT SHUTS OFIIYESTRICTS FLOW OR TRIGGERS 1033 CATEGORY C SYSTEMS UST SYSTEMS ALARM B I 0515) DISPENSER LINERS NOT INSTALLED, TESTED AND AL1.L]W FOR INTERSTITIAL. 1034 _CA"EGORY C SYSTEMS.LIST SYSTEMS MONITORING 8 1 1.100(7I PIPING SUMPS NOT INSTALLED,TESTED AND ALLOW FOR INTERSTITIAL MONITORING 1036 CATEGORY C SYSTEMS•UST SYSTEMS B I 5001883)1,2 NOT INSTALLED ACCORDING TO REFERENCE STANDARDS-NFPA30,30A, SAME 031.4,AND MANUFACTURER'S 1038 CATEGORY C SYSTEMS-INTEGRAL PIPING INSTRUCTIONS B I 50018)50 BULK PRODUCT UST PIPING NOT APPROPRIATELY TESTED BEFORE PLACED 1037 CATEGORY C SYSTEMS-INTEGRAL PIPING IN SERVICE N I 600(8)0)4 NEW PIPING NOT IN CONTACT WITH SOIL 1038 NOT INSTALLED TO STANDARDS B I 500)855) PIPING NOT MEETING REFERENCE STANDARDS AND I OR APPROVED PER 62- 1039 CATEGORY C SYSTEMS-INTEGRAL PIPING 761.5550) 8 R 550(0)(c)1 SMALL.DIAMETER PIPING PRESSURIZED, SHEAR,EMERGENCY SHUTOFF VALVES NOT' 1040 CATEGORY C SYSTEMS-INTEGRAL PIPING PROPERLY INSTALLED N 500(8110)2 SMALL DIAMETER PIPING W Tf H GRAVITY. HEAD,ISOLATION VALVES NOT PROPERLY INSTALLED AND NOT MEETING NFPA WA 1041 CATEGORY C SYSTEMS-INTEGRAL.PIPING SECTION 2.1.7 N 1 1100198d) BULK PRODUCT PIPING NOT INSTALLED ACCORDING TO REFERENCE STANDARDS- 1042 CATEGORY C SYSTEMS-INTEGRAL PIPING NFPA 30,30A,SAME 831.4 8 1 550(8)(e)1 PIPING IN SOIL OR OVER WATER DOES NO' 1043 CATEGORY C SYSTEMS-INTEGRAL FIRING HAVE SECONDARY CONTAINMENT B 1 500(8)10)2,3 BULK PRODUCT AND REMOTE FILL PIPING IN SOIL DOES NOT HAVE SECONDARY 1004 CATEGORY C SYSTEMS-INTEGRAL PIPING CONTAINMENT B I 0 011 501(1)151 CATHODIC PROIICTION TEST CATEGORY C SYSTEMS-GENERAL STATION/MONITORING METHOD NOT 1046 PERFORMANCE DESIGNED ANDINSTALLED PROPERLY N I 501(1053 CATHODIC PROTECTION NOT DESIGNED BY 1046 CORROSION PROFESSIONAL N 1 CATEGORY AB SYSTEMS-GENERAI. 510(109)1 SHEAR OR EMERGENCY SHUTOFF VALVES 1047 PERFORMANCE NOT INSTALLED BY 1231/1998 B I CATEGORY.ALB SYSTEMS-GENERAL 510(1)(6)2 NO CATHODIC PROTECTION TEST STATION 1048 PERFORMANCE METHOD BY 1231/1998 N I CATEGORY AB SYSTEMS-GENERAL 510099)3 FILL BOXES COLOR-NOT CODED BY 1049 PERFORMANCE 12E31)1998 N 1 CATEGORY A/B SYSTEMS-GENERAL 510(1)(5)4 ANTS REINSTALLED AS USPS NOT MEETING 1050 PERFORMANCE RULE BY 12131/1998 N R CATEGORY AiR SYSTEMS.GE.NERAI. 5100114.1 NO CLOSURE ASSESSMENT PRIOR TO TANK 1551 PERFORMANCE SYSTEM COMPONENT UPGRADE 8 R 51011)15) NO VALVES MEETING NFPA 305 STANDARDS CATEGORY HIS SYSTEMS-GENERAL INSTALLED FOR PIPING SYSTEMS WITH 1062 PERFORMANCE GRAVITY HEAD N 1 CATEGORY AIR SYSTEMS-GENERAL 510(100) NO SECONDARY CONTAINMENT FOR PIPE 1063 PERFORMANCE OVER WATER BY 12/91•'2584 B I 510(3)(8) CATEGORY B MS NOT INSTALLED WITH 1054 CATEGORY A)R SYSTEMS.UST SYSTEMS SECONDARY CONTAINMENT A 1 510(3)/16 HAZARDOUS SUBSTANCE USTS INSTALLED AFTER Il1/1891 DOES NOT HAVE 1066 CATEGORY A/B SYSTEMS-UST SYSTEMS SECONDARY CONTAINMENT A 1 510(41 PIPING NOT INSTALLED WITH SECONDARY CONTAINMENT AFTER 1231/1000 1068 CATEGORY A/S SYSTEMS.LIST SYSTEMS A 1 S1U151 ALL SYSTEMS NOT MEETING 1067 CATEGORY A/0 SYSTEMS-UST SYSTEMS REQUIREMENTS OF TABLE UST A 1 E'XYI)(e)1 CANNOT DETECT A NEW RELEASE FROM 1068 RELEASE DETECTION.GENERAL ANY PORTION OF THE SYSTEM N I 6001.1)662 NOT INSTALLED.CALIBRATED.OPERATED 1069 RELEASE DETECTION.GENERAL PER MANUFACTURERS SPECIFICATIONS N I 600)1)(5)3 NOT MEETING PERFORMANCE STANDARDS; NOR ALL MANUFACTURER'S CLAIMS 1080 RELEASE DETECTION:-GENERAL RETAINED N R 600y10c) RELEASE DUPON METHOD NOT 1061 RELEASE DETEC'ON-GENERA(. PROVIDED UPON INSTALLATION N R 000(14(0) RELEASE DETECTION NOT PERFORMED AT 1062 RELEASE DETECTION.GENERAL LEAST ONCE A MONTH B R 6UVI1)01) CONTINUOUS ELECTRONIC LEAK 1063 RELEASE DETECTION•GENERAL DETECTION NOT INSPECTED MONTRI.Y N R 60)(11(1) SITE SUITABILITY DETERMINATION NOT 1064 RELEASE DETECTION•GENERAL PERFORMED BY 12/31/1993 8 R 66011)(0) VAPOR MONITORING PLANS NOT IN PLACE 1066 RELEASE DETECTION•GENERAL BY 12/31/1508 B R 80001(h) NO INTERSTITIAL MONITORING FOR 1566 RELEASE DETECTION GENERAL SECONDARY CONTAINMENT B 1 6000)(1) LINE LEAK DETECTOR NOT PROVIDED FOR 1067 RELEASE DETECTION•GENERAL PRESSURIZED PIPING 8 I 600(1)() STORAGE TANK SYSTEM WITHOUT RELEASE DETECTION BY DUE DATE NOT 1068 PERMANENTLY CLOSED B 1 605)1/L) MONITORING WELLS NO LONGER USED FOR 1069 RELEASE DETECTION•GENERAL RELEASE DETECTION NOT CLOSED N 1 800(2) RELEASE DETECTION NOT PROVIDED 1070 RELEASE DETECTION.UST SYSTEMS ACCORDING TO TABLE RD A I 600(3) GROUNDWATER MONITORING PLANS OR SPEC PLANS BEFORE 12'72190 DO NOT MEET 1071 RELEASE DETECTION-UST SYSTEMS 62.7SI.691(I)(A) N R OI0(;S) MONITORING WELLS NOD MEETING 62- 1572 RELEASE DETECTION-LIST SYSTEMS (NI 84012)BY 12310998 N R 610(1)(4) CATEGORIES A A B NO RELEASE DETECTION.AND RD NOT MEETING 1073 RELEASE DETECTION-GENERAL STANDARDS 8 1 810(11191 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 FCIR SECONDARY-CONTAINED 1074 RELEASE DETECTION-GENERAL PRESSURIZED PIPING. A I 810(2) CATEGORY A 8 8 SYSTEMS LY)NOT HAVE 1076 RELEASE DETECTION-UST SYSTEMS RELEASE DETECTION METHOD A 1 SI13(3)(6)1 SINGLE WALLED SUCTION PIPING DOES NOT RELEASE DETECTION-SMALL DIAMETER HAVE ANNUAL LINE TEST OR 62-761.690(2) 1076 PIPING METHOD B N 610(300)2 SINGLE WALLED PRESSURIZED PIPING DOES NOT HAVE MECHANICAL LEAK RELEASE DETECTION-SMALL DIAMETER DETECTORS/ANNUAL TIGHTNESS TEST,OR 1077 PIPING ELECTRONIC LEAK DETECTOR B I RELEASE DETECTION-SMALL DIAMETER 610(355) ABOVEGROUND PIPING NOT VISUALLY 1078 PIPING INSPECTED B N 810(3)(0) SECONDARY-CONTAINED PIPING IN CONTACT WITH SOIL DOES NOT HAVE. INTERSTITIAL MONITORING,LINE LEAK RELEASE DETECTION•SMALL DIAMETER DETECTOR IF APPLICABLE,ANDA BREACH 1079 PIPING OF INTEGRITY TESTING METHOD N I 040(1)(8) DEVICE DOES NOT MEET GENERAL. STANDARDS:CANNOT DETECT 0.2 GAT./HR OR 150 GALLON RELEASE WITHIN 300 DAYS, WITH BBS DETECTION PROBABILITY AND DON FALSE ALARM PROBABILITY 1080 RELEASE DETECTION GENERAL N R A40111(S) RELEASE.DETECTION METHOD I1AD 110 DEP EQUIPMENT APPROVAL IN ACCORDANCE 1081 RELEASE DETECTION•GENERAL WITH 62.761.6W/2j N R RIO(I)(c) NO RELEASE DETECTION RESPONSE LEVEL 1082 RELEASE DETECTION-GENERAL DESCRIBED IN WRITING N R 64012)121 MONITORING WELL CONSTRUCTION 1003 RELEASE DETECTION•EXTERNAL STANDARDS NOTMET N I 64O(2)(4,)2 FREE PRODUCT OR SHEEN PRESENT IN 1084 RELEASE DETECTION.EXTERNAL WELLS N 1 540(2)(013 ANOTHER METHOD NOT USED WHEN 9 1'OF WATER IN WELL OR WATER ABOVE SLOTS 1086 RELEASE DETEC.'ION-EXTERNAL N I 04012);114 MONITORING WELL RECORDS DO NOT MEET 1066 REL EASE DETECTION-EXTERNAL RECORDING REQUIREMENTS N R 640(2))55 VAPOR MONITORING WELLS RENDERED 1087 RELEASE.DETECTION-EXTERNAL INOPERATIVE N 1 040E226)3 RELEASE DETECTION EQUIPMENT CANNOT DETECT APPROPRIATE CONTAMINANT' LEVELS iN PARTS PER MILLION UNITS(PPM) 1088 RELEASE DETECTION-EXTERNAL N R 040(2)(0(4 VAPOR MONITORING USED WHERE 1069 RELEASE.DETECTION-EXTERNAL EXISITNGCONTAMINATION INTERFERES N R 690(2)1515 VAPOR MONITORING PLAN NOT DEVELOPED AND IMPLEMENTED ACCORDING TO 1080 RELEASE DETECTION-EXTERNAL GUIDELINES N N 0 S46(2)19i PROBLEMS FOUND DURING VISUAL. 1091 REL EASE DETECTION-EXTERNAL INSPECTIONS NOT NOTED N I 64O13ii2i1 INTERSTITIAL MONITORING OF SECONDARY- CONTAINED SYSTEMS WITH NON- 1082 RELEASE DETECTION-INTERNAL APPROVED METHODN R 640(3)1813 DOES NOT MEET VACUUM MONITORING 1093 RELEASE DETECTION-INFERNAL REQUIREMENTS N R 640(3)(8)4 DOES NOT MEET INTERSTITIAL MONITORING REQUIREMENTS FOR LINER SYSTEMS 1094 RELEASE DETECTION-INTERNAL N I 640(3)(0) INVENTORY CONTROL NOT MAINTAINED FOR SINGLE•WALLED VEHICULAR SYSTEMS 1095 RELEASE DETECTION•INTERNALN R 640(313b03 WATER FLUCTUATIONS 51.0'NOT 1096 RELEASE DETECTION.INTERNAL INVESTIGATED SYSTEM NOT TESTED N 1 540(3V0)4 INVENTORY CONTROL PERFORMED FOR 1097 RELEASE DETECTION.INTERNAL SYSTEMS 30,000 GALLONSN R 040(3)(0) MANUAL TANK GAUGING DOES NOT MEET 1098 RELEASE DETECTION-INTERNAL REQUIREMENTS N R 640(3)(8) ATO SYSTEM NOT IN TEST MODE EVERY 30 1049 RELEASE DETECTION•INTERNAL DAYS NOR OPERATED CONTINUOUSLYN R 640(3)LRL MONTHLY SIR ANALYSES NOT PROVIDING: LEAK THRESHOLD,MINIMUM DETECTABLE LEAK RATE,CALCULATED LEAK RATE,AND A 1180 RELEASE DETECTION-INTERNAL RESULT DETERMINATION N R 640(3)(815 MONTHLY SIR EVALUATIONS NOT RECORDED ON FORM B00(7)OR 1101 RELEASE DETECTION.INTERNAL EQUIVALENT N R 840(33f) TIGHTNESS TESTING OPERATIONAL REQUIREMENTS NOT MET WHEN USED AS RELEASE DETECTION(TIGHTNESS TESTING 1102 RELEASE DETECTION-INTERNAL NOT MEET STANDARDS) N R V4O(4)(R) LIST UNE LEAK DETECTOR CANNOT DETECT RELEASSE.DETECTION•SMALL DIAMETER 30 GPA DISCHARGE,NOT TESTED 1103 PIPING ANNVAI.I.YN R 54D1-1(515 CONTINUOUSLY OPERATING INTERSTITIAL MONITOR CANNOT DETECT 10 GALLONS OF RELEASE DETECTION'SMALL DIAMETER PRODUCT WITHIN HOUR AND SHUT OFF 1104 PIPING PUMPN R REPAIRS OPERATION S MAINTENANCE- 700(1)401 NOT REPAIRED COMPONENT WHICH HAS OR 1105 GENERAL COULD CAUSE A DISCHARGE N I REPAIRS OPERATION B MAINTENANCE' 700(1)(8)2 NOT TAKEN OUT OE OPERATION UNTIL 1108 GENERAL REPAIR IS MADE. B I REPAIRS OPERATION B MAINTENANCE- 700(1)(8)3 NOT REPAIRED PER NEPA 30 OR OTHER 1107 GENERAL APPLICABLE STANDARDS N I REPAIRS OPERATION 8 MAINTENANCE• 700(1)(8)4 REPAIRED COMPONENTS NOT TESTED AS 1109 GENERAL APPLICANLE N t REPAIRS OPERATION B MAINTENANCE- 700(1)(8)6, REPAIRS TO TANKS NOT MADE BY 1109 GENERAL AUTHORIZED REPRESENTATIVE N I REPAIRS OPERATION B MAIPNTENANCE- 7YS(1)ISY3 PIPING THAT IS DAMAGED OR HAS 1110 GENERAL DISCHARGED IS NOT REPLACEDN I T D;N1115)1 NOT OPERATED AND MAINTAINED TO 1111 REPAIRS OPERATION B MAINTENANCE-CP PRO41DE CONTNUOUS PROTECTION N I 700(1X0)28 NOT INSPECTED 6 MONTHS AFTER INSTALLATION OR REPAIR AND ANNUAL'..'LIT 1112 REPAIRS OPERATION&MAINTENANCE•CP YEARSN I 700(1)(8)2b IMPRESSED CURRENT SYSTEM NOT 1113 REPAIRS OPERATION SMAINTENANCE-GF INSPECTED F.VEHR TWO MONTHSN R 700(1 b)3 SYSTEMS THAT DO NOT MEET REQUIREMENTS NOT REPAIRED/TAKEN OUT 1114 REPAIRS OPERATION&MAINTENANCE.-CP OF SERVICE N I 700(1(8)1 SPILL CONTAINMENT,DISPENSER LINERS AND PIPING SUMPS ACCESSIBLE:WATER REPAIRS OPERATION 8 MAINTENANCE•0 S AND REGULATED SUBSTANCES NOT 1115 M REMOVED N 1 7(0(1(0)2 NOT ENSURED VOLUME AVAILABLE IN TANK IS GREATER THAN THE VOLUME TRANSFERRED AND/OR FAILURE TO REPAIRS OPERATION 8 MAINTENANCE-0 8 MONITOR DURING PRODUCT TRANSFER 1118 M. OPERATIONN R REPAIRS OPERATION 8 MAINTENANCE-08 700(1Nc)3 RELEASE DETECTION DEVICES NOT TESTED 1117 M ANNUALLYN R 700(1)(c)5 INVENTORY CONTROL FOR VEHICULAR REPAIRS OPERATION S MAINTENANCE.08 FUEL TANKS WITHOUT SECONDARY 1118 M CONTAINMENT NOT USEDN R 7(.`0(3) NOT TESTED BEFORE PLACING BACK INTO REPAIRS OPERATION&MAINTENANCE• SERVICE(TIGHTNE.SS:OTFIER APPROVED 1119 UST SYSTEMS METHODIN R 700(4) TANK NOT REPAIRED BY LINING PER API 1631,NOT INSPECTED PER NLPA 031 CH B. AND CATHODIC PROTECTION NOT REPAIRS OPERATION A MAINTENANCE- INSTALLED PROPERLY,NOT TESTED IN 1120 UST SYSTEMS STATED TIME FRAMESN R 700(6) TANK UPGRADED WITH INTERNAL LINING REPAIRS OPERATION 8 MAINTENANCE• INSPECTED AND TIGHTNESS TESTED 16'5 1121 USTSYSTEMS YEARS N R 7101) PERMANENT RECORDS NOT AVAILABLE. WITHIN S WORKING DAYS NOTICE;NO 1122 RECCIRDKEEPING REASONABLE FACILITY ACCESS N N '710(2) RECORDS REQUIRING 2-YEAR DOCUMENTATION PERIOD NOT KEPT BY 1123 RECORD KEEPING FACILITY N N 710;3) RECORDS REQUIRED FOR LIFE OF SYSTEM 1124 RECORD KEEPING NOT KEPT BY FACILITY N N 800(1)(8)1 REQUIREMENTS NOT MET FOR OUT OF 1125 OUT OF SERVICE-GENERAL SERVICE SYSTEMS N 600(1)1812,4 UPGRADES AND TESTING NOT PERFORMED BEFORE RETURNING SYSTEM TO SER VICE 1126 OUT OF SERVICE'GENERAL N I 800(1)(b)1 NO TIGHTNESSr13REACH OF INTEGRITY TEST 1137 OUT OF SERVICE-UST SYSTEMS BEFORE RETURNING TO SERVICE N 1 R00(1)(162 SYSTEM OUT OF SERVICE LONGER THAN 1129 OUT OF SERVICE-UST SYSTEMS ALLOWED TIME LIMIT N 800(2)(8)18 LIQUIDS AND SLUDGE NOT REMOVED FROM 1129 CLOSURE-GENERAL TANKIS) N I 800I2)i8)1b INTEGRAL PIPING NOT PROPERLY CLOSED, 1130 CLOSURE-GENERAL MANWAYS NOT SECURED N I 600(2)(8)3 MONITORING WELLS NOT CLOSED UPON 1131 CLOSURE-GENERAL SYSTEM CLOSURE N TE012)6I UNMAINTAINED USTS NOT PROPERLY 1132 CLOSURE-ASSESSMENT CLOSED WITHIN 90 DAYS OF DISCOVERY B I 60D(2)(c)25 CLOSURE NOT PERFORMED ACCORDING TO API RP 1604 CHAPTER 1,3,4.6,7-PERMANENT CLOSURE REQUIREMENTS.STORAGE, DISPOSAL AND ACCORDING TO NEPA 30 1133 CLOSURE•UST SYSTEMS APPENDIX C N R 0A7(2'i(0)20 NOT PROPERLY CLOSED IN PLACE NOR CERTIFIED CONTRACTOR PERFORMED 1134 CLOSURE-UST SYSTEMS TANK REMOVALIS N I 800(3)(8)3 b) CLOSURE ASSESSMENT REQUIRED AND 1135 ('LEISURE'ASSESSMENT NOT PERFORMED N R 1400(3)(0) SAMPLING NOT IN ACCORDANCE.WITH APRIL.1993'STORAGE TANK SYSTEM 1136 CLOSURE-ASSESSMENT CLOSURE ASSESSMENT REQUIREMENTS. N R 600(3)(0) CLOSURE ASSESSMENT NOT SUBMITTED 1137 CLOSURE-ASSESSMENT WITHIN 60 DAYS B N 1138 DISCHARGE RESPONSE 82011I41,I61,(U) INCIDENT NOT PROMPTLY INVESTIGATED N N 021;1)(0) SPILL OR LOSS OF REGULATED SUBSTANCE INTO SECONDARY CONTAINMENT NOT REMOVED WITHIN THREE DAYS OF 1139 DISCHARGE RESPONSE DISCOVERY N N 820(2))B) ACTIONS NOT TAKEN IMMEDIATELY TO CONTAIN,REMOVE AND ABATE THE DISCHARGE:FREE PRODUCT PRESENT NOT 1140 DISCHARGE RESPONSE BEING REMOVED N R • 020(256)1 UNKNOWN DISCHARGE SOURCE NOT 1141 DISCHARGE RESPONSE INVESTIGATED PER NEPA 329 CH.3&5 N R 820(2)16)2 REGULATED SUBSTANCE NOT REMOVED FROM SYSTEM'TO PREVENT FURTHER 1142 DISCHARGE RESPONSE DISCHARGE TO THE ENVIRONMENT N R 620(2)(6)3 FIRE.EXPLOSION.AND VAPOR HAZARDS 1143 DISCHARGE RESPONSE NOT IDENTIFIED AND MITIGATED N R 1144 DISCHARGE RESPONSE 820121(6)4 SYSTEM NOT REPAIRED NOR CLOSED N R 6265250) SYSTEM NOT TESTED UPON AGENCY DETERMINATION OF DISCHARGE OR 1146 DISCHARGE RESPONSE. RELEASE DETECTION ISSUE N R 820(250)1 SYSTEM NOT TESTED WITHIN 3 DAYS TO 1148 DISCHARGE RESPONSE CONFIRM A DISCHARGE,IF NECESSARY N R 620(250)2 LEAKING SYSTEM NOT PLACED OIJT OF SERVICE WITHIN 3 DAYS OF DISCOVERY UNTIL REPAIRED,REPLACED,OR CLOSED 1147 DISCHARGE RESPONSE N R 020(2X4) CONTAMINATED SOI.NOT EXCAVATED, DISPOSED OF OR STOCKPILED,IS MANAGED IN ACCORDANCE WITH CHAPTER 82.770, 1140 DISCHARGE RESPONSE FAT N R EQUIPMENT APPROVALSIALTERNAI'E 0.0(1) FACILITY NOT IN COMPLIANCE WITH 1149 PROCEDURES ALTERNATE PROCEDURE N R B5012) EQUIPMENT NOT APPROVED BY EQUIPMENT APPROVALS:'ALTERNATE DEPARTMENT BEFORE INSTALLATION OR 1150 PROCEDURES USE N R 627516 FACILITY OUT OF COMPLIANCE WITH 1161 DISCHARGE PREVENTION 8 RESPONSE REQUIREMENTS OF CHAPTER 82,165N R 2001 REGISTRATION .A(YIida;;b; SYSTEMS NOT REGISTEREON R 401(254)1-S: 2002 REGISTRATION 401(2)(b) REGISTRATION FEES NOT PAIDN R REGISTRATION PLACARD IS NOT DISPLAYED 2003 REGISTRATION 401121(216 IN PLAIN VIEWN R 2004 FINANCIAL.RESPONSIBILITY 401(3) NO FINANCIAL RESPONSIBILITYB R 30 DAY NOTIFICATION BEFORE IIS TALLITION OR UPGRADE NOT 2005 NOTIFICATION E REPORTING 45,0JI4;1 SUBMITTEDN N 0 DAY NOTIFICATION BEFORE API 563 INSPECTION,CHANGE IN SERVICE STATUS. CLOSURE.OR CLOSURE.ASSESSMENT NOT 2000 NOTIFICATION.;REPORTING 453:11;6,; SUBMITTEDN N 43 HOUR NOTIFICATION BEFORE INSTAI:.:.TION'CLOSURE ACTIVITY,AP,MEI INSPECTION,CHANGE IN SERVICE STA 145, 2007 NOTIFICATION B REPORTING 451(1Ti2)3 ANC)TIGHTNESS TESTS NOT SUBMITTEDN N EME RGOUT-OE-SERVICE NOTIFICATION BEFORE)JET?BUSINESS DAY 2008 NOTIFICATION i REPORTING 457(1)1414 NOT SUBMITTEDN N REGISTRAR:NN UPDATE AFTER CHANGE OF OWNERSHIP,CLC.1SURE:UPGRADE.OR CHANGE IN FINANCIAL RESPONSIBILITY NOT 2009 NOTIFICATION i REPORTING 4510561 SUBMITTED WITHIN 30 DAYSN N INCIDENT NOT REPORTED WITHIN 24 HOURS 2010 NOTIFICATION€REPORTING 457(2) OR DY NEXT BUSINESS DAYN N DISCHARGE NOT REPORTED WITHIN 24 2011 NOTIFICATION 3 REPORTING 45.,3:,41 HOURS CR BY NEXT BUSINESS DAY B N COPY OF ANALYTICAL CR FIELD TEST RESULTS CONFIRMING DISCHARGE NOT 2012 NOTIFICATION&REPORTING 451(355) SUBMITTED'WITH DRF N R CATEGORY C SYSTEMS.GENERAL 2013 PERFORMANCE 50111)14) SIRING REQUIREMENTS NOT MET N 1 CATEGORY C SYSTEMS-GENERAL AST SYSTEM EXTERIOR COATING DOES NOT 2014 PERFORMANCE 501(1)(6) MEET STANDARDS N IMPERIOUS SPILL CONTAINMENT NOT CATEGORY C SYSTEMS•GENERA,. INSTALLED OR DOES NOT MEET 2016 PERFORMANCE 60111)1V1 STANDARDS B I CATEGORY C SYSTEMS..GENERA,. DISPENSING SYSTEMS DO NOT MEET 2016 PERFORMANCE 601(1)141 STANDARDS N I CATEGORY C SYSTEMS'GENERAL SECONDARY CONTAINMENT;LINERS DOES 2017 PERFORMANCE 501(154)1.2 NCiT MEET STANDARDS B CATEGORY C SYSTEMS-GENERAL CONCRETE SECONDARY CONTA111MEST 2012 PERFORMANCE 501(1)(e)3 DOES NOT MEET STANDARDS B I SECONDARY CONTAiNMEI'i",LOT PROPERLY DESIGNED OR CONSTRUCTED FOR CATEGORY C SYSTEMS,.GENERAL RELEASE DETECTION.OR CATHODIC 2019 PERFORMANCE 501(158)4 PROTECTION N CAYEGC'-P'Y C SYSTEMS'GENERAL FAILURE TO ALLOW FOR,PERFORM A 2020 PERFORMANCE 501IT)iH S BREACH OF INTEGRITY TEST N I CATS ETRY C SYSTEMS-GENERAL PAILLIRE TO PROVIDE A MONITORING POINT 2021 PERFORMANCE 501(150(8 FOR SECONDARY CONTAINMENT N I CATEGORY C SYSTEMS-GENERAL HYDRANT PN-SECONDARY CONTAINMENT 2022 PERFORMANCE 501056)i DOES NOT MEET STANDARDS N I CATHODIC PROTECTION TEST CATEGORY C SYSTEMS-GENERAL STATION.MONITORING METHOD NOT 2023 PERFORMANCE 501)1501 DESIGNED AND I`:ST.ALLE'D PROPERLY N I CAT1iODIC PROTECTION TEST CATEGORY C SYSTEMS.GENERA,. STATIOILIMETHOD AND OPERATION DOES 2024 PERFORMANCE MINI gOS PLOT MEET REQUIREMENTS N I CATHODIC PROTECTION NOT DESIGNED BY 2026 ^61(105 CORROSION PROFESSIONAL N I CATEGORY C SYSTEMS•GENERA,. ABOVEGROUND TANK REL OCAT'.CN 2026 PERFORMANCE 60i0)I3I REQUIREMENT'S NOT MET N I CATEGORY C SYSTEMS-GENERAL 2027 PERFORMANCE 501(1)(6) REUSED TANKS NOT PROPERLY CERTIFIED N R iNS TAILED ACCORDING TO NEPA".10.NEPA 30A.PEI RP 2011.06.AND TO 2029 CATEGORY C SYSTEMS-ASI'SYSTEMS S31y2)(0J MANUFACTURER'S INSTRUCTIONS N I SHOP.FABRICATED TANKS NOT CONSTRUCTED TO REFERENCE STANDARDS OR APPROVED PER 52- 2029 CATEGORY C SYSTEMS.AST SYSTEMS T/1I1250)1 7011190(7 N R FIELD.ERECTED TANKS NOT CONSTRUCTED TO REFERENCE STANDARDS OR APPROVED 2030 CATEGORY C SYSTEMS.AST SYSTEMS SOIL2H672 PER 62-7618501(21 N R • NEW FIELD ERECTED TANKS DOES NOT HAVE API 653 INSPECTION SCHEDULE 2031 CATEGORY C SYSTEMS•AST SYSTEMS E01(DUNS ESTABLISHED N R CATHODIC PROTECTION INSTALLATION 2032 CATEGORY C SYSTEMS-AST SYSTEMS 501(2)I)4 DOES NOT MEET REQUIREMENTS N R INSTALLED WITH SECONDARY CONTAINMENT FOR NON-EXEMPT AST 2033 CATEGORY C SYSTEMS•AST SYSTEMS 501(23c) SYSTEMS B I CONTAINMENT BENEATH FIELD ERECTED 2034 CATEGORY C SYSTEMS-AST SYSTEMS 501(2)(5)2 TANK DOES NOT MEET API 650 B I DIKE FIELD CONTAINMENT DOES NOT 2035 CATEGORY C SYSTEMS.AST SYSTEMS 5011211513. MEETS NEPA 30 CH.2.3 5 I 2038 CATEGORY C SYSTEMS-AST SYSTEMS 501(2)L01313 110%CONTAINMENT NOT MET N I CONTAINMENT NOT PROVIDED WITH 2037 CATEGORY C SYSTEMS.AST SYSTEMS 50121(9)3D DRAINAGE N 1 PENETRATIONS THROUGH CONTAINMENT TAINMENT 2035 CATEGORY C SYSTEMS-AST SYSTEMS 501(285139 NOT PROPERLY SEALED N I STEEL CONTAINMENT NOT TESTED PER UL 2034 CATEGORY C SYSTEMS-AST SYSTEMS 501(21(8136 142 N I 2040 CATEGORY C SYSTEMS-AST SYSTEMS 501(28311 FUEL TRANSFER NOT MONITORED B I CIVE.RPIL.1.PROTECTION HOT PERFORMED PER API RP 2.161 FOR WATERFRONT FACILITIES WITH FIELD ERECTED GASOLINE 2041 CATEGORY C SYSTEMS-AS"SYSTEMS 531(2)(4)2 STORAGE TANKS B 1 FILLSDV COVERS NOT MARKED ACCORDING 2042 CATEGORY C SYSTEMS.AST SYSTEMS 53.,:2-090 TO API RP 1637,OR EQUVALF.NT METHOD N I LEVEL GAUGEI'11.EVEL ULARMIPUMP 2043 CATEGORY C SYSTEMS-AST SYSTEMS 5211(2((d;4 SFIUTOFF:GAUGING STICK NOT PPCAVI'DED B I DISPENSER LINERS NOT INSTAL,LTV TESTED AND ALLOW FOR INTERSTITIAL. 2044 CATEGORY C SSYSTEMS-AST SYSTEMS .3112)(3: MONITORING B I PIPING SUMPS NOT INSTALLED,TESTED 2045 CATEGORY C SYSTEMS-AST SYSTEMS 501(2)0i AND ALLOW FOR INTERSTITIAL MONITORING B I NOT INSTALLED ACCORDING TO REFERENCE.STANDARDS-NFPA:V1,30.A. SOME 831.4,AND MANUFACTURER'S 2046 CATEGORY C SYSTEMS-INTEGRAL PIPING %11(3)(0)1,2 1NSIRLICTIONS 8 I ASK'ASSOCIATED PIPING Nov APPROPRIATELY TESTED BEFORE PLACED 2047 CATEGORY C SYSTEMS•INTEGRAL PIPING 501(3)(3)3 IN SERVICE N I NEW PIPING NOT IN CONTACT WITH SOIL 2045 CATEGORY C SYSTEMS-INTEGRAL PIPING 601(31104 NOT INSTALLED TO STANDARDS B I PIPING NOT MEETING REFERENCE STANDARDS AND.OR APPROVED PER E.G 2048 CATEGORY C SYSSTEEMS-INTEGRAL.PIPING 501(3)(b) 762.651111 B R SMALL.DIAMETER PIPING PRESSURIZED: SHEAR,EMERGENCY SHUTOFF VALVES NOT 2050 CATEGORY C SYSTEMS-INTEGRAL PIPING :31130011 PROPERLY INSTALLED N I SMALL DIAMETER PIPING WITH GRAVITY HEAD:ISOLATION VALVES 5.2T PROPERLY INSTALLED AND NOT MEETING NFPA 30A 2051 CATEGORY C SYSTEMS.INTEGRAL PIPING :,X1(31(0)2 SECTION 2.17 N I BULK PRODUCT PIPING NOT INSTALLED ACCORDING TO REFERENCE STANDARDS- 2052 CATEGORY C SYSTEMS-INTEGRAL PIPING 501(1((4) NEPA 3IL.30A.ASME 831 4 0 I PIPING IN SOIL OR OVER WATER DOES NOT 2953 CATEGORY C SYSTEMS-INTEGRAL.PIPING 60113)(01 HAVE.SECONDARY CONTAINMENT B I BULK PRODUCT ANTI REMOTE.FILL PIPING IN SOIL DOES NOT HAVE SECONDARY 2054 CATEGORY C SYSTEMS.INTEGRAL PIPING 50113)16(2-3 CONTAINMENT B I CATEGORY AB SYSTEMS-GENERAL SHEAR OR EMERGENCY SHUTOFF VALVES 2055 PERFORMANCE SI 1(1)(0)1 NOT INSTALLED BY 123311I 098 B I CATEGORY ALE SYSTEMS-GENERAL NO CATHODIC PROTECTION TEST STATION 2065 PERFOF;IAS:LE S71I1107)2 METHOD BY 1213111995 N I CA'FFGCR Y AEE SYSTEMS-GENERAL. UST'S REINSTALLED AS AS ER NOT MEETING 2057 PERFORMANCE 8Lt(1)(8)3 RULE 851931/1390 N R NO CLOSURE ASSESSMENT PRIOR TO TANK CATEGORY VIA SYSTEMS-GENERAL SYSTEM COMPONENT INSTALLATION OR 2068 PERFORMANCE 511(1)151 UPGRADE B R NO VALVES MEETING NEPA:IA.STANDARDS CATEGORY AiS SYSTEMS.GENERAL INSTALLED FOR PIPING SYSTEMS WITH 206$ PERFORMANCE 511(1)(4) GRAVITY HEAD N I CATEGORY AIR SYSTEMS-GENERAL NO SECONDARY CONTAINMENT FOR PIPE 2060 PERFORMANCE 51101(3) OVER WATER BY 12.21.265: 8 I HAS NOT MET 17-61 REQUIREMENTS BY 2061 CATEGORY(LIB SYSTEMS•AST SYSTEMS 511(2)(8) 11T:1TPI0 IF APPLICABLE A N CATEGORY 0 ASTSS NOT INSTALLED WITH 2062 CATEGORY ALE;SYSTEMS-AST SYSTEMS 511,21101 SECONDARY CONTAINMENT A I CATEGORY B PIPING NOT INSTALLED WITH 2003 CATEGORY NB SYSTEMS•AST SYSTEMS 511(255) SECONDARY CONTAINMENT A I CATEGORY'A 8 B ASPS DO 1101 MEET 2084 CATEGORY AIR SYSTEMS-AST SYSTEMS 51112101 REQUIREMENTS OF TABLE AST A I CANNOT DETECT A NEW RELEASE FROM 2005 RELEASE DETECTION•GENERAL 611(1)(3;1 ANY PORTION OF THE SYSTE61 N I NOT INSTALLED.CALIBRATED.OPERATED 2068 RELEASE DETECTION-GENERAL I'I(1)(812 PER MANUFACTURER'S SPECIFICATIONS N I NOT MEETING PERFORMANCE STANDARDS, NOR ALL MANUFACTURER'S CLAIMS 2057 RELEASE.DETECTION-GENERAL 661(1116)3 RETAINED N R RELEASE DETECTION METHOD NOT 2068 RELEASE DETECTION•GENERAL, 130(1)(8) PROVIDED UPON INSTALLATION N R RELEASE DETECTION NOT PERFORMED AT 2060 RELEASE DETECTION GENERAL 631(11)4) LEAST ONCE A MONTH B R VISIBLE STORAGE TANK COMPONENTS AND CONTINUOUS ELECTRONIC LEAK 2070 RELEASE DETECTA:N-GENERAL V.1:1;10;. DETECTION NOT INSPECTED MONTHLY N R SITE SUITABILITY DETERMINATION NOT 2071 RELEASE DETECTIONN-GENERA). 801(186 PERFORMED BY 111120K B R VAPOR MONITORING PLANS NOT IN PLACE 2972 RELEASE DETECTION•GENERAL 1;1(111:9) BY 1%1::+)00 8 R NO INTERSTITIAL MONITORING FOR 2073 RELEASE DETECTIONN-GE.NER.AL 501(1051 SEEEINSARY CONTAINMENT B I LINE LEAK DETECTOR NOT PROVIDED FOR 2974 RELEASE DETECTION•GENERAL 631,139 PRESSURLEE.D PIPING B I STORAGE TANK SYSTEM WITHOUT RELEASE DETECTION BY DUE DATE NOT 2076 RELEASE DETECTION-GENERAL %111150 PERMANENTLY CLOSED B I MONITORING WELLS ILEI LONGER USED FOR 2078 RELEASE DETECTION-GENERAL 0111(1881 RELEASE.DETECTION NOT CLOSED N I GROUNDWATER MONTSCE INTO OR SPCC PLANS SHALL NOT MEETING:Iii-?fit 11:5111(5) 2077 RELEASE DET:ECTIOIS-AST SYSTEMS 90I(21(8; BY 1231.1990 N R MGNITCRING'WELLS DO NOT MEET 62- 2075 RELEASE DETEO 1051-AST SYSTEMS 60'I(2;(x; 781 0.1)121 BY I11.2000 DR NOT CLOSED N I RELEASE DETECTION FOR FIELD-ERECTED TANKS DOES NOT MEET API STANDARD 060 2079 RELEASE DETECTION.AST SYSTEMS 601(2891 APPENDIX I N R RELEASE DETECTION FOR INTERNALLY- 2580 RELEASE DETECTIOON•AST SYSTEMS 1.0112(;0) LINED'TANKS DOES NOT MEET 112451.640(2) B NO RELEASE DETECTION FOR AST PIPING IN 2001 RELEASE DETECTION-AST SYSTEMS 6011125(0) CONTACT WITH THE SOIL B GROUNDWATER MONITORiIIE PLAN OR SPCC PLAN NOT MEETING 62-76)6.11 BY 2082 RELEASE DETECTION•AST^SYSTEMS 601121/5 12131:1559 N 1 VISUAL INSPECTION FOR HIGH V1.SCCSIT4 2083 RELEASE DETECTION.AST SYSTEMS 631(200) ASTS B I CATEGORIES A 3 B RELEASE DETECTION 2084 RELEASE DETECTION•GENERAL 611111101 NOT MEETING STANDARDS B I CATEGORY C SYSTEM DOES NOT SAVE APPROVED RELEASE DETECTION METHOD INTERSTITIAL MONITORING.LEAK DETECTOR AND BREACH OF INTEGRITY AS 2085 RELEASE DETECTION•GENERAL El ITT 1;A1 APPLICABLE A I CATEGORY A 8 B TANKS DOES NOT HAVE 2086 RELEASE DETECTION-AST SYSTEMS ST 11211 APPROVED RELEASE DETECTION METHODA I VISUAL INSPECTION OF EXEMPT OR SINGLE WALLED.ASI'SYSTEM AND CONTAINMENT 2087 RELEASE DETECTION-AST SYSTEMS 61112118)2 NOT PERFORMED ONCE A.MONTHB N INTERNALLY LINED AND CUT AND COVER TANKS DO NOT HAVE RELEASE DETECTION 2088 RELEASE DETECTION-AST SYSTEMS 611(2)(0)3 METHODB N VISUAL INSPECTIONS NOT CONDUCTED 2088 RELEASE DETECTION-AST SYSTEMS 6110)10) PROPERLY ONCE A MONTH B N SINGLE WALLED SUCTION PIPING DOES NOT RELEASE DETECTION-SMALL DIAMETER HAVE ANNUAL LINE TEST OR 62.751 64i N 2090 PIPING 611(3)(9)1 METHOD B SINGLE WALLED PRESSURIZED PIANO DOES NOT HAVE MECHANICAL LEAK RELEASE DETECTION-SMALL DIAMETER DETECTORS!ANNUAL TIGHTNESS TEST.OR 2091 PIPING 611(35912 ELECTRONIC LEAK DETECTOR 0 RELEASE DETECTION-SMALL DIAMETER SUCTION PUMP.NO WRITTEN 2092 PIPING 611(:1)11)30 VERIFICATION OF OPTIONAL CHECK VALVE B RELEASE.DETECTION-SMALL.DIAMETER ABOVEGROUND PIPING NOT VISUALLY 2093 PIPING 611(3)(5) INSPECTED B N SECONDARY-CONTAINED PIPING IN M01211 TACT WITH SOIL DOES NEXT HAVE /E.RSTETIA/.MONITORING,UNE LEAK RELEASE DETECTION-SMALL DIAMETER DETECTOR IF APPLICABLE..ANDA BREACH 2094 PIANS AL 1/51I31 OF INTEGRITY TESTING METHOD N SINGLE WALLED BOLO PRODUCT PIPING IN CONTACT WITH SOIL NOT PRESSURE RELEASE DETECTION-BULKS HYDRANT TESTTEI)YEARLY NOR MONTHLY RELEASE. 2096 PIPING 61113)96)1 DETECTIONSYSTEM B N RELEASE DETECTION-BULK&HYDRANT NO MONTHLY VISUAL.INSPECTION OF 2098 PIPING 611(355)2 ABOVEGROUND OR EXEMPT PIPE B N SECONDARILY CONTAINED PIPING IN CONTACT MTH SOIL DOES NOT HAVE RELEASE DETECTION-BULKS HYDRANT :INTERSITII*i.MONITORING AND BREACH OF 2997 P15161) 611131115;1 INIEORI TY B DEVICE DOES NOT MEET GENERAL STANDARDS:CANNOT DETECT 0.2 GALRiR OR 153 GALLON RELEASE WITIiIN 30 DAY; WITH 015 DETECTION PROBABILITY AND 2998 RELEASE DETECTION-GENERAI. 641(1)(0) 0.05 FALSE ALARM PROBABILITYN R RELEASE DETECTION METHOD HAS NO DEP EQUIPMENT APPROVAL IN ACCORDANCE 2099 RELEASE DETECTION 641(11)AB) WITH 6'2.762.651(11 N R "i NO RELEASE DETECI-N RESPONSE'E'VEI. 2100 RELEASE DETECTIONGENERAL !"1111.10DESCRIBED INVRIiN N R MONITORING WELL CONSTRUCTION 64((2;(0)8 STANDARDS NOT MET,SITE SUITABILITY 2101 RELEASE DETECTION•EXTERNAL 641(2)11I NOT PERFORMED PROPERLY N I GROUNDWATER MONITORING NOT 2102 RELEASE DETECTION-EXTERNAL L4112110 PERFORMED TO;STANDARDS N I VAPOR MONIIOR1NG NOT PERFORMED TO 2103 RELEASE DETECTION-EXTERNAL 6411205.1 STANDARDSN I PROBLEMS FOUND DURING VISUAL 2104 RELEASE DETECTION-EXTERNAL 6.31(2)(9) INSPECTIONS NOT NOTEDN I INTERSTITIAL MONITORING METHOD)DOES 2105 RELEASE DETECTION-INTERNAL 641)3)(9)1 NOT MEET STANDARDSN R DOES NOT MEET VACUUM MONITOR/NG 2109 RELEASE DETECTION-INTERNAL 15(1(31;913 METHOD STANDARDSN R INTERSTITIAL MONITORING METHOD FOR LINER SYSTEMS DOES NOT MEET 2107 RELEASE DETECTION INTERNAL 641(3)(3)4 STANDARDS N I INVENTORY CONTROL NOT MAINTAINED 2148 RELEASE DETECTION-INTERNAL ISITITIIUI2 FOR SHOP-FABRICATED ASPS N R 1N'VENI'ORY CONTROL NOT MAINTAINED 2109 RELEASE DETECTION-INTERNAL 641)350)3 FOR FIELD-ERECTED ASTS N R REPAIRS OPERATo,/8 MAINTENANCE. NOT REPAIRED COMPONENT WHICH HAS DR 2110 GENERAL 701(111a11 COULD CAUSE A DISCHARGE N REPAIRS OPERATION 3 MAINTENANCE- NEXT TAKEN OUT OF SHERATON UNTIL. 2111 GENERAL '701(110)2 REPAIR*MADE B I REPAIRS OPER.Ai1C)N A MAIN'T'ENANCE- NOT REPAIRED PER NEPA:20 OR OTHER 2112 GENERAL /01110813 APPLICABLE STANDARDS N REPAIRED COMPONENTS NOT TESTED AS REPAIRS OPERATION k MAINTENANCE- N I 2113 GENERAL '701(1119)4 APPLICABLE REPAIR:(OPERATION 8 MAINTENANCE. REPAIRS TO TANKS NOT MADE BY 2114 GENERAL 70111)1815 AUT'TIOR'Z.E.D REPRESENTATIVE N I REPAIRS OPERATION 3 MAINTENANCE- PIPING THAT 13,DAMAGED OR HAS 1')II),,Ai! ""'-THROE)IS NOT REPLACED N 2115 GENERAL NOT OPERATED AND MAINTAINED TO 2110 REPAIRS)LPERAITON S MAINTENANCE-OP 7011111131 PROVIDE CCN IIN11OUS PROTECTION N NOT INSPECTE'.A MONTHS AFTER INSTALLAI ION OR REPAIR AND ANNUALLYI3 2117 REPAIRS OPERATION B MAINTENANCE-CP 101(154229 YEARS N IMPRESSED CURRENT SYSTEM NOT 2118 REPAIRS OPERATION 8 MAINTENANCE-CF 70111)15)25 INSPECTED EVERY TWOMONHN N R SYSTEMS THAT DO NOT MEET REQUIREMENTS NOT REPAIREDT'A'AEN OUT 2119 REPAIRS OPERATION 6 MAINTENANCE..CP 751(1)5/}3 OF SERVICE N I SPILL CONTAINMENT,DISPENSER LINERS AND PIPING SUMPS ACCESSIBLE.WATER REPAIRS OPERATION S MAINTENANCE-O 8 AND REGULATED SUBSTANCES NOT 2120 M 701(11(0;1 REMOVED N NOT ENSURED VOLUME AVAILABLE IN TANK IS GREATER THAN THE VOLUME TRANSFERRED ANDTOR FAILURE TO REPAIRS OPERATIONS MAINTENANCE-08 MONITOR DURING PRODUCT TRANSFER N R 2121 51 '701111(4;2 OPERATION REPAIRS OPERATION&MAINTENANCE'0 3 RELEASE.DETECTION DEVICES NOT TESTED 2122 M 701(11483 ANNUALLY N R INVENTORY CONTROL FOR VEHICULAR REPAIRS OPERATION 8 MAINTENANCE-0 8 FUEL TANKS WITHOUT SECONDARY 2123 M YDI1Ii(4)1 CONTAINMENT NOT USED N R REPAIRS OPERATION&MAINTENANCE- STORMWATER NOT DRAWN TOFF WITHIN 2124 AST SYSTEMS '701(2)(4)1 ONE WEEK N I REPAIRS OPERATION 8 MAINTENANCE• STORMWATER WAS DISCHARGED 2126 AST SYSTEMS 701(2012 UNTREATED WHEN IT HAS A VISIBLE SHEEN N I REPAIRS OPERATION 3 MAINTENANCE DRAIN VALVES NOT TEET CI.SUED EXCEPT 2126 AST SYSTEMS 7)(2Cc) WHEN DRAWING)TFT SIIiRM'WATER N I REPAIRS OPERATION&MAINTENANCE- FIELD ERECTED TANKS NOT EVALUATED, 2127 AST SYSTEMS 701(3) RETESTED:END-TR R.S PAIRED PER APINT3 N I REPAIRS OPERATION 8 MAINTENANCE• SMALL DIAMETER PIPTVG NOT TIGHTNESS 2126 AST SYSTEMS 701;-1(4) TESTED SEFCR_RE`_\N',NG TO SERVICE N R REPAIRS OPERATIONS MAINTENANCE. BULKhrcDRAR T PIPING NC:T PRESSURE. 212$ AST SYSTEMS 7011)4)(b) TESTED BEFORE RETURNING TO SERVICE N R RULE PRODUCT PIPING OVER WATER NOT REPAIRS OPERATION B MAINTENANCE- TESTED ANNUAI.L'E.NOT MAINTAINED PER 2130 AST SYSTEMS 70)(S) CFR 31 N R REPAIRS OPERATION 8 MAINTENANCE.- SECONDARY CC3NTATJMENT RUT REPAIRED 2131 AST SYSTEMS 701(0) PER61•761.10,V DIET N 1 PERMANENT RECORDS NOT AVA0 ASLE WITHIN S WORKING DAYS NOTICE,NO 2132 RECORD KEEPING 7I I(1) REASONABLE FACILITY ACCESS N N RECORDS REQUIRING SEAR DOCUMENTATION PERIOD NOT KEPT EY 2133 RECORD KEEPING 711;21 FACILITY N N • RECORDS REOUIREO FOR LIFE OF SYSTEM 2134 RECORD KEEPING 711(3) NOT KEPT RY FACILITY N N REQUIREMENTS NOT NIET FOR FIELD ERECTED TANKS TAKEN TEMPORARILY GUT 2136 OUT OF SERVICE.•GENERAL. „KIT) OF SERVICE N 1 REQUIREMENTS NOT MET FOR OUT OF 2139 OAT OF SERVICE OENERAI. 031(21;3)1 SERVICE SYSTEMS N I UPGRADES AND TESTING NOT PERFORMED 2137 OAT OF SERVICE-GENERAL 801(254)2 BEFORE RETURNING SYSTEM 10 SERVICE N 1 SYSTEM GILT OF SERVICE LONGER THAN 2138 OUT OF SERVICE-UST SYSTEMS 501(2)3)1 ALLOWED TIME LIMIT N 1 NO TTCHTNESS.BREACN OE INTEGRITY TEST 2139 OUT OF SERVICE.LIST SYSTEMS R 1(2)(3)4 BEFORE.RETURNING TO SERVICE N 1 NATO WITHOUT'SECONDARY CONTAINMENT 2140 OUT OF SERVICE-AST SYSTEMS 80/(2)(5) OUT OF SER.ACE FOR MORE THAN S YEARS N 1 SHOP-FABRICATED AND FIELD.ERECTED ASTM NOT RECEIVING INSPECTION 8 EVALUATION PRIOR TO RETURN PO 2141 GUT OF SERVICE-AST SYSTEMS 001,2)(F) SERVICE N I FIELD ERECTED TANK PRODUCT CHANGE 2142 OUT OF SERVICE-AST SYSTEMS 60)(2)(4) OES NOT COMPLY WITH API 853 N R 1.10)1IDS AND SLUDGE.NOT REMOVED FROM 2143 CLOSURE-GENERAL 501(3)(3)13 '1'AN5191 N 1 INTEGRAL PIPING NOT PROPERLY CLOSED, 2144 CLOSURE-GENERA). U---3115)IS MANNNAYS NOT SECURED N 1 MONITORING WELLS NOT CLOSED UPON 2145 CLOSI)RE-GENERAL 5,31(3)(4)1 SYSTEM CLOSURE N I UNMAINTAINED AST SYSTEMS NOT PROPERLY CLOSED WITHIN'53 GAYS CF 2146 CLOSURE-AST SYSTEMS 601(3)(n) DISCOVERY B 1 NOT RENDERED FREE OF EXPLOSIVE. 2147 CLOSURE•ASI SYSTEMS YYI;31c; VAPORS N I NOT PROTECTED FROM FLOTATION 2148 CLOSURE-APT SVS:TEM3 NIi13)(,1; ACCORDING 70 NEPA 30.SECTION 2.6 N I CLOSURE ASSESSMENT REQUIRED AND 2149 CLOSURE-ASSESSMENT 8C1t.11(3)303) NOT PERFORMED N R SAMPLING NOT IN ACCORDANCE WITH APRIL iORV"STORAGE TANK SYSTEM 2160 CLOSURE•ASSESSMENT VSO)(c) CLOSURE ASSESSMENT REQUIREMENTS. N R CLOSURE ASSESSMENT NOT SUBMITTED 2291 CLOSURE-ASSESSMENT 0'f4', WITHIN 80 DAYS 8 N NT WRITTEN CERTIFICATION S`;ITH"R 10 DAYS OF SECONDARY CONTAINMENT UPGRADE FOR ASTS<11a/GALLONS,IN 2162 CLOSURE-AS1 SYSTEMS RUG-ELS LIEU OE CLOSURE N R 2153 DISCHARGE RESPONSE R21(1)l4)I6)TI INCIDENT NOT PROMPTLY INVESTIGATED N N SPILL OR LOSS OF REGULATED SUBSTANCE INTO SECONDARY CONTAINMENT NOT REMOVED WITHIN THREE DAYS OF 2164 DISCHARGE RESPONSE 82)(101 DISCOVERY N N ACTIONS NOT TAKEN IMMEDIATE.:0 TO CONTAIN,REMOVE AND ABATE HIE DISCHARGE.FREE PRODUCT PRESENT NCYT 2155 DISCHARGE RESPONSE 81112)13) BEING REMOVED N R UNKNOWN DISCHARGE SOURCE NOT 2158 DISCHARGE RESPONSE 511)202)1 INVESTIGATED PER NEPA WV CH.3 A 5 N R REGULATED SUBSTANCE NOT REMOVED FROM SYSTEM 70 PREVENT FURTHER 2167 DISCHARGE RESPONSE 521(2)(4)2 DISCHARGE TO I44E ENVIRONMENT N R FIRE.EXPLOSION,AND VAPOR HAZARDS 2168 DISCHARGE RESPONSE H21P21S113 NOT IDENTIFIED AND MITIGATED N R 2169 DISCHARGE RESPONSE 021(2)(0)4 SYSTEM NOT REPAIRED NOR CLOSED N R SYSTEM NOT TESTED UPON AGENCY DETERMINATION OF DISCHARGE OR 2110 DISCHARGE RESPONSE 821/240/ RELEASE DETECTION ISSUE N R SYSTEM NOT TESTED WITHIN 3 DAYS TO 2161 DISCTKARGE RESPONSE $21(21)4)1 CONFIRM A DISCHARGE.IF NECESSARY N R LEAKING SYSTEM NOT PLACED OUT OE SERVICE WITHIN 3 DAYS OF DISCOVERY 2162 DISCHARGE RESPONSE 821(2)(4)2 UNTIL REPAIRED.REPLACED,OR CLOSED N R CONTAMINATED SOT.NOT EXCAVATED. DISPOSED OF OR STOCKPILED,IS MANAGED IN ACCORDANCE W1TH CHAPTER 52-7T0.. 2163 DISCHARGE RESPONSE 821121191 FAC N R EQUIPMENT APPROYALSIAL TERNIATE FACILITY NOT IN COMPLIANCE WITH 2164 PROCEDURES 851111 ALTERNATE PROCEDURE N R EQUIPMENT NOT APPROVED SY EQUIPMENT APPROVALS,ALTERNATE DEPARTMENT BEFORE INSTALLATION OR 2156 PROCEDURES 851(2) USE N R MINERAL ACID TANK SYSTEMS NOT 2199 MINERAL ACID SYSTEMS 8511515),101 REGISTERED WITH THE DEPARTMENT N R REGISTRATION PLACARD NOT DISPLAYED IN 1107 MINERAL ACID SYSTEMS 891(3)(0) PLAIN VIEW N R e Nt)NCOFICS IKIN OF CHANGE TO REGISTRATION INFORMATION OR NO REPORTING OF A RELEASE INTO SECONDARY CONTAINMENT WITHIN 2162 MINERAL ACID SYSTEMS 891(5) ESTABLISHED TIMEFRAMES N N DISCHARGE.REPORT W)T F1.ED FOR RELEASE OF MINERAL STILT SUBSTANCE IN EXCESS OF ESTABLISHED LEVELS,WITHIN 2108 MINERAL ACID SYSTEMS 881(6) 2.1I IR51 WORK DAY B N TANKS IN OPERATION BEFORE.IDLY 1,1992 DO NJ!'HAVE CONTAINMENT A INTECINIT I 2110 MINERAL ACID SYSTEMS 88+I(1)ia)1 PLAN OR SECONDARY CONTAINMENT N NEW TANKS INSTALLED AFTER JULY'.,1962 2171 MINERAL ACID SYSTEMS 891)711102 DO NOT HAVE.SECONDARY CONTAINMENT A CONTAINMENT&INTEGRITY PLAN NOT 2172 MINERAL ACID SYSTEMS 861(7)(0) REVIEWED%UPDATED EVERY 2 YRS BY CONTAINMENT A INTEGRITY PLAN CONTAINS NO DOCUMENTATION ON CONSTRUCTION, MAINTENANCE WATER LOCATION, 2173 MINERAL.ACID SYSTEMS 8. (7)(11=7 CLEANUP PROCEDURES-AD REOU!RF.D N R NOPE CERTIFICATION DOCUMENTS PROPER SECONDARY CONTAINMENT, 2178 MINERAL ACID SYSTEMS 88!(7)(c) WHERE SIP NOT USED N R TANKS INSTALLED AFTER JULY T 1892 DO NOT HAVE SECONDARY CONTAINMENT V 2176 MINERAL.ACID SYSTEMS 691(71III: LINERS INSTALLED AFTER JULY 131390 B PC CERTIFICATION OF TANK IIJSPECTIONEMAINTENANCE NOT IN 2178 MINER=!.'• SYSM.AMS )3. ACCORDANCE WITH CIP N R CONTAINMENT&INTEGRITY PLAN OR CERTIFICATION OF SECONDARY CONTAINMENT NOT AVAILABLE FOR 2177 MINERAL ACID SYSTEMS 69I(8) INSPECTION N R APPROPRIATE ACTIONS NOT TAKEN IN THE EVENT OF A DISCHARGE-PRODUCT 2178 MINERAL ACID SYSTEMS 881(8)(8) REMOVA✓TANK REPAIR CLOSURE N ACTION IMMEDIATELY NOT'TAKEN TO CONTAIN.NEUTRALIZE,ABATE A 2179 MINERAL ACID SYSTEMS 5511 501 DISCHARGE N FAS-IOW OUT OF COMPLIANCE WITH 2180 DISCHARGE PREVENTION&RESPONSE 62N.16 REQUIREMENTS OF CHAPTER 62.18N N R violation Old 1D Rule Root Rule Number(s) Citation Significance Reevaluation Short description Violation Code 4000 62-761.100 62-761.100(3) Site access to the facility and Minor Inspection No reasonable 1122 individual storage tank systems or access provided. system components,subject to safety considerations,shall be provided for compliance inspections conducted at reasonable times and with notice by phone or email.The facility owner or operator shall provide an authorized facility representative to unlock and open any covers, manways,and release detection equipment associated with the storage tank system or system component and demonstrate operational functionality of electronic equipment. 4001 62-761.350 62-761.350(1) Owners or operators shall identify Minor Review Operator Training and designate for each in-service records not underground storage tank system available. facility,including unmanned facilities,at least one named individual for each class of operator —Class A,Class B,and Class C. 4001 62-761.350 62-761.350(1)(c) Minor Review Operator Training An individual may be designated as records not a Class A operator for one or more available. facilities.An individual may be designated as a Class B operator for one or more,but not to exceed 50 facilities.An individual Class C operator must be specifically trained for each facility. t") 4001 62-761.350 62-761.350(1)(d) During hours of operation,tacilities Minor Review Operator Training must have at least one certified records not operator(either a Class A,Class B, available. or Class C operator)present at the facility,except when a facility is unmanned.A facility is considered unmanned when during the normal course of business,and after hours of operation,there is routinely no Class A,B,or C operator present at the facility who could respond to alarms or emergencies related to the storage tank systems. (Examples of unmanned facilities include,but are not limited to,card lock or card access fueling stations, telecommunication towers or utility transfer stations serviced by emergency generator storage tank systems,and unattended storage tank systems located at industrial facilities.)Unmanned facilities must have weather resistant signage clearly visible from any dispenser which instructs users with regard to basic safety procedures,provides the customer with a 24-hour telephone number to contact a Class A,B,or C operator for the facility and provides instruction on rnntartino Inrai annaraanry 4001 62-761.350 62- Minor Review Operator Training 761.350(3)(b)2. Class A and Class B operators must records not ensure that site-specific emergency available. response procedures are maintained in an easily accessible location at the facility which is immediately available to the Class C operator,and that site-specific notices that include the location of emergency shut-off devices and appropriate emergency contact telephone numbers are posted in a prominent area at the facility that is easily visible to the Class C operator.For the purposes of this subsection,the phrase"easily accessible location"means located in a place and manner that allows a Class C operator quick and immediate access to site-specific emergency response procedures. 4001 62-761.350 62-761.350(5)(a) Deadlines. Minor Review Operator Training By October 13,2018,owners or records not operators of underground storage available. tank system facilities must designate at least one Class A,Class B,and Class C operator for each facility who has completed an approved operator training course. • . r 4001 62-761.350 62-761.350(5)(b) By October 13,2018,Class A or Minor Review Operator Training Class B operators shall be records not designated by a facility owner or available. operator within 30 calendar days of assuming operation and maintenance responsibilities at the facility 4001 62-761.350 62-761.350(5)(c) By October 13,2018,Class C Minor Review Operator Training operators shall be designated by a records not facility owner or operator,prior to available. assuming unsupervised responsibility for responding to emergencies at the facility. 4001 62-761.350 62-761.350(7) Minor Review Operator Training Documentation. Owners and operators of records not underground storage tank system available. facilities,except unmanned facilities,must maintain required training certification documentation as described in this rule on-site and must provide it upon request to the county or Department.Documentation may be maintained electronically off-site if that facility has the capability of producing a clear printed copy which can be provided to the Department within 72 hours. Owners and operators of unmanned underground storage tank system facilities must provide documentation as requested by the Department. 4002 62-761.400 62-761.400(1)(b) For new facilities,which are Minor Review For a new 1001 facilities that began construction system, after January 11,2017, a Registration Form completed Form 62-761.900(2), not submitted. Storage Tank Facility Registration Form(Registration Form), January 11,2017,hereby adopted and incorporated by reference,shall be submitted in electronic or paper format to the Department no later than 30 days prior to installation. For facilities with existing registered storage tank systems,a completed Registration Form shall be submitted in electronic or paper format to the Department no later than seven days prior to regulated substances being put into any new storage system. 0 4003 62-761.400 62-761.400(1)(c) Minor Review For Installation, A completed Form 62-761.900(5), Certified Underground Storage Tank System Contractors Form Installation and Removal Form for not submitted. Certified Contractors(Certified Contractors Form), January 11, 2017,hereby adopted and incorporated by reference,shall be submitted in paper or electronic format to the County no later than 21 days after installation of a storage tank system,storage tank, or integral piping. 4004 62-761.400 62-761.400(2) Minor Review Registration Form 1001 For change in service status or not submitted for closure pursuant to Rule 62- change in service 761.800,F.A.C.: or closure. 4004 62-761.400 62-761.400(2)(a) A completed Registration Form Minor Review Registration Form 1001 shall be submitted to the not submitted for Department in paper or electronic change in service format within 10 days after or closure. completion of the change in service status or closure. 4005 62-761.400 62-761.400(2)(b) A completed Certified Contractors Minor Review For Closure, Form shall be submitted to the Certified County in paper or electronic Contractors Form format no later than 21 days after not submitted. removal of a storage tank system. 4006 62-761.400 62-761.400(3) Minor Review Following owner 1001,1009 A completed Registration Form change or shall be submitted to the discovery of Department in paper or electronic unregistered format within 10 days of the facility, following changes or discovery: Registration Form not submitted. 4006 62-761.400 62-761.400(3)(a) Minor Review Following owner 1001,1009 Any change in the owner or change or operator of a facility or of a storage discovery of tank system. unregistered facility, Registration Form not submitted. 4006 62-761.400 62-761.400(3)(b) Any change or correction in the Minor Review Following owner 1001,1009 information reported in the change or Registration Form.A change within discovery of the same blend of regulated unregistered substances should not be reported facility, (e.g.,regular unleaded to premium Registration Form unleaded gasoline);and not submitted. 4006 62-761.400 62-761.400(3)(c) Minor Review Following owner 1001,1009 change or discovery of The discovery of an unregistered unregistered storage tank system. facility, Registration Form not submitted. 4007 62-761.400 62-761.400(4) Registration fees. Minor Review Registration fees 1002 not paid. 0 4007 62-761.400 62-761.400(4)(a) Registration fees are due from the Minor Review Registration fees 1002 tank or facility owner or operator, not paid. as indicated in this subsection,for all storage tank systems required to be registered.Registration fees for storage tank systems that have been properly closed in accordance with subsection 62-761.800(2), F.A.C.,will no longer be due once any outstanding fees have been paid. 4007 62-761.400 62-761.400(4)(b) A fee of$50.00 per tank shall be Minor Review Registration fees 1002 submitted for each initial not paid. registration of a storage tank system.The fee shall be paid within 30 days after receipt of an invoice by the Deoartment. 4007 62-761.400 62-761.400(4)(c) A renewal fee of$25.00 per tank Minor Review Registration fees 1002 shall be paid to the Department for not paid. each storage tank system by July 1 each year. 4007 62-761.400 62-761.400(4)(d) A fee of$25.00 per tank shall be Minor Review Registration fees 1002 paid to the Department for each not paid. tank that is replaced.The fee shall be paid within 30 days after receipt of an invoice by the Department. 4007 62-761.400 62-761.400(4)(e) A late fee of$20.00 per tank shall Minor Review Registration fees 1002 be paid to the Department for any not paid. renewal that is received after July 31. 4007 62-761.400 62-761.400(4)(f) Upon receipt of payment of all Minor Review Registration fees 1002 applicable initial registration fees not paid. and annual renewal fees,each facility shall receive a registration placard,pursuant to Section 376.3077,F.S.The placard shall be displayed in plain view in the office, kiosk,or at another suitable location at the facility where the storage tank system is located. Posted on the Department website will be information regarding those motor fuel facilities who have delinquent registration fees. 4008 62-761.400 62-761.400(5) Unless a valid registration placard is SNC-B Review Placard not 1003 displayed in plain view as required displayed. by paragraph 62-761.400(4)(f), F.A.C.,no motor fuel may be deposited into a storage tank required to be registered pursuant to this Rule.Facility owners, operators,and suppliers are each responsible for compliance with this provision.For the purposes of this Rule,motor fuels mean petroleum products,including petroleum products blended with biofuels,used for the operation of a motor or engine. 4009 62-761.400 62-761.400(7) SNC-8 NCLI Placard Delivery prohibitions. revocation due to Administrative Action. 0 4009 62-761.400 62-761.400(7)(a) SNC-B NCLI Placard No owner,operator,or supplier revocation due to shall deposit any motor fuels into a Administrative storage tank system regulated Action. under this Chapter unless that owner or operator has a valid, current registration placard issued by the Department covering that storage tank system.For the purposes of this Rule,motor fuels mean petroleum products, including petroleum products blended with biofuels,used for the operation of a motor or engine. 4009 62-761.400 62-761.400(7)(b) It is an affirmative defense to the SNC-B NCLI Placard imposition of an administrative revocation due to penalty for a violation of paragraph Administrative (a)of this subsection that the Action. owner,operator,or supplier delivering a regulated substance into a storage tank system relied on registration information for the storage tank system obtained from the Department's website not more than 30 days before the date of delivery. 4010 62-761.405 62-761.405(1) Minor NCLI For installation, 1005,1007 For installations: notification not received in a timely manner. 4010 62-761.405 62-761.405(1)(a) For the purposes of this subsection, Minor NCLI For installation, 1005,1007 installation shall mean the date notification not that the storage tank system or received in a system component placement or timely manner. construction will begin. 4010 62-761.405 62-761.405)1)(b) Notification shall be received by the Minor NCLI For installation, 1005,1007 County in writing or electronic notification not format between 30 and 45 days received in a before installation of a storage tank timely manner. system or system component unless the County agrees to a shorter time period. 4010 62-761.405 62-761.405(1)(c) Notification shall also be received Minor NCLI For installation, 1005,1007 by the County in writing or notification not electronic format between 48 and received in a 72 hours prior to the installation timely manner. work to confirm the date and time of the scheduled activities. 4011 62-761.405 62-761.405(2) Minor NCLI For change in 1006,1009 service status For change in service status and and closure, closure: notification not received in a timol,,m2nnor 4011 62-761.405 62-761.405(2)(a) Notification shall be received by the Minor NCLI For change in 1006,1009 county in writing or electronic service status format between 30 and 45 days and closure, before the initiation of the work notification not related to the change in service received in a status or closure unless the county timely manner. agrees to a shorter time period. 4011 62-761.405 62-761.405(2)(b) Notification shall also be received Minor NCLI For change in 1006,1009 by the county in writing or service status electronic format between 48 and and closure, 72 hours prior to the initiation of notification not the work to confirm the date and received in a time of the scheduled activities. timely manner. 4011 62-761.405 62-761.405(2)(c) A unsure integrity tvaivation Minor NCLI For change in 1006,1009 Report Form for USTs 62- service status 761.900(7),(Closure Integrity and closure, Report),effective date,January notification not 2017,hereby adopted and received in a incorporated by reference,as timely manner. prepared in accordance with paragraph 62-761.800(3)(a),F.A.C., must be provided to the county with the notification of closure or change in service from a regulated substance to a non-regulated uihrtnnro 4011 62-761.405 62-761.405(2)(d) Notification shall be received by the Minor NCLI For change in 1006,1009 county in writing or electronic service status format at least 30 days prior to and closure, switching to a regulated substance notification not containing greater than 10 percent received in a ethanol or greater than 20 percent timely manner. biodiesel. 4012 62-761.405 62-761.405(3) Minor NCLI For an incident, 1010 Notification of the discovery of an notification not incident shall be made to the received in a county in writing or electronic timely manner. format on Form 62-761.900(6), Incident Notification Form(INF), effective date,January 2017, hereby adopted and incorporated by reference,within 72 hours of the discovery or before the close of the County's next business day; however,an INF need not be submitted if,within 72 hours of discovery,the investigation of the incident in accordance with Rule 62- 761.430,F.A.C.,confirms that a discharge did or did not occur. 4013 62-761.405 62-761.405(4) SNC-B NCLI For a discharge, 1011 notification not Except as provided in subsection 62- received in a 761.440(5),F.A.C.,notification of timely manner. the discovery of a discharge shall be made to the county in writing or electronic format on Form 62- 761.900(1),Discharge Report Form (DRF),effective date,January 2017, hereby adopted and incorporated by reference,within 24 hours of the discovery or before the close of the county's next business day unless the discovery is a non-petroleum de minimis discharge referenced in Rule 62-780.550,F.A.C.,or a petroleum or petroleum product de minimis discharge referenced in subsection 62-780.560(1),F.A.C.A de minimis discharge is exempt from the notification requirements as long as the discharge is removed and properly treated or properly disposed,or otherwise remediated pursuant to the applicable provisions of Chapter 62-780,F.A.C. 4014 62-761.420 62-761.420(2) SNC-B Review No financial 1004 Financial responsibility shall be responsibility maintained and demonstrated to instrument or the county or Department for all expired storage tank systems until the instrument. storage tank systems are properly closed pursuant to subsections 62- 761.800(2)and(3),F.A.C.,and the Closure Report or the Limited Closure Report Form for USTs 62- 761.900(8),effective date,January 2017,hereby adopted and incorporated by reference,is submitted to and approved by the county or the Department. Pursuant to Section 376.309(1),F.S., the facility owner is required to establish and maintain evidence of financial responsibility and is liable in event of noncompliance.If the facility owner,facility operator, tank owner,and tank operator are separate persons,then evidence of financial responsibility may be demonstrated if one of those persons obtains financial responsibility on behalf of the facility owner. 0 4015 62-761.420 62-761.420(3) responsibility for storage tank Minor Review Incorrect systems shall be made in paperwork for accordance with reference financial guideline Technical Standards and responsibility. Corrective Action Requirements for Owners and Operators of Underground Storage Tanks(UST), Financial Responsibility, 40 CFR Part 280,Subpart H,July 2015, incorporated by reference in paragraph 62-762.300(2)(m),F.A.C., and obtained in paragraph 62- 761.210(2)(n),F.A.C.However, Department Form 62-761.900(3) effective date,January 2017, Financial Mechanisms for Storage Tanks,hereby adopted and incorporated by reference,and available in Rule 62-761.900,F.A.C., can be used in lieu of the United States Environmental Protection Agency's financial mechanisms. Holders of financial responsibility mechanisms and facility owners are encouraged to permanently maintain evidence of financial responsibility and all correspondence with respect to coverage and claims. 4015 62-761.420 62-761.420(4) The appropriate part(s)of Form 62- Minor Review Incorrect 761.900(3)shall be used when paperwork for demonstrating proof of financial financial responsibility under this rule,and responsibility. will satisfy the Certification of Financial Responsibility requirements of 40 CFR 280.111(b)(11).Facility owners shall ensure that copies of the current financial responsibility document(s) are available for inspection at the facility where the storage tank system(s)is located or at their place of business.Records kept off-site shall be made available for inspection by the Department or County within five business days from the receipt of the Department's or county's request. 4016 62-761.430 62-761.430(2) If an incident occurs at a facility, SNC-B NCLI Incident not 1010,1137 actions shall be taken within 24; investigated hours of discovery to investigate within 24-hours the incident to determine if a or by next discharge has occurred. business day. 4017 62-761.430 62-761.430(4) In cases where an INF is required to Minor Review Incident be submitted, the investigation investigation shall be completed within 14 days leading to of the date of discovery of the discharge not incident to determine if a discharge completed within has occurred. Incident 14 days,and/or investigations that require no DRF or written additional time can be extended confirmation not with the written approval of the received after 14- Department or county. However, if day investigation the investigation goes beyond 45 period. days of the date of discovery, the storage tank system or system component shall be placed out-of- service until such time the investigation is completed and resolved. 4017 62-761.430 62-761.430(5) Minor Review Incident At the end of the 14 day time investigation period to investigate the incident, leading to or at the end of the alternate time discharge not period approved by the Department or county,either a DRF completed within or a written confirmation and 14 days,and/or explanation that the incident was no DRF or written confirmation not not a discharge, including received after 14- documentation showing that contamination is the manifestation day investigation period. of a previously reported discharge, shall be submitted to the county in writing or electronic format. 4018 62-761.430 62-761.430(6) SNC-B Inspection Removal of 1139 The removal of any release of regulated regulated substance into secondary substance from a containment shall be initiated release not within three days of discovery,and initiated within completed within 30 days of three days and discovery. completed within 30 days of 4019 62-761.430 62-761.430(8) Minor NCLI All incident All incidents,as identified in records,including subsection 62-761.430(1),F.A.C., test results not regardless of whether an INF is kept until storage required to be submitted,shall be tank system documented and records kept until closure. storage tank system closure in accordance with Rule 62-761.710, F.A.C.Test results or reports,which support the investigation findings, shall be maintained as records. 4020 62-761.440 62-761.440(2) SNC-B NCLI Discharge not 1011,1141, Upon discovery of a discharge,the reported with 24- 1146 owner or operator shall report the hours,or by next discharge to the county on a DRF business day. within 24 hours or before the close of the county's next business day. If,however,this discovery is thought to be a previously reported discharge,the owner or operator will have 30 days to investigate and submit supporting documentation or a DRF. 4021 62.761.440 62.761.440(3) Minor Review Analyticals not 1012 Copies of laboratory analytical submitted with results that confirm a discharge 24-hours or next shall be submitted to the county business day. within 24 hours of receipt of the results or before the close of the OVA readingsare not considered next business day in writing or confirmation of electronic format. discharge. 4022 62-761.440 62-761.440(6) Discharge response. When SNC-A Inspection Actions not taken 1140,1142, evidence of a discharge from a Immediately to 1143,1144, storage tank system is discovered, contain,remove, 1145,1147, the following actions shall be taken: and abate the 1148 discharge. 4022 62-761.440 62-761.440(6)(a) SNC-A Inspection Actions not taken 1140,1142, immediately to 1143,1144, Fire, explosion, and vapor hazards contain,remove, 1145,1147, shall be identified and mitigated; and abate the 1148 discharge. 4022 62-761.440 62-761.440(6((b) SNC-A Inspection Actions not taken 1140,1142, Actions shall be taken immediately immediately to 1143,1144, to contain, remove, and abate the contain,remove, 1145,1147, discharge under all applicable and abate the 1148 Department rules(e.g.,Chapter 62- discharge. 780, F.A.C., Contaminated Site Cleanup Criteria). Owners and operators are advised that other federal,state,or local requirements apply to these activities. If the contamination present is subject to the provisions of Chapter 62-780, F.A.C., corrective action, including free product recovery, shall be performed in accordance with Chapter 62-780,F.A.C.; 4022 62-761.440 62-761.440(6)(c) Each component of the storage SNC-A Inspection Actions not taken 1140,1142, tank system shall be integrity tested immediately to 1143,1144, within three days of discovery of contain,remove, 1145,1147, the discharge if the source or cause and abate the 1148 of the discharge is unknown unless discharge. the storage tank system has been properly placed out-of-service in accordance with subsection 62- 761.800(1),F.A.C.; 4022 62-761.440 62-761.440(6)(d) The storage tank system SNC-A Inspection Actions not taken 1140,1142, component that is discharging shall immediately to 1143,1144, be isolated from the system within contain,remove, 1145,1147, three days of discovery of the and abate the 1148 discharge.If the component cannot discharge. be isolated from the system,within three days of determining that the component is discharging, the storage tank system shall not operate, dispense, nor accept deliveries,or shall be placed out-of- service in accordance with Rule 62- 761.800, F.A.C., until the component can be repaired or replaced; • 4022 62-761.440 62-761.440(6)(e) SNC-A Inspection Actions not taken 1140,1142, If the storage tank system immediately to 1143,1144, component that was found to be contain,remove, 1145,1147, discharging will be repaired,it shall and abate the 1148 be repaired in accordance with Rule discharge. 62-761.700,F.A.C.; 4022 62-761.440 62-761.440(6)(f) If the storage tank system SNC-A Inspection Actions not taken 1140,1142, component that was found to be immediately to 1143,1144, discharging will be replaced,it shall contain,remove, 1145,1147, meet the storage tank system and abate the 1148 requirements in accordance with discharge. Rule 62-761.500,F.A.C.;and, 4022 62-761.440 62-761.440(6)(g) If the storage tank system SNC-A Inspection Actions not taken 1140,1142, component that was found to be immediately to 1143,1144, discharging will not be repaired or contain,remove, 1145,1147, replaced, the component shall and abate the 1148 remain isolated from the storage discharge. tank system. In cases where the component cannot be isolated from the storage tank system,the system shall remain out-of-service or shall be closed in accordance with Rule 62-761.800,F.A.C. 4023 62-761.500 62-761.500(1) SNC-B Inspection Failure of 1014,1016, secondary 1017,1019, containment to 1021,1022, General requirements. meet standards 1029,1030, including: 1034,1035, impervious spill 1036,1037, containment, 1066 liners,allowing for release detection,allow for monitoring point,and hydrant pit secondary containment. 4023 62-761.500 62-761.500(1((b) SNC-8 Inspection Failure of 1014,1016, secondary 1017,1019, containment to 1021,1022, meet standards 1029,1030, including: 1034,1035, impervious spill 1036,1037, containment, 1066 Secondary containment. liners,allowing for release detection,allow for monitoring point,and hydrant pit secondary containment. 4023 62-761.500 62- SNC-B Inspection Failure of 1014,1016, 761.500(1)(b)1. secondary 1017,1019, containment to 1021,1022, meet standards 1029,1030, including: 1034,1035, impervious spill 1036,1037, The materials used for secondary containment, 1066 liners,allowing containment shall be: for release detection,allow for monitoring point,and hydrant pit secondary containment. 4023 62-761.500 62- SNC-B Inspection Failure of 1014,1016, 761.500(1)(b)1.a. secondary 1017,1019, containment to 1021,1022, meet standards 1029,1030, including: 1034,1035, Impervious to the regulated impervious spill 1036,1037, substance being stored in the containment, 1066 storage tank system and able to liners,allowing withstand deterioration from for release external environmental conditions; detection,allow for monitoring point,and hydrant pit secondary containment. 4023 62-761.500 62- SNC-B Inspection Failure of 1014,1016, 761.500(1)(b)1.b. secondary 1017,1019, containment to 1021,1022, meet standards 1029,1030, including: 1034,1035, impervious spill 1036,1037, Non-corrosive or of corrosion- containment, 1066 protected materials or liners,allowing technologies;and, for release detection,allow for monitoring point,and hydrant pit secondary containment. 4023 62-761.500 62- SNC-B Inspection Failure of 1014,1016, 761.500(1)(b)1.c. secondary 1017,1019, containment to 1021,1022, meet standards 1029,1030, including: 1034,1035, impervious spill 1036,1037, Of sufficient thickness and strength to withstand hydrostatic forces at containment, 1066 liners,allowing maximum capacity to prevent a for release discharge. detection,allow for monitoring point,and hydrant pit secondary containment. 0 4024 62-761.500 62- Minor Inspection Secondary 761.500(1)(b)2. For cathodically protected tanks containment and integral piping,secondary interfering with containment systems shall not operation of the interfere with the operation of the cathodic cathodic protection system. protection 4025 62-761.500 62- Secondary containment systems Minor Inspection Not allowing for 761.500(1)(b)3. shall be designed and installed to monitoring point. direct any release to a monitoring Point or points. 4026 62-761.500 62- Minor Review Factory-made 761.500(1)(b)4. If factory-made single-walled spill containment systems or single- single walled spill walled sumps are installed on the containment system,a containment integrity test systems not shall be performed before the installed to allow component is placed into service in for release accordance with Recommended detection. Practices for the Testing and Verification of Spill,Overfill,Leak Detection and Secondary Containment Equipment at UST Facilities.For field-fabricated components the tests shall be at least for 24 hours in accordance with manufacturer's requirements. 4026 62-761.500 62- Minor Review Factory-made 761.500(1)(b)5 An interstitial integrity test shall be single-walled spill performed on the storage tank containment after it is delivered and installed at systems not the facility and before the storage installed to allow tank is placed into service.This test for release shall be performed In accordance detection. with manufacturer's requirements or with the following document hereby adopted and incorporated by reference. 4026 62-761.500 62- Minor Review Factory-made 761.500(1)(b)6 An interstitial integrity test shall be single-walled spill performed on integral piping in containment accordance with PEI/RP100-11, systems not 2011 Edition,and PEI/RP1200-12, installed to allow 2012 Edition,before the integral for release piping is placed into service. detection. 4026 62-761.500 62- If double-walled spill containment Minor Review Factory-made 761.500(1)(b)7 systems or double-walled sumps single-walled spill are installed on the system,an containment interstitial integrity test shall be systems not performed in accordance with installed to allow PEI/RP1200-12,2012 Edition,before for release the component is placed into detection. service. 4027 62-761.500 62-761.500(1)(c) Minor Inspection Cathodic 1018,1019 protection test station/method and operation Cathodic protection. does not meet standards.Or, secondary containment interferes with the cathodic protection 4027 62-761.500 62- Minor Inspection Cathodic 1018,1019 761.500(1)(c)1. Test stations.Cathodic protection protection test systems shall be designed, station/method constructed,and installed with test and operation stations in accordance with NACE does not meet standards contained in paragraph standards.Or, 62-761.210(2)(f),F.A.C.Cathodic secondary protection test stations shall containment provide direct access to the soil interferes with electrolyte in close proximity to the cathodic each cathodically protected protection structure for placement of system. reference electrodes,and monitoring wires that connect directly to cathodically protected structures.Facilities where direct access to soil in close proximity to cathodically protected structures is present,and where electrical connections to cathodically protected structures can be conveniently accomplished,need not have separate dedicated cathodic protection test stations. 4028 62-761.500 62- Any field-installed cathodic Minor Inspection Field installed 761.500(1)(c)3. protection system shall be designed cathodic and installed by or under the protection not direction of a Corrosion installed by or Professional, under direction of a Corrosion f�.nfnrri.,..�1 4028 62-761.500 62- Cathodic protection is not required Minor Inspection Field installed 761.500(1)(c)4. for any field-fabricated primary cathodic storage tank that has been installed protection not within a former single-walled installed by or storage tank as a means to upgrade under direction to secondary containment. of a Corrosion However,the former single-walled Professional. storage tank,which has now become the secondary containment must be protected from corrosion. 4029 62-761.500 62- supplemental anooes that are Minor Inspection Supplemental 761.500(1)(c)5. added to a sti-P3®tank after, anodes are not January 11,2017,shall be installed installed in in accordance with the following accordance with document,regardless of the date of guidelines. installation of the storage tank system or storage tank system component:Recommended Practice for the Addition of Supplemental Anodes to sti-P3® USTs,STI R972,Revised December ?m n 4030 62-761.500 62-761.500(1)(d) Compatibility.The primary and SNC-B Review The primary and secondary walls of storage tank secondary wall systems shall be made of,or linings are not internally lined with materials that compatible with are compatible with,the regulated the regulated substance stored in the storage substance. tank systems and with substances or conditions present in the environment.All storage tank systems containing blends of ethanol,biodiesel,or other biofuels and additives shall be compatible with the regulated substances stored in the storage tank systems. Storage tank systems and system components containing ethanol blends greater than 10 percent or biodiesel blends greater than 20 percent must demonstrate compatibility through registration of the storage tank system and system components in accordance with subsection 62-761.850(2), F.A.C. 4031 62-761.500 62-761.500(1)(e) All components of a storage tank Minor Inspection Not installed 1025 system shall be installed in according to accordance with the manufacturer's manufacturer's instructions. instructions 4032 62-761.500 62-761.500(1)(f) All storage tank systems shall be SNC-B Inspection Not installed 1026 installed in accordance with the according to following reference guidelines, reference hereby adopted and incorporated standards. by reference. 4032 62-761.500 62- Installation of Underground SNC-B Inspection Not installed 1026 761.500(1)(f)1. Petroleum Storage Systems, API according to Recommended Practice 1615, 6th reference Edition,April 2011. standards. 4032 62-761.500 62- Flammable and Combustible Liquids SNC-B Inspection Not installed 1026 761.500(1)(f)2. Code, NFPA 30, 2015 Edition, according to incorporated by reference in reference paragraph 62-761.300(2)(v),F.A.C. standards. 4032 62-761.500 62- Motor Fuel Dispensing Facilities and SNC-B Inspection Not installed 1026 761.500(1)(f)3. Repair Garages, NFPA 30A, 2015 according to Edition. To obtain this reference reference from the publisher, see paragraph standards. 62-761.210(2)(g),F.A.C.; 4032 62-761.500 62- Process Piping, ASME 831.3, 2014 SNC-B Inspection Not installed 1026 761.500(1)(f)4. Edition. To obtain this reference according to from the publisher, see paragraph reference 62-761.210(2)(c),F.A.C.;and standards. 0 4032 62-761.500 62- Recommended Practices for SNC-13 Inspection Not installed 1026 761.500(1)(f)5. Installation of Underground Liquid according to Storage Systems, PEI/RP100-11, reference 2011. Edition. To obtain this standards. reference from the publisher, see paragraph 62-761.210(2)0),F.A.C. 4033 62-761.500 62-761.500(1)(g) SNC-B Inspection Not installed 1025 Storage tanks with field-fabricated according to internal secondary containment reference shall be installed in accordance standards. with the following manufacturer's specifications,hereby adopted and incorporated by reference,and available from the Department address in subsection 62- 761.210(1),F.A.C.: 4033 62-761.500 62- Outline of Investigation for SNC-B Inspection Not installed 1025 761.500(1)(g)1. Underground Fuel Tank Internal according to Retrofit Systems,UL 1856,June reference 2013 Edition.To obtain this standards. reference from the publisher,see paragraph 62-761.210(2)(m),F.A.C.; and 4033 62-761.500 62- NLPA Standard 631,Chapters A and SNC-B Inspection Not installed 1025 761.500(1)(g)2. B,1991.To obtain this reference according to from the publisher,see paragraph reference 62-761.210(2)(i),F.A.C. standards. 4034 62-761.500 62-761.500(1)(h) Minor Review Work not 1027,1109 If the installation of the storage performed by a tank system component disturbs certified the backfill,or where the integral contractor. piping is connected or disconnected during installation,a Certified Contractor shall perform the installation of storage tank systems containing pollutants,including: tanks,integral piping(excluding drop tubes),overfill protection and spill containment equipment, internal release detection equipment,cathodic protection systems,secondary containment systems,and dispensers 0 4035 62-761.500 62-761.500(1)(i) Minor Review Survey of Whenever storage tanks or integral ground contact piping are installed or relocated and underground after January 11,2017,a survey components not drawing of installed tanks and conducted or underground integral piping signed maintained. and sealed by a professional land surveyor or professional engineer licensed in the state of Florida,shall be completed and maintained as a record in accordance with Rule 62- 761.710,F.A.C.The survey drawing of the work completed,along with any changes made to the original specifications during the construction process,shall include all construction and equipment design specifications including exact dimensions,geometry and locations of the storage tanks or integral piping installed.Surveys are not required for tanks that are retrofitted with internal secondary containment. 4036 62-761.500 62-761.500(2) SNC-B Inspection Storage tanks not 1025,1026, installed 1014,1015, according to 1016,1018, Storage tank installation. manufacturer's 1019,1021, instructions or 1026,1030 reference standards. 4036 62-761.500 62-761.500(2)(a) SNC-B Inspection Storage tanks not 1025,1026, installed 1014,1015, All storage tanks at a facility shall according to 1016,1018, have secondary containment and manufacturer's 1019,1021, shall be constructed or installed to instructions or 1026,1030 provide for interstitial monitoring reference of the entire storage tank. standards. 4036 62-761.500 62-761.500)2)(b) SNC-B Inspection Storage tanks not 1025,1026, Fiberglass reinforced plastic double installed 1014,1015, walled tanks shall be constructed in according to 1016,1018, accordance with the following manufacturer's 1019,1021, document: Glass-Fiber-Reinforced instructions or 1026,1030 Plastic Underground Storage Tanks reference for Petroleum Products, Alcohols, standards. and Alcohol-Gasoline Mixtures, UL 1316, May 2006, 2nd Edition, available from the publisher at UL, 333 Pfingsten Road, Northbrook, Illinois 60062-2096, (847)272-8800, or from the publisher's website at www.ul.com/, or the Department address listed in subsection 62- 761.210(1), F.A.C.; or these tanks shall be certified by a Nationally Recognized Testing Laboratory that these requirements are met, and registered in accordance with subsection 62-761.850(2),F.A.C. 4036 62-761.500 62-761.500(2)(c) SNC-B Inspection Storage tanks not 1025,1026, installed 1014,1015, Cathodically protected double- according to 1016,1018, walled steel tanks shall be manufacturer's 1019,1021, registered in accordance with instructions or 1026,1030 subsection 62-761.850(2), F.A.C., reference and shall be: standards. 4036 62-761.500 62- Constructed in accordance with the SNC-B Inspection Storage tanks not 1025,1026, 761.500(2)(c)1. following documents: Steel installed 1014,1015, Underground Tanks for Flammable according to 1016,1018, and Combustible Liquids, UL 58, manufacturer's 1019,1021, July 1998,9th Edition,and External instructions or 1026,1030 Corrosion Protection Systems for reference Steel Underground Storage Tanks, standards. UL 1746,January 2007,3rd Edition, hereby adopted and incorporated by reference 4036 62-761.500 62- Constructed in accordance with the SNC-8 Inspection Storage tanks not 1025,1026, 761.500(2)(c)2. following document: sti-P3® installed 1014,1015, Specification and Manual for according to 1016,1018, External Corrosion Protection of manufacturer's 1019,1021, Underground Steel Storage Tanks, instructions or 1026,1030 sti-P3®, Revised November 2015, reference Steel Tank Institute (STI), hereby standards. adopted and incorporated by rpferpnrp 4036 62-761.500 62- SNC-B Inspection Storage tanks not 1025,1026, 761.500(2)(c)3. Constructed in accordance with installed 1014,1015, reference document STI R972, according to 1016,1018, Revised December 2010, manufacturer's 1019,1021, incorporated by reference in instructions or 1026,1030 subparagraph 62-761.500(1)(c)5., reference F.A.C.;or standards. 4036 62-761.500 62- Certified by a Nationally Recognized SNC-B Inspection Storage tanks not 1025,1026, 761.500(2)(c)4. Testing Laboratory for any field- installed 1014,1015, installed cathodic protection according to 1016,1018, system, that these requirements manufacturer's 1019,1021, are met,constructed,and designed instructions or 1026,1030 by a Corrosion Professional in reference accordance with the following standards. document: Corrosion Control of Underground Storage Tank Systems by Cathodic Protection, NACE Standard SP0285-2011 (formerly RP0285), 2011 Edition, hereby adopted and incorporated by reference 4036 62-761.500 62-761.500(2)(d) SNC-B Inspection Storage tanks not 1025,1026, Double-walled steel tanks coated installed 1014,1015, with fiberglass reinforced plastic according to 1016,1018, shall be constructed in accordance manufacturer's 1019,1021, with UL 58, July 1998, UL 1746, instructions or 1026,1030 January 2007,and Specification for reference External Corrosion Protection of standards. FRP Composite Steel USTs - ACT- 100®, STI F894, Revised November 2015, or these tanks shall be certified by a Nationally Recognized Testing Laboratory that these requirements are met, and registered in accordance with subsection 62-761.850(2),F.A.C.STI F894, Revised November 2015, is hereby adopted and incorporated by reference 4036 62-761.500 62-761.500(2)(e) Jacketed steel tanks shall be SNC-B Inspection Storage tanks not 1025,1026, constructed in accordance with UL installed 1014,1015, 1746,January 2007,or certified by a according to 1016,1018, Nationally Recognized Testing manufacturer's 1019,1021, Laboratory that these requirements instructions or 1026,1030 are met, and registered in reference accordance with subsection 62- standards. 761.850(2),F.A.C. 4036 62-761.500 62-761.500(2)(f) Double-walled storage tanks that SNC-B Inspection Storage tanks not 1025,1026, meet the above performance installed 1014,1015, requirements, or other double- according to 1016,1018, walled storage tanks that are manufacturer's 1019,1021, constructed of equivalent material, instructions or 1026,1030 design,or corrosion protection shall reference be registered with the Department standards. in accordance with subsection 62- 761.850(2),F.A.C. 4036 62-761.500 62-761.500(2)(g) SNC-B Inspection Storage tanks not 1025,1026, installed 1014,1015, according to 1016,1018, Tanks shall be installed to allow for manufacturer's 1019,1021, release detection in accordance instructions or 1026,1030 with Rule 62-761.600,F.A.C. reference standards. 4037 62-761.500 62-761.500(2)(h) Minor Inspection Underground 1023,1024 Double-walled storage tanks that tank relocation have been removed and that are to requirements not be reinstalled at a different location met,or reused shall: tanks not properly 4037 62-761.500 62- Be recertified that all original Minor Inspection Underground 1023,1024 761.500(2)(h)1. warranties are confirmed by the tank relocation original manufacturer or the requirements not manufacturer's successor,and be met,or reused reinstalled in accordance with the tanks not requirements in this subsection;or properly 4037 62-761.500 62- Minor Inspection Underground 1023,1024 761.500(2)(h)2. Be recertified by a professional tank relocation engineer licensed in the state of requirements not Florida that the storage tank meets met,or reused all applicable requirements of this tanks not subsection;and, properly 0 4037 62-761.500 62- Show proof of recertification which Minor Inspection Underground 1023,1024 761.500(2)(h)3. shall be provided to the tank relocation Department and county prior to the requirements not start of installation.The storage met,or reused tank shall be re-registered in tanks not accordance with subsection 62- properly 761 400(11 F A C 4038 62-761.500 62-761.500(3) SNC-B Inspection New piping not in 1038,1039, contact with soil 1043,1034, not installed to 1035 Integral piping. standards or without secondary containment. 4038 62-761.500 62-761.500(3)(a) SNC-B Inspection New piping not in 1038,1039, All integral piping,including remote contact with soil 1043,1034, fill piping that is in contact with the not installed to 1035 soil,shall have secondary standards or containment,with the exception of without vertical fill piping equipped with a secondary drop tube. containment. 4038 62-761.500 62-761.500(3)(b) All integral piping that transports SNC-B Inspection New piping not in 1038,1039, regulated substances over surface contact with soil 1043,1034, waters of the state shall have not installed to 1035 secondary containment and shall standards or be UV rated if exposed to sunlight if without made of non-metallic materials, secondary and shall be registered in containment. accordance with subsection 62- 761.850(2),F.A.C.,if made of non- metallic materials. 4038 62-761.500 62-761.500(3)(c) SNC-B Inspection New piping not in 1038,1039, All integral piping that is not in contact with soil 1043,1034, contact with the soil shall meet the not installed to 1035 construction requirements in standards or subparagraphs 62-761.500(3)(d)2. without through 5.,F.A.C.,shall be UV rated secondary if exposed to sunlight if made of containment. non-metallic materials,and shall be registered in accordance with subsection 62-761.850(2),F.A.C.,if made of non-metallic materials. 4039 62-761.500 62-761.500(3) SNC-B Inspection Piping in contact 1036,1037, with soil not 1038,1039, Construction requirements. installed to 1041 standards. 4039 62-761.500 62- Fiberglass reinforced plastic SNC-B Inspection Piping in contact 1036,1037, 761.500(3)(d)1. integral piping or other non- with soil not 1038,1039, metallic double-walled integral installed to 1041 piping installed in contact with the standards. soil at a facility shall meet the requirements of Non-metallic Underground Piping for Flammable Liquids,UL 971,March 2006,2nd Edition,or shall be certified by a Nationally Recognized Testing Laboratory that these requirements are met,and registered in accordance with subsection 62- 761.850(2),F.A.C. 0 4039 62-761.500 62- SNC-B Inspection Piping in contact 1036,1037, 761.500(3)(d)2. Coated steel double-walled integral with soil not 1038,1039, piping shall be constructed in installed to 1041 accordance with ASME B31.34, standards. 2014 Edition.In addition,steel integral piping in contact with the soil shall be cathodically protected in accordance with the following documents:Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems,API Recommended Practice 1632,3rd Edition,May 1996,(Reaffirmed, June 2002);Control of External Corrosion on Underground or Submerged Metallic Piping Systems, NACE Standard SP0169-2013 (formerly RP0169),2013 Edition; and Recommended Practice for Corrosion Protection of Underground Piping Networks Associated with Liquid Storage and Dispensing Systems,STI R892, Revised January 2006,hereby adopted and incorporated by reference,and available from the Department or individual addresses given in subsections 62-761.210(1) and(2),F.A.C. 4039 62-761.500 62- SNC-8 Inspection Piping in contact 1036,1037, 761.500(3)(d)3. Metallic double-walled integral with soil not 1038,1039, piping constructed of nonferrous installed to 1041 materials,such as copper,does not standards. require cathodic protection and shall be constructed in accordance with the requirements in Chapter 27 of NFPA 30,2015 Edition, Flammable and Combustible Liquids Code,Piping System. 4039 62-761.500 62- Metallic single-walled vertical fill SNC-B Inspection Piping in contact 1036,1037, 761.500)3))d)4. piping does not require cathodic with soil not 1038,1039, protection and shall be constructed installed to 1041 in accordance with the standards. requirements in Chapter 27 of NFPA 30,2015 Edition,Flammable and Combustible Liquids Code,Piping Systems. 4039 62-761.500 62- Integral double-walled piping SNC-B Inspection Piping in contact 1036,1037, 761.500(3)(d)5. constructed of other materials, with soil not 1038,1039, design,or corrosion protection shall installed to 1041 be registered with the Department standards. in accordance with subsection 62- 761.850(21.F.A.C. 4040 62-761.500 62-761.500(3)(e) Minor Inspection Integral piping 1036,1037, not installed with 1038,1039, Integral piping shall be installed slope to a low 1041 with a slope to a low point point monitoring monitoring system to allow for system or allows release detection in accordance for release with Rule 62-761.600,F.A.C. detection. 0 4041 62-761.500 62-761.500(3)(f) Minor Inspection Shear valve not 1036,1040, installed 1041 Pressurized integral piping systems connected to dispensers shall be properly. installed with shear valves or emergency shutoff valves in accordance with Section 6.3 of NFPA 30A,2015 Edition,Motor Fuel Dispensing Facilities and Repair Garages, Requirements for Dispensing Devices. These valves shall be designed to close automatically if a dispenser is displaced from its normal position. The valves shall be rigidly anchored independently of the dispenser.The valves shall be tested in accordance with PEI/RP1200-12, 2012 Edition, at the time of installation by a certified contractor to confirm that the automatic closing function of the valve operates properly and that the valve is properly anchored. 4042 62-761.500 62-761.500(3)(g) All storage tank systems located at Minor Inspection Small diameter 1036,1040, an elevation that produces a gravity piping with 1041 head on integral piping positioned gravity head not below the product level in the properly installed storage tank must be installed and or meeting maintained with an isolation block standards. valve in accordance with Chapter 22.13 of NFPA 30,2015 Edition, Flammable and Combustible Liquids Code,Tank Openings Other Than Vents,and located as close as practical to the storage tank, regardless of the date of installation of the storage tank system.In addition,anti-siphon valves shall be installed and maintained in accordance with Section 11.2 of NFPA 30A,2015 Edition,Motor Fuel Dispensing Facilities and Repair Garages, Marine Fueling—Storage, regardless of the date of installation of the storage tank system. 4043 62-761.500 62-761.500(3)(h) Pressurized integral piping systems SNC-B Inspection Pressurized 1058,1059, connected to dispensers shall be integral piping 1060,1066, installed with a method of leak connected to 1067 detection that can detect a leak dispensers not within one hour,and can include a installed with mechanical line-leak detector or an leak detection electronic line leak detector,or method. another device registered in accordance with subsection 62- 761.850(2),F.A.C. 4044 62-761.500 62-761.500(3)(i) Storage tank systems using Minor Review Corrosion corrosion protection systems with protection vapor corrosion inhibitors that are system with registered in accordance with vapor corrosion subsection 62-761.850(2),F.A.C., inhibitors not shall be designed and installed instated by a under the direction of a Corrosion Corrosion Professional. Professional. 4045 62-761.500. 62-761.500.(4) SNC-B Inspection Storage tank 1014 system not installed with a spill containment system at each Spill containment systems. tank fill connection. Does not meet performance requirements. 4045 62-761.500 62-761.500.(4)(a) SNC-B Inspection Storage tank 1014 Storage tank systems shall be system not installed with a spill containment installed with a system at each tank fill connection spill containment meeting the performance system at each requirements of paragraph 62- tank fill 761.500(1)(b),F.A.C.,and registered connection. Does in accordance with subsection 62- not meet 761.850(2),F.A.0 performance requirements. 4046 62-761.500 62-761.500(4)(h) Filibox covers,regardless of the Minor Inspection Fillbox covers not 1032 date of installation of the storage marked according tank system,shall be marked or the to requirements. fill connection tagged and facility signage shall be prominently displayed in accordance with the following documents hereby adopted and incorporated by reference,or with an equivalent method approved by the Department in accordance with subsection 62-761.850(1),F.A.C. 4047 62-761.500 62-761.500(4)(c) Minor Inspection Single-walled spill 1014,1016 containment Single-walled spill containment systems not systems shall be installed to allow installed to allow for release detection in accordance for release with Rule 62-761.600,F.A.C. detection. 4048 62-761.500 62-761.500(4)(d) Minor Inspection Double-walled 1014,1016 Double-walled spill containment spill containment systems shall be installed to allow system does not for interstitial monitoring in allow for accordance with Rule 62-761.600, interstitial F.A.C. monitoring. 4049 62-761.500 62-761.500(5) Minor Inspection Dispensers not 1015 installed and Dispensers and dispenser sumps. maintained according to stanriarrlc 4049 62-761.500 62-761.500(5)(a) Minor Inspection Dispensers not 1015 The dispensers used for transferring installed and fuels from storage tanks to vehicles maintained or portable containers shall be according to installed and maintained in standards. accordance with the provisions of NFPA 30,2015 Edition, incorporated by reference in paragraph 62-761.300(2)(v),F.A.C., and Chapter 6,Fuel Dispensing Systems;Chapter 9,Operational Requirements;and Chapter 11, Motor Fuel Dispensing Facilities and Repair Garages,Marine Fueling of NFPA 30A,2015 Edition. 4050 62-761.500 62-761.500(5)(b) Dispensers shall be installed with a SNC-B Inspection Dispensers not 1015 dispenser sump meeting the installed with a performance requirements of dispenser sump, paragraph 62-761.500(1)(b), F.A.C., or allow for and registered in accordance with release subsection 62-761.850(2), F.A.C. detection. The dispenser sump shall extend beneath the union of the integral piping and the dispenser, including the shear valve,if applicable. 4051 62-761.500 62-761.500(5)(c) Dispenser sumps shall be installed Minor Inspection Dispenser sumps to allow for release detection in not installed to accordance with Rule 62-761.600, allow for release F.A.C.The dispenser sump shall be detection. capable of containing a release for the entire area beneath the dispenser 4052 62-761.500 62-761.500(6) SNC-B Inspection Piping sumps not 1015,1016, meeting 1017 Piping sumps. performance requirements or installed to allow for release detection. 4052 62-761.500 62-761.500(6)(a) Piping sumps shall meet the SNC-B Inspection Piping sumps not 1015,1016, performance requirements of meeting 1017 paragraph 62-761.500(1)(b),F.A.C., performance and be registered in accordance requirements or with subsection 62-761.850(2), installed to allow F.A.C.The sumps shall be designed, for release constructed,and installed to detection. minimize water entering the sump. 4053 62-761.500 2-761.500(6)(b) piping sumps shall be installed to Minor Inspection Piping sumps not installed to allow allow for release detection in accordance with Rule 62-761.600, for release detection. F.A.C. 4054 62-761.500 62-761.500(7) Overfill protection. SNC-B Inspection Overfill or spill 1031 not prevented. 0 4054 62-761.500 62-761.500(7)(a) Owners or operators shall ensure SNC-B Inspection Overfill or spill 1031 that the volume available in the not prevented. storage tank is greater than the volume of regulated substances to be transferred to the storage tank before the transfer is made and shall ensure that any transfer is repeatedly monitored to prevent overfilling and spilling. 4055 62-761.500 62- SNC-B Inspection Overfill that shuts 1031,1033, 761.500(7)(b)1. off/restricts flow 1116 Storage tank systems shall be or triggers alarm equipped with an overfill device not provided. that: 4055 62-761.500 62- SNC-8 Inspection Overfill that shuts 1031,1033, 761.500(7)(b)1. off/restricts flow 1116 Automatically shuts off flow to the storage tank when the storage tank or triggers alarm not provided. is no more than 95 percent full; 4055 62-761.500 62- Restricts flow to the storage tank SNC-B Inspection Overfill that shuts 1031,1033, 761.500(7)(b)2. when the storage tank is no more off/restricts flow 1116 than 90 percent full and does not or triggers alarm fill the storage tank beyond 95 not provided. percent capacity. Flow restrictors, such as ball float valves, used in vent lines may not be used when overfill protection is installed or replaced after January 11, 2017. Flow restrictors installed before January 11,2017,may only be used if the storage tank system meets the requirements of Section 7 of PEI/RP100-11, 2011 Edition, Recommended Practices for Installation of Underground Liquid Storage Systems, UST Overfill Equipment Verification, Inspection and Testing;or 4055 62-761.500 62- Alerts the transfer operator when SNC-I3 Inspection Overfill that shuts 1031,1033, 761.500(7)(b)3. off/restricts flow 1116 the tank is no more than 90 percent full by triggering an alarm and does or triggers alarm not fill the tank beyond 95 percent not provided. capacity. 4056 62-761.500 62-761.500(7)(d) SNC-B Review Tanks filled Storage tank systems with without mated capacities of 2,000 gallons or less tight fill adaptor that do not receive delivery by a connection filled mated (joined) tight fill adaptor beyond 80 connection of the delivery hose to percent capacity. the tank riser are exempt from overfill protection requirements provided that the tanks are never filled beyond 80 percent capacity. 4057 62-761.500 62-761.500(7)(e) Overfill devices shall be registered Minor Review Overfill devices 1117 in accordance with subsection 62- not tested 761.850(2),F.A.C.,and an annually. operability test shall be performed annually at intervals not exceeding 12 months to ensure proper operation 4058 62-761.600 62-761.600(1) SNC-A Inspection Cannot detect a 1058,1062, release from any 1067,1068, portion of the 1074,1079, General requirements. system. 1092 4058 62-761.600 62-761.600(1)(a) SNC-A Inspection Cannot detect a 1058,1062, Storage tank systems shall have a release from any 1067,1068, method,or combination of portion of the 1074,1079, methods,of release detection that system. 1092 can detect a new release from any portion of the storage tank system. 4058 62-761.600 62-761.600(1)(a) For any storage tank system SNC-A Inspection Cannot detect a 1058,1062, without a method,or combination release from any 1067,1068, of methods,of release detection in portion of the 1074,1079, accordance with this rule,the system. 1092 owner or operator shall immediately provide a method of release detection,or shall immediately empty and place the storage tank system out-of-service, or close the storage tank system in accordance with subsection 62- 761.800(2),F.A.C. 4058 62-761.600 62-761.600(1)(a) SNC-A Inspection Cannot detect a 1058,1062, Any component of a storage tank release from any 1067,1068, system with an interstice shall have portion of the 1074,1079, a method of interstitial monitoring system. 1092 which shall be conducted in accordance with this rule. Interstitial monitoring can be performed with vacuum,pressure, hydrostatic(liquid-level sensing), sensors or probes,and visual release detection methods. 4059 62-761.600 62-761.600(1)(d) SNC-B Review Release detection 1062,1078 Except as otherwise specified this not tested or rule,the release detection method visually inspected or combination of methods used at once a month. a facility shall be performed at least Aboveground once every calendar month,but not piping not exceeding 35 days,to determine if a visually release from the storage tank inspected. system has occurred. 0 4059 62-761.600 62-761.600(1)(e) visual inspections.At least once a SNC-B Review Release detection 1062,1078 month,but not exceeding 35 days, not tested or every component of a storage tank visually inspected system that contains,transfers,or once a month. stores,or is designed to contain, Aboveground transfer,or store regulated piping not substances that can be inspected visually visually shall be visually inspected inspected. and documented as to its condition pursuant to Rule 62-761.710,F.A.C. Any visual inspection of a storage tank system that reveals uncontrolled pitting corrosion, structural damage,leakage,or other similar problems is considered a positive response.The positive response shall be recorded as part of the release detection records.Repairs shall be made in accordance with Rule 62-761.700, F.A.C.The positive response shall be reported and investigated as an incident pursuant to Rule 62- 761.430,F.A.C.,if it is determined that a release has occurred.A monthly visual inspection is not required for any system component using an electronic release detection method;however,piping and dispenser sumps that use an alartrnnir raiaaca riatartinn 4060 62-761.600 62-761.600(1)(f) Minor Inspection Release detection 1059,1060, not installed, 1061 operated,and Electronic and mechanical release maintained per detection devices shall be: manufacturer's instructions and standards. 4060 62-761.600 62- Installed, calibrated, operated, and Minor Inspection Release detection 1059,1060, 761.600(1)(f)1. maintained in accordance with the not installed, 1061 manufacturer's instructions and operated,and shall be designed and installed to maintained per provide service checks for manufacturer's operability to ensure that the instructions and device is functioning in accordance standards. with subsection 62-761.700(3), F.A.C.; 4061 62-761.600 62- Minor Review Electronic and 761.600(1)(f)2. mechanical Registered in accordance with release detection subsection 62-761.850(2),F.A.C., devices not except controllers or annunciators installed that are used to display leak calibrated, detection test results are not operated and required to be registered. maintained per manufacturer's instructions. 4062 62-761.600 62-761.600(1)(g) Electronic release detection devices SNC-B Review Electronic release 1062,1063, shall be inspected for proper detection devices 1099 operation at least once every not inspected calendar month,but not exceeding monthly. 35 days.A record or summary of the alarm history,sensor status, and testing results related to potential releases shall be printed from any electronic release detection device and kept,or be provided to the county or Department upon request through electronic documentation.If the release detection system is not capable of printing records,a manual log shall be maintained of the alarm history,sensor status, and testing results 4063 62-761.600 62-761.600(1)(h) SNC-B Inspection Release detection shall be constructed and installed so that Release detection shall be groundwater, constructed and installed so that rainfall,or soil groundwater, rainfall, or soil moisture will not moisture will not render the release render the detection method used inoperable. release detection method used inoperable. 4064 62-761.600 62-761.600(1)(i) SNC-A Inspection Emergency Storage tank systems that store fuel power generator solely for use by emergency power storage tank generators installed prior to systems installed January 11,2017,must meet the prior to rule do release detection requirements of not meet release Rule 62-761.600,F.A.C.,on or detection before October 13,2018.Storage requirements by tank systems that store fuel solely October 13,2018. for use by emergency power generators installed after January 11,2017,must meet the release detection requirements of Rule 62- 761.600,F.A.C.,at installation. 4065 62-761.600 62-761.600(2) SNC-B Inspection Release detection 1093,1094 methods do not Storage Tanks. meet monitoring requirements. 4065 62-761.600 62-761.600(2)(a) SNC-B Inspection Release detection 1093,1094 One or more of the following methods do not release detection methods shall be meet monitoring used: requirements. 4065 62-761.600 62- Liquid level monitoring systems SNC-B Inspection Release detection 1093,1094 761.600(2)(a)1. methods do not with electronic hydrostatic sensors. meet monitoring This method shall be able to detect requirements. incidents by determining changes in liquid levels within the interstice and monitoring reservoir and to provide immediate electronic notification with an audible or visual alarm to the owner or operator if liquid levels cannot be maintained.Any alarm that indicates that liquid levels are not being maintained is considered a positive response.The positive response shall be recorded as part of the release detection records and reported and investigated as an incident pursuant to Rule 62- 761.430,F.A.C. 4065 62-761.600 62- SNC-B Inspection Release detection r1093,1094 761.600(2)(a)2. Vacuum monitoring.This method methods do not shall be able to detect incidents by meet monitoring determining changes in vacuum requirements. levels within the interstice by continuous monitoring of vacuum levels and to provide immediate electronic notification with an audible or visual alarm to the owner or operator if vacuum levels cannot be maintained.Any alarm that indicates that vacuum levels are not being maintained is considered a positive response.The positive response shall be recorded as part of the release detection records and reported and investigated as an incident pursuant to Rule 62-761.430,F.A.C. 4065 62-761.600 62- SNC-B Inspection Release detection 1093,1094 761.600(2)(a)3. Pressure monitoring.This method methods do not shall be able to detect incidents by meet monitoring using an inert gas and determining requirements. changes in pressure levels within the interstice by continuous monitoring of pressure levels and to provide immediate electronic notification with an audible or visual alarm to the owner or operator if pressure levels cannot be maintained.Any alarm that indicates that pressure levels are not being maintained is considered a positive response.The positive response shall be recorded as part of the release detection records and reported and investigated as an incident pursuant to Rule 62- 761.430,F.A.C. 4065 62-761.600 62- SNC-B Inspection Release detection 1093,1094 Electronic sensors in a normally dry methods do not 761.600(2)(a)4. interstice.This method shall be able meet monitoring to detect the presence of liquid, requirements. other than condensate,in the interstice or monitoring low point and to provide immediate electronic notification with an audible or visual alarm to the owner or operator if liquid is detected.Any alarm that indicates the presence of liquid is considered a positive response.The positive response shall be recorded as part of the release detection records and reported and investigated as an incident pursuant to Rule 62- 761.430,F.A.C. 4065 62-761.600 62- 5NC-B Inspection Release detection 1093,1094 761.600(2)(a)5. Visually inspected liquid level methods do not monitoring systems.This method meet monitoring shall be able to detect incidents by requirements. determining changes in liquid levels within the interstice and monitoring reservoir.Any visual observation that indicates that liquid levels are not being maintained is considered a positive response.The positive response shall be recorded as part of the release detection records and reported and investigated as an incident pursuant to Rule 62- 761.430,F.A.C. 4065 62-761.600 62- Visually inspected vacuum or SNC-B Inspection Release detection 1093,1094 761.600(2)(a)6. methods do not pressure monitoring with gauges. This method shall be able to detect meet monitoring incidents by determining changes in requirements. vacuum or pressure levels within the interstice. ��fl 4065 62-761.600 62- SNC-B Inspection Release detection 1093,1094 761.600(2)(a)6.a. Pressure readings shall be able to methods do not detect a 50 percent change from meet monitoring one month to the next,or any requirements. change in pressure exceeding 50 percent of the initial level or of a pressure level that is reestablished at the time of an incident investigation or annual testing of the gauge,and for vacuum systems, any complete loss of vacuum or positive pressure reading.Vacuum or pressure refreshment must be performed in accordance with manufacturer's specifications and the system's equipment registration in subsection 62- 761.850(2),F.A.C.Any change indicated above is considered a positive response.The positive response shall be recorded as part of the release detection records and reported and investigated as an incident pursuant to Rule 62- 761.430,F.A.C. 4065 62-761.600 62- Liquid-filled gauges shall be SNC-B Inspection Release detection 1093,1094 761.600(2)(a)6.b. methods do not calibrated using NIST traceable meet monitoring standards prior to initial operation, requirements. hereby adopted and incorporated by reference. 4065 62-761.600 62- Visual monitoring of normally dry SNC-B Inspection Release detection 1093,1094 761.600(2)(a)7. interstices.This method shall be methods do not able to detect the presence of meet monitoring liquid at a low point of the requirements. interstice.Any presence of groundwater or surface water, other than condensate,or regulated substances in the interstice is considered a positive response.The positive response shall be recorded as part of the release detection records and reported and investigated as an incident pursuant to Rule 62- 761.430,F.A.C. 4065 62-761.600 62- SNC-B Inspection Release detection 1093,1094 Visual monitoring of liners.This methods do not 761.600(2)(a)8. method shall be able to detect the meet monitoring presence of liquid at a low point of requirements. the liner.The accumulation of water or condensation in the low point of the liner shall not interfere with the ability to detect regulated substances.Any unexplained presence of regulated substances in the liner is considered a positive response.The positive response shall be recorded as part of the release detection records and reported and investigated as an incident pursuant to Rule 62- 761.430,F.A.C. 4066 62-761.600 62-761.600(3) SNC-B Review Release detection 1080,1103, devices for 1104 Integral piping with secondary integral piping do containment. not meet general standards. 4066 62-761.600 62-761.600(3)(a) SNC-B Review Release detection 1080,1103, devices for 1104 One or more of the release integral piping do detection methods in subsection 62- not meet general 761.600(2),F.A.C.,shall be used. standards. 4066 62-761.600 62-761.600(3)(b) In addition,pressurized integral SNC-B Review Release detection 1080,1103, piping in contact with the soil shall devices for 1104 be equipped with a release integral piping do detection system that can detect a not meet general leak within one hour.One of the standards. following methods shall be used: 4066 62-761.600 62- SNC-B Review Release detection 1080,1103, 761.600(3)(b)1. Mechanical line leak detectors. devices for 1104 Mechanical line leak detectors shall integral piping do be capable of detecting a discharge not meet general of 3.0 gallons per hour(gph)with a standards. probability of detection of 0.95 and a probability of false alarm of 0.05 at an equivalent line pressure of 10 pounds per square inch(psi)and restrict flow within one hour.Any instance where the mechanical line leak detector is restricting flow is considered a positive response.The positive response shall be recorded as part of the release detection records and reported and investigated as an incident pursuant to Rule 62-761.430,F.A.C. 0 4066 62-761.600 62- Electronic line leak detectors. SNC-B Review Release detection 1080,1103, 761.600(3)(b)2. Electronic line leak detectors shall devices for 1104 be capable of detecting a discharge integral piping do of 3.0 gph with a probability of not meet general detection of 0.95 and a probability standards. of false alarm of 0.05 at an equivalent line pressure of 10 psi and shut off power to the pump. Any instance where the electronic line leak detector has shut off power to the pump is considered a positive response.The positive response shall be recorded as part of the release detection records and reported and investigated as an incident pursuant to Rule 62- 761.430,F.A.C.Monthly release detection printed tapes from automatic tank gauges for electronic line leak detectors are not required to be kept as records to demonstrate compliance,but a positive response from an electronic line leak detector must be recorded and investigated in accordance with Rule 62-761.430, F.A.C. 4066 62-761.600 62- SNC-B Review Release detection 1080,1103, 761.600(3)(b)3. Electronic interstitial monitoring devices for 1104 devices.Storage tank systems integral piping do without line leak detectors,shall not meet general have electronic interstitial standards. monitoring devices that are capable of detecting a release of 10 gallons within one hour and shutting off the pump.Any instance where the monitoring device has shut off the pump is considered a positive response.The positive response shall be recorded as part of the release detection records and reported and investigated as an incident pursuant to Rule 62- 761.430,F.A.C. 4067 62-761.600 62-761.600(4) Annual operability testing of Minor Review Release detection 1117 release detection systems. All devices not release detection devices shall be tested annually. tested annually at intervals not exceeding 12 months to ensure proper operation. The test must either simulate an actual alarm condition or shall be conducted according to manufacturer's specifications, and shall include, at a minimum, a determination of whether the device operates as designed. Remote testing of the system can be performed by the manufacturer if the remote test is included in the third-party certification by a Nationally Recognized Testing Laboratory. 0 4068 62-761.700 62-761.700(1) Minor Inspection Not repaired 1105,1110 component or Repairs. piping which has or could cause a discharge or release. 4068 62-761.700 62-761.700(1)(a) Minor Inspection Not repaired 1105,1110 component or Repairs shall be performed, as piping which has necessary, if any component of a or could cause a storage tank system has: discharge or release. 4068 62-761.700 62- Minor Inspection Not repaired 1105,1110 761.700(1)(a)1. A release or discharge or component or contributed to a release or piping which has discharge of a regulated substance; or could cause a or discharge or release. 4068 62-761.700 62- An operational or structural Minor Inspection Not repaired 1105,1110 761.700(1)(a)2. problem that could potentially component or result in a release or discharge, or piping which has lead to the presence of or could cause a groundwater or surface water in discharge or the interstice of a double-walled release. storage tank or integral piping. 4069 62-761.700 62-761.700(1)(b) The storage tank system shall SNC-B Inspection Not taken out of 1106 immediately cease operating, operation until dispensing,and accepting deliveries repair is made. if: 4069 62-761.700 62- Repairs are required for any SNC-B Inspection Not taken out of 1106 761.700(1)(b)1. component of a storage tank operation until system;and repair is made. 4069 62-761.700 62- SNC-B Inspection Not taken out of 1106 761.700 1 b 2. The nature of the repair activities or ( )( ) the condition of the component operation until repair is made. cannot be otherwise isolated from the storage tank system. The restrictions against operating the storage tank system shall not apply if the storage tank system contains fuels used solely for the generation of electricity by an electric utility as defined in Chapter 366, F.S.,where the removal of the storage tank system from use would result in the shutdown of electrical generating units serviced by the storage tank system. 4070 62-761.700 62-761.700(1)(c). Repairs shall be made: Minor Inspection Not repaired per 1107 applicable standards. 4070 62-761.700 62- To restore the structural integrity of Minor Inspection Not repaired per 1107 761.700(1)(c)1. the storage tank system and in a applicable manner that will prevent releases standards. or discharges from structural failure or corrosion for the remaining operational life of the storage tank system;and, 0 4070 62-761.700 62- In accordance with manufacturer's Minor Inspection Not repaired per 1107 761.700(1)(c)2. specifications and applicable applicable reference guidelines. standards. 4071 62-761.700 62-761.700(1)(d) If repairs are needed for any Minor Inspection Integrity test not 1102,1108, primary or secondary tank or piping completed before 1126,1127 system walls,or any interstitial being placed into spaces of storage tank system operation or components,the repaired service. components shall be integrity tested for liquid tightness before being placed back into operation 4072 62-761.700 62-761.700(2) Minor Review Cathodic protection systems shall be operated and maintained to provide continuous corrosion protection to the metal Cathodic protection. components of those portions of the storage tank and integral piping in contact with the soil or within metallic interstitial spaces using vapor corrosion inhibitor technologies. 4072 62-761.700 62-761.700(2)(a) Minor Review Cathodic protection systems shall be operated and maintained to provide Cathodic protection systems shall continuous be operated and maintained to corrosion provide continuous corrosion protection to the protection to the metal metal components of those portions of components of the storage tank and integral piping those portions of in contact with the soil or within the storage tank metallic interstitial spaces using and integral vapor corrosion inhibitor piping in contact technologies. with the soil or within metallic interstitial spaces using vapor corrosion inhibitor technologies. 0 4073 62-761.700 62-761.700(2)(b) Minor Inspection Cathodic 1111,1112, protection not 1113 operated and maintained to provide continuous protection. Inspection and testing System not requirements inspected 6 months after installation or repair and annually/3 years. Impressed current system not inspected every 2 months. 4073 62-761.700 62- Storage tank systems equipped Minor Inspection Cathodic 1111,1112, 761.700(2)(b)1. with cathodic protection must be protection not 1113 inspected,tested,and evaluated by operated and or under the direction of a maintained to Corrosion Professional within six provide months of installation or repair and continuous at least every year,or every three protection. years for factory-installed(galvanic) cathodic protection systems, System not thereafter in accordance with the inspected 6 criteria contained in NACE months after International Standards SP0169- installation or 2013,incorporated by reference in repair and subparagraph 62-761.500(3)(d)2., annually/3 years. F.A.C.,and SP0285-2011, incorporated by reference in Impressed subparagraph 62-761.500(2)(c)4., current system F.A.C.;or STI R051-06 Cathodic not inspected Protection Testing Procedures for every 2 months. sti-P3®UST's,(R051),Revised January 2006,as applicable, regardless of the date of installation of the storage tank system.All cathodic protection systems shall either have permanent test stations for soil-to- structure potential measurements or use temporary field test stations for required testing in accordance with this subparagraph. 4073 62-761.700 62- Minor Inspection Cathodic 1111,1112, 761.700(2)(b)2. Storage tank systems with protection not 1113 impressed current systems shall be operated and inspected at intervals not exceeding maintained to 60 days.All sources of impressed provide current shall be inspected.Evidence continuous of proper functioning shall be protection. current output,normal power consumption,a signal indicating System not normal operation,or satisfactory inspected 6 electrical state of the protected months after structure.Impressed current installation or systems that are inoperative for a repair and cumulative period exceeding 1,440 annually/3 years. hours in one year shall be immediately taken out-of-service Impressed and assessed within 30 days by a current system Corrosion Professional to ensure not inspected that the storage tank system is every 2 months. structurally sound,free of corrosion holes,and operating in accordance with the design criteria. 4074 62-761.700 62-761.700(2)(c) Records of the continuous Minor Review Records for 1114 operation of impressed current operation of systems and all cathodic protection impressed inspection,testing,and repair current systems activities shall be maintained in not complete. accordance with paragraph 62- 761.710(3)(c),F.A.C. 4075 62-761.700 62-761.700(2)(d) Storage tank systems with cathodic Minor Inspection Cathodic protection systems that have been protection determined by a Corrosion systems that do Professional that the cathodic not meet protection system cannot achieve requirements not or maintain protection levels in repaired in 90 accordance with the design criteria days or closed. shall: 4075 62-761.700 62- Minor Inspection Cathodic 761.700(2)(d)1. protection Be repaired within 90 days in systems that do accordance with subparagraph 62- not meet 761.700(2)(b)1.,F.A.C.,or requirements not repaired in 90 days or closed. 4075 62-761.700 62- Minor Inspection Cathodic 761.700(2)(d)2. protection systems that do Be closed in accordance with not meet subsection 62-761.800(2),F.A.C. requirements not repaired in 90 days or closed. 4076 62-761.700 62-761.700(3) Minor Inspection Failure to allow 1020,1028, for/perform 1119,1120 Operation and maintenance. breach of integrity test, tightness test for integral piping. 4076 62-761.700 2-761.700(3)(a) Minor Inspection Failure to allow 1020,1028, for/perform 1119,1120 breach of Integrity testing. integrity test, tightness test for integral piping. 4076 62-761.700 62- The integrity of secondary Minor Inspection Failure to allow 1020,1028, 761.700(3)(a)1. containment systems and for/perform 1119,1120 interstitial spaces,regardless of the breach of date of installation of the storage integrity test, tank system or storage tank system tightness test for component, shall be verified by ntegral piping. performing an interstitial or containment integrity test in accordance with manufacturer's specifications or PEI/RP1200-12, 2012 Edition, incorporated by reference in subparagraph 62- 761.500(1)(b)5., F.A.C. Secondary containment systems that use vacuum, pressure, or liquid level (hydrostatic)monitoring for release detection are exempt from this requirement. The interstitial or containment integrity tests shall be performed in accordance with the following schedule: 4076 62-761.700 62- Minor Inspection Failure to allow 1020,1028, 761.700(3)(a)1.a. Double-walled storage tanks and for/perform 1119,1120 piping shall be tested at the time of breach of installation and at the time of any integrity test, subsequent repair; tightness test for integral piping. 4076 62-761.700 62- Minor Inspection Failure to allow 1020,1028, 761.700(3)(a)1.b. for/perform 1119,1120 Below-grade piping sumps shall be breach of tested by October 13, 2018, and integrity test, every three years thereafter; tightness test for integral piping. 4076 62-761.700 62- Minor Inspection Failure to allow 1020,1028, 761.700(3)(a)1.c. for/perform 1119,1120 Below-grade dispenser sumps shall breach of be tested by October 13,2018,and integrity test, every three years thereafter; tightness test for integral piping. 4076 62-761.700 62- Minor Inspection Failure to allow 1020,1028, 761.700(3)(a)1.d. Double-walled spill containment for/perform 1119,1120 systems shall be tested by October breach of 13, 2018, and every three years integrity test, thereafter; tightness test for integral piping. 4076 62-761.700 62- Minor Inspection Failure to allow 1020,1028, 761.700(3)(a)1.e. All single-walled spill containment for/perform 1119,1120 systems shall be tested within one breach of year of the January 11,2017,and at integrity test, intervals not exceeding every 12 tightness test for months thereafter;and, integral piping. 4076 62-761.700 62- Minor Inspection Failure to allow 1020,1028, 761.700(3)(a)1.f. Single-walled storage tanks or for/perform 1119,1120 integral piping installed within breach of liners are exempt from this integrity test, requirement. tightness test for integral piping. 4076 62-761.700 62- Minor Inspection Failure to allow 1020,1028, 761.700(3))a)2. Any integrity test that indicates that for/perform 1119,1120 the component is not tight shall be breach of reported and investigated as an integrity test, incident pursuant to Rule 62- tightness test for 761.430,F.A.C. integral piping. 4077 62-761.700 62-761.700(3)(b) Minor Review Spill 1115 containment, dispenser liners, and piping sumps Water removal. not accessible. Water or regulated substances not removed. 4077 62-761.700 62- Minor Review Spill 1115 761.700(3)(b)1. Spill containment systems, containment, interstitial spaces,dispenser sumps, dispenser liners, and piping sumps shall be and piping sumps maintained to provide access for not accessible. examination and water removal. Water or Water in excess of one inch in regulated depth,or any regulated substance substances not collected in secondary removed. containment,spill containment systems,or in piping sumps and dispenser sumps shall be removed within 72 hours of discovery and be either reused or properly disposed. 4077 62-761.700 62- Minor Review Spill 1115 761.700(3)(b)2. containment, Petroleum Contact Water. dispenser liners, Petroleum contact water from and piping sumps storage tank systems shall be not accessible. managed in accordance with Water or Chapter 62-740,F.A.C. regulated substances not removed. 4078 62-761.710 62-761.710(1) All records,whether in paper or Minor Review Permanent 1122 electronic format,shall be dated records not and available for inspection by the available within 5 Department or county.If records working days are not kept at the facility,they notice. shall be made available at the facility or another agreed upon location upon five business days of receipt of the Department's or county's request.Site access to the facility shall be provided for compliance inspections conducted at reasonable times. 4079 62-761.710 62-761.710(2) Records of the following,generated Minor Review Records requiring 1123 on or after January 11, 2017, are 3 years required to be kept for three years. documentation Records of the following,generated period not kept before January 11, 2017, are by facility. required to be kept for two years: 4079 62-761.710 62-761.710(2)(a) Minor Review Records requiring 1123 3 years Repair,operation,and maintenance documentation records; period not kept by facility. 4079 62-761.710 62-761.710(2)(b) All release detection results, Minor Review Records requiring 1123 including a record or summary of 3 years the alarm history, sensor status, documentation and testing results for electronic period not kept systems, performed in accordance by facility. with paragraph 62-761.600(2)(e), F.A.0: 4079 62-761.710 62-761.710(2)(c) Minor Review Records requiring 1123 All test data and results gathered 3 years during annual operability tests and documentation integrity tests;and, period not kept by facility. 4079 62-761.710 62-761.710(2)(d) Minor Review Records requiring 1123 3 years Records of the types of fuels stored documentation per tank. period not kept by facility. 4080 62-761.710 62-761.710(3) Records of the following shall be Minor Review Records required 1091,3075 maintained until storage tank for life of system system closure: not kept by facility 4080 62-761.710 62-761.710(3)(a) Manufacturer's instructions for Minor Review Records required 1091,3075 operation, maintenance, and for life of system testing for release detection not kept by equipment; facility 4080 62-761.710 62-761.710(3)(b) Records of storage tank system Minor Review Records required 1091,3075 installations, replacements, for life of system recertifications,and upgrades; not kept by facility 4080 62-761.710 62-761.710(3)(c) Records of installation, Minor Review Records required 1091,3075 maintenance, inspections, and for life of system testing of cathodic protection not kept by systems in accordance with NACE facility. and STI standards: 4080 62-761.710 62-761.710(3)(d) Minor Review Records required 1091,3075 Survey drawings as specified in for life of system paragraph 62-761.500(1)(i),F.A.C.; not kept by facility 4080 62-761.710 62-761.710(3)(e) A copy of all INFs,and the results of Minor Review Records required 1091,3075 all incident investigations as for life of system specified in Rule 62-761.430,F.A.C.; not kept by facility 4080 62-761.710 62-761.710(3)(f) Minor Review Records required 1091,3075 A copy of all DRFs; for life of system not kept by facility 4080 62-761.710 62-761.710(3)(g) A copy of all documents required in Minor Review Records required 1091,3075 Rule 62-761.800, F.A.C., if the for life of system location continues as a facility; not kept by facility 4080 62-761.710 62-761.710(3)(h) Minor Review Records required 1091,3075 Records to demonstrate insurance for life of system as the method of financial not kept by responsibility for storage tank facility. systems shall be maintained in permanent form if no contamination has been reported or if no Site Rehabilitation Completion Order(SRCO)has been issued pursuant to Chapter 62-780, F.A.C.Records demonstrating other methods of financial responsibility for storage tank systems shall be maintained for the duration of the effective period of that financial responsibility method;and, 4080 62-761.710 62-761.710(3)(l) Minor Review Records required 1091,3075 Records documenting compliance for life of system with compatibility of storage tank not kept by systems and system components facility. storing regulated substances containing ethanol blends greater than 10 percent and biodiesel blends greater than 20 percent in accordance with paragraphs 62- 761.405(2)(d), 62-761.500(1)(d), and 62-761.850(2)(g),F.A.C. 4081 62-761.710 62-761.710(4) Minor Review Records of current training certificates for Records of current training designated Class certificates for designated Class A, A,B,and C B, and C operators shall be operators shall maintained for as long as the be maintained for operators are designated for that as long as the facility. operators are designated for that facility not kept. 4082 62-761.800 62-761.800(1) Minor Inspection Requirements 1125,1129 not met for out of service Out-of-service storage tank systems, systems. including liquids and sludges not removed from tank(s). 4082 62-761.800 62-761.800(1((b) Minor Inspection Requirements 1125,1129 not met for out of service Facility owners and operators of systems, out-of-service storage tank systems including liquids shall: and sludges not removed from tank(s). 4082 62-761.800 62- Minor Inspection Requirements 1125,1129 761.800(1)(b)1. not met for out Continue to operate and maintain of service corrosion protection in accordance systems, with subsection 62-761.700(2), including liquids F.A.C.; and sludges not removed from tank(s). 4082 62-761.800 62- Minor Inspection Requirements 1125,1129 761.800(1)(b)2. not met for out of service Continue to maintain and systems, demonstrate financial responsibility including liquids pursuant to Rule 62-761.420,F.A.C.; and sludges not removed from tank(s). 4082 62-761.800 62- Minor Inspection Requirements 1125,1129 761.800(1)(b)3. not met for out of service Leave vent lines open and systems, functioning; including liquids and sludges not removed from tank(s). 4082 62-761.800 62- Minor Inspection Requirements 1125,1129 761.800(1)(b)4. not met for out Remove all regulated substances so of service that no more than one inch in systems, depth or 0.3 percent by weight of including liquids regulated substances remains in and sludges not the storage tank;and, removed from tank(s). 4082 62-761.800 62- Minor Inspection Requirements 1125,1129 761.800(1)(b)5. not met for out of service Secure or close off the system to systems, outside access. including liquids and sludges not removed from tank(s). 4083 62-761.800 62-761.800(1)(c) Minor Inspection Out of service 1125 Facility owners and operators of storage tank out-of-service storage tank systems systems shall monitor the interstice and the interstice and liquid level in the storage tank liquid level not annually but not to exceed 12 monitored months,unless the tank system annually. contains no regulated substances. Records of these inspections shall be maintained in accordance with subsection 62-761.710(2),F.A.C.In the event that liquid in excess of one inch,or 0.3 percent by weight, in the storage tank or any liquid, other than condensate,in the interstice is discovered,facility owners and operators must follow the procedures for incidents pursuant to Rule 62-761.430,F.A.0 4084 62-761.800 62-761.800(1)(d) Release detection device annual Minor Inspection Out of service 1125 operability testing,containment storage tank and interstitial integrity testing,and systems not annual overfill protection device tested annually testing are not required while the for operability. system is properly out-of-service. All aforementioned testing shall be up-to-date in accordance with this chapter and indicate proper operation before adding regulated substances to the storage tank system.In addition,storage tank systems installed after January 11, 2017,that have been out-of-service for more than 730 days shall perform interstitial integrity testing of the storage tank and integral piping before adding regulated substances to the storage tank system. 4085 62-761.800 62-761.800(1)(e) SNC-B Review Storage tanks 1121,1128 Storage tank systems with systems with secondary containment shall only secondary be designated as out-of-service for containment a maximum of 10 continuous years. designated out of Upon expiration of this time period, service greater the storage tank system must be than 10 years. closed in accordance with subsection 62-761.800(2)(b),F.A.C. 4086 62-761.800 62-761.800(2) SNC-B Inspection USTs not closed 1132 with 90 days of Closure of storage tank systems. discovery,or not meeting requirements, unable to be repaired or no rn 4086 62-761.800 62-761.800(2)(a) SNC-B Inspection USTs not closed 1132 with 90 days of The following storage tank systems discovery,or not must be closed in accordance with meeting the provisions of this subsection: requirements, unable to be repaired or no rn 4086 62-761.800 62- SNC-B Inspection USTs not closed 1132 761.800(2)(a)1. A storage tank system that fails to with 90 days of meet or,if required,is not modified discovery,or not to meet the Storage Tank System meeting Requirements of Rule 62-761.500, requirements, F.A.C.,within 90 days of discovery. unable to be repaired or no rn 4086 62-761.800 62- SNC-B Inspection USTs not closed 1132 761.800(2)(a)2. A storage tank system that requires with 90 days of repair pursuant to Rule 62-761.700, discovery,or not F.A.C., but cannot be repaired to meeting operate in accordance with the requirements, requirements of this chapter shall unable to be be taken out-of-service.If it cannot repaired or no be repaired within 365 days after FR. being taken out-of-service, it shall be permanently closed. 4086 62-761.800 62- SNC-B Inspection USTs not closed 1132 761.800(2)(a)3. A storage tank system where with 90 days of financial responsibility is` not discovery,or not maintained and demonstrated, meeting pursuant to Rule 62-761.420,F.A.C., requirements, within 90 days of termination of the unable to be financial mechanism. repaired or no rn 4087 62-761.800 62-761.800(2)(b) Minor Inspection Storage tank 1130,1131, Closure of storage tank systems system closure 1133,1134 shall be performed by: requirements not met 4087 62-761.800 62- Minor Inspection Storage tank 1130,1131, 761.800(2)(b)1. Conducting a Closure Integrity system closure 1133,1134 Evaluation as defined in subsection requirements not 62-761.200(10), F.A.C., and met. completing the Closure Integrity Evaluation Report Form for USTs 62 761.900(7) (Closure Integrity Report), incorporated by reference in paragraph 62-761.405(2)(c), F.A.C.The form shall be submitted in writing or electronic format to the appropriate county; 4087 62-761.800 62- Removing all liquids and Minor Inspection Storage tank 1130,1131, 761.800(2)(b)2. accumulated sludges. The removal system closure 1133,1134 and disposal of all liquids and requirements not accumulated sludges may be met. required according to other local, state,and federal requirements; 4087 62-761.800 62- Minor Inspection Storage tank 1130,1131, Removing by a Certified Contractor 761.800(2)(b)3. or disconnecting and capping all system closure 1133,1134 integral piping; requirements not met 4087 62-761.800 62- Minor Inspection Storage tank 1130,1131, 761.800(2)(b)4. Removing and disposing of a system closure 1133,1134 storage tank by a Certified requirements not Contractor, or in-place closure by met. filling the storage tank with a solid inert material of sufficient density to prevent a structural collapse of the closed storage tank,which shall be in accordance with the following documents, hereby adopted and incorporated by reference, and available from the addresses given, regardless of the date of installation of the storage tank system: Closure of Underground Petroleum Storage Tanks, API Recommended Practice 1604, 3rd Edition, March 1996. In lieu of in- place closure or removal,a storage tank may be used to store liquids other than regulated substances in accordance with API Recommended Practice 1604, 3rd Edition, March 1996(Reaffirmed,November 2001). Owners and operators are advised that other federal, state, or local requirements apply that regulate these activities;and, 4087 62-761.800 62- Properly closing monitoring wells Minor Inspection Storage tank 1130,1131, 761.800(2)(b)5. associated with closed systems that system closure 1133,1134 are not being used for site requirements not assessment purposes. met 4088 62-761.800 62-761.800(3) Minor Review Closure Integrity 1135 Report and Closure Integrity Report, Closure Evaluation not Report,and Limited Closure Report completed and Requirements. submitted in a timely fashion. 4088 62-761.800 62-761.800(3)(a) Minor Review Closure Integrity 1135 Report and Evaluation not Closure Integrity Report. completed and submitted in a timely fashion. 4088 62-761.800 62- Minor Review Closure Integrity 1135 761.800(3)(a)1. A Closure Integrity Evaluation, as defined in subsection 62- Report and 761.200(10), F.A.C., must be Evaluation not performed no more than 45 days completed and prior to closure, replacement, or submitted in a change in service from a regulated timely fashion. substance to a non-regulated substance for all double-walled storage tanks, double-walled integral piping, piping sumps, dispenser sumps, and spill containment systems that are in contact with the soil. A Closure Integrity Report must be completed to document the findings of the Closure Integrity Evaluation. 4088 62-761.800 62- A Closure Integrity Evaluation Minor Review Closure Integrity 1135 761.800(3)(a)2. requires a visual assessment of the Report and interstitial space of double-walled Evaluation not tanks,integral piping,piping sumps, completed and dispenser sumps, and spill submitted in a containment systems that are in timely fashion. contact with the soil to determine if there are any products or pollutants or any water other than condensate present within the interstice.Other methods approved by the manufacturer or the Department such as vacuum, pressure, or inert gases may be used instead of visual observations. 4088 62-761.800 62- A Closure Integrity Evaluation for Minor Review Closure Integrity 1135 761.800(3)(a)3. single-walled piping sumps, Report and dispenser sumps, and spill Evaluation not containment systems that are in completed and contact with the soil requires a submitted in a hydrostatic test or another test timely fashion. aooroved by the manufacturer. 4088 62-761.800 62- Minor Review Closure Integrity 1135 761.800(3)(a)4. The county must be provided with a Report and copy of the Closure Integrity Report Evaluation not as part of the notification process completed and pursuant to subsection 62- submitted in a 761.405(2),F.A.C. timely fashion. 4088 62-761.800 62- Minor Review Closure Integrity 1135 761.800(3)(a)5. A failed Closure Integrity Evaluation Report and requires the reporting of the failed Evaluation not evaluation as an incident in completed and accordance with subsection 62 submitted in a 761.405(3), F.A.C., and the timely fashion. Investigation of the incident in accordance with subsection 62- 761.430, F.A.E. If sampling is necessary to determine whether a discharge has occurred, then an investigation shall be conducted during closure in accordance with Instructions for Conducting Sampling During Underground Storage Tank Closure, April 2016 Edition, hereby adopted and incorporated by reference, and available at http://www.flrules.org/Gateway/re ference.asp?No=Ref-07662, or the Department address given in paragraph 62-761.210(1)(e), F.A.C., or the Department's website at http://www.dep.state.fl.us/waste/c ategories/tanks/pages/rules.htm, regardless of the date of installation of the storage tank system or system component being closed. 4088 62-761.800 62- The owner or operator who does Minor Review Closure Integrity 1135 761.800(3)(a)6. not conduct a Closure Integrity Report and Evaluation before the storage tank Evaluation not system or system component has completed and been removed or closed in-place, submitted In a regardless of the date of timely fashion. installation of the storage tank system or system component,shall conduct an investigation at the time of closure in accordance with Instructions for Conducting Sampling During Underground Storage Tank Closure, April 2016 Edition. 4089 62-761.800 62-761.800(3)(b) SNC-B Review Closure 1135,1136, Closure Report. In cases where an assessment, 1137 investigation is conducted at the sampling not time of closure in accordance with performed and Instructions for Conducting submitted within Sampling During Underground 60 days. Storage Tank Closure, April 2016 Edition, a Closure Report shall be submitted in writing or electronic format to the County within 60 days of completion of the closure, replacement, or change in service from a regulated substance to a non-regulated substance. The Closure Report shall be prepared in accordance with Instructions for Conducting Sampling During Underground Storage Tank Closure, April 2016 Edition. 0 4090 62-761.800 62-761.800(3)(c) SNC-B Review Closure 1135 Limited Closure Report. In cases assessment not where a Closure Integrity performed. Evaluation passed or where a failed Closure Integrity Evaluation was investigated prior to closure and it was demonstrated that a discharge did not occur, Form 62-761.900(8), Limited Closure Report Form for USTs, incorporated by reference in subsection 62-761.420(2), F.A.C., shall be submitted in writing or electronic format to the county within 60 days of completion of the closure, replacement, or change in service from a regulated substance to a non-regulated substance. 4091 62-761.850 62-761.850(1) Alternative procedure Minor Review Facility not in 1149 requirements. compliance with Alternate Procedure. 4091 62-761.850 62-761.850(1)(a) Any person subject to the Minor Review Facility not in 1149 provisions of this chapter may compliance with request in writing a determination Alternate by the Secretary or the Secretary's Procedure. designee that any requirement of this chapter shall not apply to a regulated storage tank system at a facility, and shall request approval of alternative procedures or requirements on Form 62- 761.900(4), Alternative Procedure Form, effective date,January 2017, hereby adopted and incorporated by reference. 4091 62-761.850 62-761.850(1)(b) The request shall set forth at a Minor Review Facility not in 1149 minimum the following compliance with information: Alternate Procedure 4091 62-761.850 62- The specific storage tank system or Minor Review Facility not in 1149 761,850(1)(b)1. facility for which an exception is compliance with sought; Alternate Procedure 4091 62-761.850 62- The specific provisions of this Minor Review Facility not in 1149 761.850(1)(b)2. chapter from which an exception is compliance with sought; Alternate Procedure. 4091 62-761.850 62- Minor Review Facility not in 1149 761.850(1)(b)3. The basis for the exception; compliance with Alternate Procedure 4091 62-761.850 62- The alternative procedure or Minor Review Facility not in 1149 761.850(1)(b)4. requirement for which approval is compliance with sought; Alternate Proredure 4091 62-761.850 62- Documentation that demonstrates Minor Review Facility not in 1149 761.850(1)(b)5. that the alternative procedure or compliance with requirement provides an equivalent Alternate or greater degree of protection for Procedure. the lands, surface waters or groundwaters of the state as the specific provisions of this chapter from which an alternative procedure is sought established requirement;and, 4091 62-761.850 62- Documentation that demonstrates Minor Review Facility not in 1149 761.850(1)(b)6. that the alternative procedure or compliance with requirement is at least as effective Alternate as the established procedure or Procedure. requirement. 4091 62-761.850 62- II all anemauve }7IULeUUle uI requirement is not able to be Minor Review Facility not in 1149 761.850(1)(b)7. compliance with sought under subparagraph 5.or 6., Alternate then documentation that demonstrates that the specific Procedure. provisions of this chapter from which the exception is sought imposes regulatory costs on the regulated entity that could be reduced through approval of a less costly regulatory alternative or requirement that provides a substantially equivalent degree of protection for the lands, surface waters, or groundwaters of the State as the established 4091 62-761.850 62-761.850(1)(c) The Department shall issue an Minor Review Facility not in 1149 Order within 60 days of the receipt compliance with of a completed Alternative Alternate Procedure Form either: Procedure. 4091 62-761.850 62- Approving the request with any Minor Review Facility not in 1149 761.850(1)(c)1. conditions necessary to meet the compliance with requirements of paragraph 62- Alternate 761.850(1)(b),F.A.C.,or Prnredure 4091 62-761.850 62- Denying the request and stating the Minor Review Facility not in 1149 761.850(1)(c)2. reason(s) the request does not compliance with make an adequate demonstration Alternate that the requirements of paragraph Procedure. 62-761.850(1)(b), F.A.C., have been met. 4091 62-761.850 62-761.850(1)(d) The Department's order shall be Minor Review Facility not in 1149 Agency action, reviewable in compliance with accordance with Sections 120.569 Alternate and 120.57, F.S. The Department's Procedure. failure to timely issue an Order does not grant or approve the renuest. 4091 62-761.850 62-761.850(1)(e) The provisions of this rule do not Minor Review Facility not in 1149 preclude the use of any other compliance with applicable relief provisions. Alternate Prnredure 4091 62-761.850 62-761.850(1)(f) Facilities where an alternative Minor Review Facility not in 1149 procedure was previously approved compliance with by the Department may continue to Alternate operate using the conditions of the Procedure. alternative procedure issued by the Department. 0 4092 62-761.850 62-761.850(2) Registration of storage tank system Minor Review Equipment not 1081,1150 equipment and release detection approved by DEP systems and methods. before installation or IICP 4092 62-761.850 62-761.850(2)(a) Owners and operators shall verify Minor Review Equipment not 1081,1150 at the time of installation that the approved by DEP storage tank system equipment and before release detection systems and installation or methods(including equipment and use. methods that were previously approved by the Department under the former Equipment Approval process)have been registered with the Department. 4092 62-761.850 62-761.850(2)(b) Minor Review Equipment not 1081,1150 Any storage tank system equipment approved by DEP installed after January 11,2017, before must be registered with the installation or Department in accordance with this use. subsection.Upon discovery,non- registered storage tank system equipment installed after January 11,2017,must be removed within 90 days,unless registration is applied for or obtained and listed within the 90 day time period. 4092 62-761.850 62-761.850(2)(c) Equipment previously approved by Minor Review Equipment not 1081,1150 the Department under the former approved by DEP Equipment Approval process and before installed prior to January 11,2017, installation or can continue to be used regardless use. of later non-renewal or removal of registration from the list of registered storage tank system equipment,provided the equipment is still operating as designed and installed. 4092 62-761.850 62-761.850(2)(d) Only the storage tank system Minor Review Equipment not 1081,1150 equipment as stated in this Chapter approved by DEP shall be registered by the before equipment manufacturer using installation or Form 62-761.900(9),Storage Tank use. Equipment Registration Form, (Equipment Registration Form) effective date,January 2017, hereby adopted and incorporated by reference.The following storage tank system equipment is exempt from registration: 4092 62-761.850 62- Minor Review Equipment not 1081,1150 761.850(2)(d)1. Dispensers,dispenser islands, approved by DEP nozzles,and hoses; before installation or IMP 4092 62-761.850 62- Minor Review Equipment not 1081,1150 761.850)2)(d)2. approved by DEP Manhole and fillbox covers; before installation or lice 4092 62-761.850 62- Minor Review Equipment not 1081,1150 761.850(2)(d)3. approved by DEP Valves and ball float valves; before installation or I Ice 4092 62-761.850 62- Minor Review Equipment not 1081,1150 761.850(2)(d)4. approved by DEP Cathodic protection test stations; before installation or IICP 4092 62-761.850 62- Minor Review Equipment not 1081,1150 761.850(2)(d)5. Integral piping not in contact with approved by DEP soil,unless the integral piping before extends over or into surface waters; installation or I Ice 4092 62-761.850 62- Minor Review Equipment not 1081,1150 761.850(2)(d)6. approved by DEP Vent lines;and, before installation or I ICP 4092 62-761.850 62- Minor Review Equipment not 1081,1150 761.850(2)(d)7. Gauges used for vacuum and approved by DEP pressure monitoring. before installation or IISP 4092 62-761.850 62-761.850(2)(e) Equipment registration requests Minor Review Equipment not 1081,1150 shall be submitted to the approved by DEP Department in writing or electronic before format with a demonstration that installation or the equipment will meet the use. appropriate performance requirements contained in this chapter.Any approvals or denials received from other states or countries shall be included in the registration request to the Department. 4092 62-761.850 62-761.850(2)(f) A third party demonstration by a Minor Review Equipment not 1081,1150 Nationally Recognized Testing approved by DEP Laboratory shall be submitted in before writing or electronic format to the installation or Department with the application. use. The third-party demonstration shall nrnvide: 4092 62-761.850 62- Minor Review Equipment not 1081,1150 761.850(2)(f)1. A technical evaluation of the approved by DEP equipment; before installation or IICP 4092 62-761.850 62- Minor Review Equipment not 1081,1150 761.850(2)(f)2. Test results that verify that the approved by DEP equipment will function as before designed; installation or IMP 4092 62-761.850 62- A professional certification or Minor Review Equipment not 1081,1150 761.850(2)(f)3. determination that the equipment approved by DEP meets the performance before requirements contained in this installation or chapter. I ICP 4092 62-761.850 62- Minor Review Equipment not 1081,1150 761.850(2)(f)4. Integrity test requirements and approved by DEP procedures; before installation or IICP 4092 62-761.850 62- Minor Review Equipment not 1081,1150 Annual operability testing 761.850(2)(f)5. procedure for the equipment or approved by DEP release detection system or before method;and, installation or I ICP 4092 62-761.850 62- Minor Review Equipment not 1081,1150 761.850(2)(f)6. Copies of the manufacturer's approved by DEP instructions to maintain the before manufacturer's warranty. installation or I ICP 4092 62-761.850 62-761.850(2)(g) Minor Review Equipment not 1081,1150 For storage tank systems or system components that are compatible approved by DEP with ethanol blends greater than 10 before installation or percent or biodiesel blends greater than 20 percent,compatibility must use. be demonstrated to the Department by a third-party in paragraph(f)of this subsection or manufacturer approval. Manufacturer approval must be in writing,indicate an affirmative statement of compatibility,specify the range of biofuel blends the equipment or system component is compatible with,and be from the equipment or system component manufacturer. 4092 62-761.850 62-761.850(2)(h) Release detection methods and Minor Review Equipment not 1081,1150 tank and piping tightness and approved by DEP pressure testing methods must be before registered in accordance with this installation or subsection prior to being used. use. 4092 62-761.850 62-761.850(2)(i) The storage tank system equipment Minor Review Equipment not 1081,1150 and release detection systems and approved by DEP methods registered with the before Department under this subsection installation or must be renewed by the equipment use. manufacturer every five years. Failure to renew will result in removal from the equipment registration list.Any changes, improvements,or modifications to equipment beyond the scope of the original demonstration by the Nationally Recognized Testing Laboratory will require a renewal of the registration and a new demonstration from a Nationally Recognized Testing Laboratory pursuant to paragraph 62- 761.850(2)(f),F.A.C. 4092 62-761.850 62-761.850(2)(j) The Department shall only place Minor Review Equipment not 1081,1150 conditions upon the use of the approved by DEP storage tank system equipment and before release detection systems and installation or methods,remove equipment or use. methods from the list of registered storage tank system equipment,or not renew registration if: 4092 62-761.850 62- Minor Review Equipment not 1081,1150 761.850(2)(j)1. The information submitted to the approved by DEP Department is not in accordance before with this subsection; installation or I IfP 4092 62-761.850 62- The equipment does not perform in Minor Review Equipment not 1081,1150 761.850(2)(j)2. field application as certified in the approved by DEP third-party certification by a before Nationally Recognized Testing installation or Laboratory,or I[GP 4092 62-761.850 62- Minor Review Equipment not 1081,1150 The equipment is not constructed 761.850(2)(j)3. in accordance with the approved approved by DEP registration or applicable Reference before Guidelines. installation or nGP Violation Old Violation Rule Root Rule Number(s) Citation Significance Reevaluation Short Description ID Reference Site access to the facility,subject to safety considerations,shall be provided for compliance inspections conducted at reasonable times and with notice by phone or email.The facility owner or 5000 62-762.101 62-762.101(5) operator shall provide an authorized Minor Inspection No reasonable access facility representative to safely access provided. storage tank system components for inspection purposes and demonstrate operational functionality of electronic equipment. For new facilities,which are facilities that began construction after January 11, 2017, a completed Form 62-762.901(2), Storage Tank Facility Registration Form (Registration Form),effective date, January 2017,hereby adopted and incorporated by reference,shall be For a new system, submitted in electronic or paper format 5001 62-762.401 62-762.401(1)(b) Minor Review Registration Form 2001 to the Department no later than 30 days prior to installation.For facilities with not submitted. existing registered storage tank systems, a completed Registration Form shall be submitted in electronic or paper format to the Department no later than seven days prior to regulated substances being put into any new storage system. For a change in service status or closure pursuant to Rules 62-762.801 and 62- 762.802,F.A.C.,a completed Registration Registration Form not submitted for 5002 62-762.401 62-762.401(2) Form shall be submitted in paper or Minor Review electronic format to the Department change in service or within 10 days after completion of the closure. change in service status or closure. Following owner A completed Registration Form shall be change or discovery submitted to the Department in paper or 5003 62-762.401 62-762.401(3)(a) electronic format within 10 days of the Minor Review of unregistered 2009 following changes or discovery: facility,Registration Form not submitted. Following owner change or discovery Any change in the owner or operator of 5003 62-762.401(3)(a) a facility or of a storage tank system; Minor Review of unregistered 2009 facility,Registration Form not submitted. Any change or correction in the information reported in the Registration Following owner change or discovery Form.A change within the same blend of 5003 62-762.401(3)(b) regulated substances should not be Minor Review of unregistered 2009 reported (e.g., regular unleaded to facility,Registration premium unleaded gasoline);and, Form not submitted. Following owner The discovery of an unregistered storage change or discovery 5003 62-762.401(3)(c) tank system, Minor Review of unregistered 2009 facility,Registration Form not submitted. 5004 62-762.401 62-762.401(4) Registration fees. Minor Review Registration fees not 2004 paid. 0 Registration fees are due from the tank or facility owner or operator,as Registration fees not 5004 62-762.401(4)(a) indicated in this section,for all storage Minor Review 2004 tank systems and compression vessels, paid. required to be registered,except for: Storage tank systems and compression vessels that have been properly closed in Registration fees not 5004 62-762.401(4)(a)1. accordance with subsections 62- Minor Review 2004 762.801(2)and 62-762.802(3),F.A.C.; paid. and, Storage tank systems and compression Registration fees not 5004 62-762.401(4)(x)2. vessels at federally-owned or operated Minor Review 2004 facilities. paid. A fee of$50.00 per storage tank or compression vessel shall be submitted for each initial registration of a storage Registration fees not 5004 62-762.401)4))b) Minor Review 2004 tank system or compression vessel.The paid. fee shall be paid within 30 days after receipt of an invoice by the Department. A renewal fee of$25.00 for each storage tank with a capacity of 250,000 gallons Registration fees not 5004 62-762.401(4)(c) or less and for each compression vessel Minor Review 2004 shall be paid to the Department by July 1 paid. each year. A renewal fee of one dollar per every 10,000 gallons of storage capacity for each storage tank with a storage Registration fees not 5004 62-762.401(4)(d) capacity greater than 250,000 gallons, Minor Review 2004 shall be paid to the Department each paid. year,not to exceed$1,000.00 per storage tank. A fee of$25.00 per storage tank shall be paid to the Department for each storage Registration fees not 5004 62-762.401(4)(e) tank or compression vessel that is Minor Review 2004 replaced within 30 days after receipt of paid. an invoice by the Department. A late fee of$20.00 per storage tank or 5004 62-762.401(4)(f) compression vessel shall be paid to the Minor Review Registration fees not 2004 Department for any renewal that is paid. received after July 31. In no circumstance will the owner or operator of any facility pay an annual fee Registration fees not 5004 62-762.401(4)(g) greater than$5,000.00 for all regulated Minor Review 2004 substance storage tanks located at the paid. facility. In no circumstance will the owner or operator of any facility pay an annual fee greater than$2,500.00 for all registered Registration fees not 5004 62-762.401(4)(h) compression vessels and hazardous Minor Review paid 2004 substance storage tanks located at the facility. Upon receipt of payment of all applicable registration fees,each facility shall receive a registration placard, 5004 62-762.401(4)(i) pursuant to Section 376.3077,F.S.The Minor Review Registration fees not 2004 placard shall be displayed in plain view paid. in the office,kiosk,or at another suitable location at the facility where the storage tank system is located. r,.. i ,� Unless a valid registration placard is displayed in plain view as required by paragraph 62-762.401(4)(i),F.A.C.,no motor fuel may be deposited into a storage tank required to be registered pursuant to this Rule.Facility owners, Placard not 5005 62-762.401 62-762.401(5) operators,and suppliers are each SNC-B Review 2003 displayed. responsible for compliance with this provision.For the purposes of this Rule, motor fuels mean petroleum products, including petroleum products blended with biofuels,used for the operation of a motor or engine. Notification shall be received by the County in writing or electronic format between 30 and 45 days before Notification of installation of a storage tank system or installation not 5006 62-762.411 62-762.411(1)(b) 2005,2007 system component unless the County Minor NCLI received in required agrees to a shorter time period. timeframes. Notification shall also be received by the County in writing or electronic format Notification of installation not 5006 62-762.411(1)(c) between 48 and 72 hours prior to the Minor NCLI 2005,2007 installation work to confirm the date and received in required timeframes. time of the scheduled activities. For change in service status and closure, 5007 62-762.411 62-762.411(2) For change in service status and closure: Minor NCLI notification not 2006 received in a timely manner. Notification shall be received by the county in writing or electronic format For change in service between 30 and 45 days before the status and closure, 5007 62-762.411(2)(a) initiation of the work related to the Minor NCLI notification not 2006 change in service status or closure unless received in a timely the county agrees to a shorter time manner. period. Notification shall also be received by the county in writing or electronic format For change in service between 48 and 72 hours prior to the status and closure, 5007 62-762.411(2)(b( initiation of the work related to the Minor NCLI notification not 2006 change in service status or closure to received in a timely confirm the date and time of the manner. scheduled activities. A Closure Integrity Evaluation Report Form for ASTs 62-762.901(7),(Closure Integrity Report),effective date,January For change in service 2017,hereby adopted and incorporated status and closure, 5007 62-762.411(2)(c) by reference,as prepared in accordance Minor NCLI notification not 2006 with paragraph 62-762.801(3)(a)or 62- received in a timely 762.802(4)(a),F.A.C.,must be provided manner. to the county with the notification of closure. Internal Inspections.Notification shall be received by the county in writing or electronic format between 10 and 25 days before the initiation of the work unless the county agrees to a shorter time period for inspections in accordance with Tank Inspection, Repair,Alteration,and Reconstruction, API Std 653,5th Edition,November 2014, hereby adopted and incorporated by reference,and available at the Department address listed in subsection Notification of 62-762.211(1),F.A.C.,or from the internal inspection 5008 62-762.411 62-762.411(3) publisher at API,1220 L Street,N.W., Minor NCLI not received in an Washington,D.C.20005,(202)682-8000, timely manner. or at http://www.api.org/;and for piping integrity testing pursuant to Piping Inspection Code:In-service Inspection, Repair,and Alteration of Piping Systems, API 570,3rd Edition,November 2009, hereby adopted and incorporated by reference,and available at the Department address listed in subsection 62-762.211(1),F.A.C.,or from the publisher at API,1220 L Street,N.W., Washington,D.C.20005,(202)682-8000, or at http://www.api.org/.Smaller field Notification of the discovery of an incident shall be made to the County in writing or electronic format on Form 62- 762.901(6),Incident Notification(INF), effective date,January 2017,hereby adopted and incorporated by reference, Notification of an 5009 62-762.411 62-762.411(4) within 72 hours of the discovery or close Minor NCLI incident not received of the County's next business day; however,an INF need not be submitted In a timely manner. if,within 72 hours of discovery,the investigation of the incident in accordance with Rule 62-762.431,F.A.C., confirms that a discharge did or did not occur. Except as provided in subsection 62- 762.441(5),F.A.C.,notification of the discovery of a discharge shall be made to the County in writing or electronic Notification of an format on Form 62-762.901(1),Discharge discharge not 5010 62-762.411 62-762.411(5) Report Form(DRF),effective date, SNC-B NCLI received in a timely January 2017,hereby adopted and manner. incorporated by reference,within 24 hours or before the close of the County's next business day. Financial responsibility shall be maintained and demonstrated to the County or Department for all storage tank systems until the storage tank systems are properly closed pursuant to subsections 62-762.801(2)and(3),F.A.C., and subsections 62-762.802(3)and(4), F.A.C.,and the Closure Report or the Limited Closure Report Form for ASTs 62- 762.901(8),effective date,January 2017, hereby adopted and incorporated by No financial reference,is submitted to and approved responsibility 5011 62-762.421 62-762.421(2) by the County or the Department. SNC-B Review 2004 Pursuant to Section 376.309(1),F.S.,theinstrumxpiredent or facility owner Is required to establish expired instrument. and maintain evidence of financial responsibility and is liable in event of noncompliance.If the facility owner, facility operator,tank owner,and tank, operator are separate persons,then evidence of financial responsibility may be demonstrated if one of those persons obtains financial responsibility on behalf of the facility owner. Ine uemonstrdnon on nnanclal responsibility for storage tank systems shall be made in accordance with reference guideline Technical Standards And Corrective Action Requirements For Owners And Operators Of Underground Storage Tanks (UST), Financial Responsibility,40 CFR Part 280,Subpart H, July 2015, hereby adopted and incorporated by reference and available from the publisher at the Government Printing Office, Code of Federal Regulations, 732 North Capitol Street, NW, Washington, D.C. 20401-0001, or Incorrect paperwork 5012 62-762.421 62-762.421(3) Minor Review for financial http://www.flrules.org/Gateway/referen responsibility. ce.asp7No=Ref-07664, or http://www.ecfr.gov/cg i-bin/text- idx7SID=77a4ede7eedef2cdb918cb52715 a 2d55&node=sp40.27.280.h&rgn=d iv6, or the Department address located in subsection 62-762.211(1), F.A.C. However, Department Form 62- 761.900(3)effective date,January 2017, Financial Mechanisms for Storage Tanks, hereby adopted and incorporated by reference, and available in Rule 62- 761.900, F.A.C., or For a facility with a storage tank system or systems with a cumulative capacity greater than 550 gallons and less than or equal to 10,000 gallons, the Incorrect paperwork 5012 62-762.421(3)(a) demonstration of financial responsibility Minor Review for financial for cleanup of a discharge and third- responsibility. party liability shall be a minimum of $500,000.00 per incident and$1 million annual aggregate. ��F For a facility with a storage tank system or systems with a cumulative capacity greater than 10,000 gallons and less than or equal to 30,000 gallons, the Incorrect paperwork 5012 62-762.421(3))b) demonstration of financial responsibility Minor Review for financial for cleanup of a discharge and third- responsibility. party liability shall be a minimum of$1 million per incident and $1 million annual aggregate. For a facility with a storage tank system or systems with a cumulative capacity greater than 30,000 gallons and less than or equal to 250,000 gallons the Incorrect paperwork 5012 62-762.421(3)(c) demonstration of financial responsibility Minor Review for financial for cleanup of a discharge and third- responsibility. party liability shall be a minimum of$1 million per incident and $2 million annual aggregate. For a facility with a storage tank system or systems with a cumulative capacity greater than 250,000 gallons, the demonstration of financial responsibility Incorrect paperwork 5012 62-762.421(3)(d) for cleanup of a discharge and third-Minor Review for financial party liability shall be a minimum of$3 responsibility. million per incident and $6 million annual aggregate. If an incident occurs at a facility,actions Incident not 5013 62-762.431 62-762.431(2) shall be initiated within 24 hours of investigated within 2010,2153 discovery to investigate the incident to SNC-B NCLI 24-hours or by next determine if a discharge has occurred. business day. In cases where an INF is required to be submitted, the investigation shall be completed within 14 days of the date of discovery of the incident to determine if a discharge has occurred. Incident Incident investigation investigations that require additional leading to discharge time can be extended with the written not completed within approval of the Department or the 14 days,or 5014 62-762.431 62-762.431(4) Minor Review 2159 county. However, if the investigation No DRF or written goes beyond 45 days of the date of confirmation discovery, the storage tank system or received after 14 day system component shall be placed out-of investigation period. service until such time the investigation is completed and resolved. At the end of the 14 day time period to investigate the incident,or at the end of an alternate time period approved by the Department or the county, a Incident investigation determination must be made as to leading to discharge whether the incident was a discharge.If not completed within the incident was a discharge,then a DRF Minor Review 14 days,or 2159 5014 62-762.431(5) shall be submitted in writing or No DRF or written electronic format to the county. If the confirmation incident was not a discharge, then a received after 14 day written confirmation and explanation investigation period. that the incident was not a discharge shall be submitted in writing or electronic format to the county. The removal of any release of regulated Removal of regulated substance from a substances into secondary containment release not initiated 5015 62-762.431 62-762.431(6) shall be initiated within three days of SNC-B NCLI 2154 within three days and discovery,and completed within 30 days of discovery. completed within 30 days of discovery. All incidents,as identified in subsection 62-762.431(1), F.A.C., regardless of whether an INF is required to be submitted, shall be documented and All incident records, including test results 5016 62-762.431 62-762.431(8) records kept until storage tank system Minor NCLI not kept until storage closure in accordance with Rule 62- 762.711, F.A.C. Test results or reports, tank system closure. which support the investigation findings, shall be maintained as records. Upon discovery of a discharge, the owner or operator shall report the discharge to the county on a DRF within 24 hours or before the close of the Discharge not 5017 62-762.441 62.762.441(2) county's next business day.If,however,SNC-B NCLI reported with 24- 2011,2156 this discovery is thought to be a hours,or by next previously reported discharge, the business day. owner or operator will have 30 days to investigate and submit supporting documentation or a DRF. Analyticals not Copies of laboratory analytical results submitted with 24- that confirm a discharge shall be hours or next submitted to the county within 24 hours business day. OVA 5018 62-762.441 62-762.441(3) Minor Review 2012 of receipt of the results or before the readings are not close of the next business day in writing considered or electronic format confirmation of discharge. Discharge response.When evidence of a Actions not taken discharge from a storage tank system is immediately to 2155,2158,2159, 5019 62-762.441 62-762.441(6) discovered,the following actions shall be SNC-A Review contain,remove,and 2160,2161,2162 taken: abate the discharge. Actions not taken Fire, explosion,and vapor hazards shall immediately to 2155,2158,2159, 5019 62-762.441(6)(a) SNC-A Review be identified and mitigated; contain,remove,and 2160,2161,2162 abate the discharge. Actions shall be taken immediately to contain, remove, and abate the discharge under all applicable Department rules(e.g.,Chapter 62-780, F.A.C., Contaminated Site Cleanup Actions not taken Criteria). Owners and operators are immediately to 2155,2158,2159, 5019 62-762.441)6((b) advised that other federal,state,or local SNC-A Review contain,remove,and 2160,2161,2162 requirements apply to these activities.If the contamination present is subject to abate the discharge. the provisions of Chapter 62-780,F.A.C., corrective action,including free product recovery, shall be performed in accordance with Chapter 62-780,F.A.C.; Each component of the storage tank system shall be integrity tested within Actions not taken 5019 62-762.441(6)(c) three days of discovery of the discharge SNC-A Review immediately to 2155,2158,2159, if the source or cause of the discharge is contain,remove,and 2160,2161,2162 unknown; abate the discharge. The storage tank system component that is discharging shall be isolated from the system within three days of discovery of the discharge. If the component cannot be isolated from the system, within Actions not taken three days of determining that the immediately to 2155,2158,2159, 5019 62-762.441(6)(d) component is discharging, the storage SNC-A Review contain,remove,and 2160,2161,2162 tank system shall not operate,dispense, nor accept deliveries,or shall be placed abate the discharge. out-of-service in accordance with Rule 62-762.801 or 62-762.802, F.A.C., until the component can be repaired or replaced; If the storage tank system component Actions not taken that was found to be discharging will be immediately to 2155,2158,2159, 5019 62-762.441(6)(e) repaired, it shall be repaired in SNC-A Review contain,remove,and 2160,2161,2162 accordance with Rule 62-762.701 or 62- 762.702,F.A.C.; abate the discharge. If the storage tank system component that was found to be discharging will be Actions not taken replaced, it shall meet the storage tank immediately to 2155,2158,2159, 5019 62-762.441(6)(f) SNC-A Review system requirements in accordance with contain,remove,and 2160,2161,2162 Rules 62-762.501 or 62-762.502, F.A.C.; abate the discharge. and, If the storage tank system component that was found to be discharging will not be repaired or replaced,the component shall remain isolated from the storage Actions not taken tank system. In cases where the immediately to 2155,2158,2159, 5019 62-762.441(6)(g) SNC-A Review component cannot be isolated from the contain,remove,and 2160,2161,2162 storage tank system, the system shall abate the discharge. remain out-of-service or shall be closed in accordance with Rule 62-762.801 or 62-762.802,F.A.C. Failure of secondary 2014,2015,2017, 5020 62-762.501 62-762.501(1)(b) Secondary containment. SNC-B Inspection containment 2018,2019, materials to meet 2020,2021,2022, standards. 2107,2152 Failure of secondary 2014,2015,2017, The materials used for secondary containment 2018,2019, 5020 62-762.501(1)(b)1. SNC-B Inspection containment shall be: materials to meet 2020,2021,2022, standards. 2107,2152 Impervious to the regulated substances Failure of secondary 2014,2015,2017, being stored in the storage tank system containment 2018,2019, 5020 62-762.501(1)(b)l.a. and able to withstand deterioration from SNC-B Inspection materials to meet 2020,2021,2022, external environmental conditions; standards. 2107,2152 Failure of secondary 2014,2015,2017, Non-corrosive or of corrosion-protected containment 2018,2019, 5020 62-762.501(1)(b)I.b. materials;and, SNC-B Inspection materials to meet 2020,2021,2022, standards. 2107,2152 Of sufficient thickness and strength to Failure of secondary 2014,2015,2017, withstand hydrostatic forces at containment 2018,2019, 5020 62-762.501(1)(b)l.c. maximum capacity to prevent a SNC-B Inspection materials to meet 2020,2021,2022, discharge. standards. 2107,2152 0 Synthetic liners, unless previously approved by the Department, shall be designed and tested in accordance with Test Methods, Test Properties and Testing Frequency for High Density Polyethylene (HDPE) Smooth and Textured Geomembranes, GRI Test Method GM13,Rev.13,November 2015, hereby adopted and incorporated by reference, and available at the Synthetic liners not 5021 62-762.501 62-762.501(1))b)2. Department address listed in subsection Minor Inspection designed and tested 62-762.211(1), F.A.C., or from the appropriately. publisher at Geosynthetic Institute,475 Kedron Avenue, Folsom, Pennsylvania 19033-1208, (610)522-8440, or at http://www.geosynthetic-institute.org/, and be registered with the Department in accordance with subsection 62- 762.851(2), F.A.C. Liners shall not be constructed or consist of naturally occurring in-situ soils. Secondary Secondary containment constructed of containment not 5022 62-762.501 62-762.501(1)(b)3. concrete shall be: Minor Inspection design,contructed or line in accordance of standards. Designed and constructed in accordance with Control of Cracking in Concrete Structures(Reapproved 2008),ACI 224R- 01, (Reapproved 2008),incorporated by reference in paragraph 62- Secondary 762.201(33)(b), F.A.C., and Design containment not Considerations for Environmental 5022 62-762.501(1)(b)3.a. Minor Inspection design,contructed or Engineering Concrete Structures, ACI line in accordance of 350.4R-04, 2004 Edition, American Concrete Institute(ACI),incorporated by standards. reference in paragraph 62- 762.201)33))b),F.A.C.,and be registered with the Department in accordance with subsection 62-762.851(2),F.A.C.,or Lined in accordance with SSPC-TU 2/NACE 6G197, February 1997, incorporated by reference in subparagraph 62-762.201)33))b)2., F.A.C., unless previously lined in accordance with Coatings and Linings over Concrete for Chemical Immersion and Containment Service, NACE Secondary Standard SP0892-2007 (formerly RP0892), 2007 Edition, hereby adopted containment not 5022 62-762.501(1)(b)3.b. Minor Inspection design,contructed or and incorporated by reference, and line in accordance of available at the Department address standards. listed in subsection 62-762.211(1),F.A.C., or from the publisher at NACE International, 1440 South Creek Drive, Houston, Texas 77084-4906, (800)797- 6223, or at http://www.nace.org/, and be registered with the Department in accordance with subsection 62- 762.851(2),F.A.C.,or Designed, evaluated, and certified by a Secondary professional engineer licensed in the containment not State of Florida that the concrete 5022 62-762.501(1)(b)3.c. Minor Inspection design,contructed or secondary containment system meets line in accordance of the General Construction Requirements standards. specified in this section. Secondary Containment constructed with other materials,including clay liner Secondary 5023 62-762.501 62-762.501(1)(b)4. materials shall be impervious and Minor Inspection contaiment not registered in accordance with Rule 62- imperious 762.851(2),F.A.C. Cathodically For cathodically protected tanks and protected tanks and integral piping, secondary containment piping;secondary 5024 62-762.501 62-762.501(1)(b)5 systems shall not interfere with the Minor Inspection containment operation of the cathodic protection interferes with the system. operation of cathodic protection system. For VCI protected tanks, the secondary VCI inhibitors are not 5025 62-762.501 62-762.501(1)(b)6. containment system shall provide contained by Minor Review containment for the vapor corrosion secondary inhibitors. containment system. Secondary containment systems Secondary containment systems shall be shall be designed and 5026 62-762.501 62-762.501(1)(b)7. designed and installed to direct any Minor Inspection installed to direct any release to a monitoring point or points. release to a monitoring point or points. If factory-made single-walled spill containment systems or single-walled sumps are installed on the system, a containment integrity test shall be performed before the component is placed into service in accordance with Recommended Practices for the Testing and Verification of Spill, Overfill, Leak Detection and Secondary Containment Integrity Testing of Equipment at UST Facilities,PEI/RP1200- secondary 12, 2012 Edition, hereby adopted and containment systems 5027 62-762.501 62-762.501(1)(b)8. incorporated by reference,and available Minor Review and interstitial spaces at the Department address located in not performed subsection 62-762.211(1), F.A.C., or the before being placed publisher at PEI, Post Office Box 2380, into service. Tulsa, Oklahoma 74101-2380, (918)494- 9696, or the publisher's website at www.pei.org/. For field-fabricated components the tests shall be at least for 24 hours in accordance with manufacturer's requirements. An interstitial integrity test shall be performed on each double-walled or double-bottomed storage tank with a closed interstice after it is delivered to the facility,and before the storage tank is placed into service.This test shall be Integrity Testing of performed in accordance with secondary Recommended Practices for Installation containment systems 5027 62-762.501(1)(b)9. of Aboveground Storage Systems for Minor Review and interstitial spaces Motor Vehicle Fueling, PEI/RP200-13, not performed 2013 Edition, hereby adopted and before being placed incorporated by reference,and available into service. at the Department address listed in subsection 62-762.211(1),F.A.C.,or from the publisher at PEI, Post Office Box 2380, Tulsa, Oklahoma 74101-2380, (918)494-9696,or at www.pei.org/. Before integral piping is placed into service,an interstitial integrity test shall be performed on double-walled small diameter integral piping in contact with the soil, or that transports regulated substances over surface waters of the Integrity Testing of state,in accordance with Recommended secondary Practices for Installation of Underground containment systems 5027 62-762.501(1)(b)10. Liquid Storage Systems, PEI/RP100-11,Minor Review and interstitial spaces 2011 Edition, hereby adopted and not performed incorporated by reference,and available before being placed at the Department address listed in into service. subsection 62-762,211(1),F.A.C.,or from the publisher at PEI, Post Office Box 2380, Tulsa, Oklahoma 74101-2380, (918)494-9696, or at www.pei.org/, and PEI/RP1200-12,2012 Edition. Integrity Testing of If double-walled spill buckets are secondary installed, an interstitial integrity test containment systems 5027 62-762.501)1((b)11. shall be performed in accordance with Minor Review and interstitial spaces PEI/RP1200-12,2012 Edition,before the not performed spill bucket is placed into service. before being placed into service. Cathodic protection test station/method and operation does Cathodic protection. not meet standards. 2023,2024,2025, 5028 62-762.501 62-762.501(1)(c) Minor Inspection Or,secondary 2056 containment interferes with the cathodic protection system. 0 Test stations. Cathodic protection systems shall be designed,constructed, and installed with test stations in accordance with NACE standards contained in paragraph 62-762.211(2)(g), F.A.C.,or another method of monitoring to allow for a determination of current operating status. Cathodic protection Cathodic protection test stations shall provide direct access test station/method to the soil electrolyte in close proximity and operation does not meet standards. 5028 62-762.501(1)(c)1. to each cathodically protected structure Minor Inspection Or,secondary 2023,2024,2025, for placement of reference electrodes, 2056 containment and monitoring wires that connect directly to cathodically protected interferes with the structures. Facilities where direct access cathodic protection system. to soil in close proximity to cathodically protected structures is present, and where electrical connections to cathodically protected structures can be conveniently accomplished, need not have separate dedicated cathodic protection test stations. Cathodic protection test station/method and operation does The cathodic protection system shall be not meet standards. 2023,2024,2025, 5028 62-762.501(1)(c)2. operated and maintained in accordance Minor Inspection Or,secondary 2056 with subsection 62-762.701(2),F.A.C. containment interferes with the cathodic protection system. Any field-installed cathodic protection Field installed system shall be designed and installed by cathodic protection 5029 62-762.501 62-762.501(1)(c)3. or under the direction of a Corrosion Minor Inspection not designed or Professional. installed by CP. Vapor Corrosion Inhibitors are not Corrosion Protection with Vapor designed or installed 5030 62-762.501 62-762.501(1)(d) Corrosion Inhibitors(VCI) Minor NCLI by a Corrosion Professional and manufacturer. Testing locations for vapor corrosion inhibitors. Vapor Corrosion Inhibitor technologies registered with the Department in accordance with Rule 62- 762.851(2),F.A.C.,provide an alternative vapor Corrosion to cathodic protection for protection of Inhibitors are not 62-762.501(1))d)1. metal surfaces within the secondary Minor NCLI designed or installed containment.Vapor corrosion inhibitors by a Corrosion (VCI) effectiveness shall be established Professional and by the use of electrical resistance probes manufacturer. located in testing locations as recommended by a Corrosion Professional to monitor corrosion rates. Any field-installed VCI protection system shall be designed and installed by or Vapor Corrosion under the direction of a Corrosion Inhibitors are not Professional and the VCI manufacturer's designed or installed 62-762.501(1)(d)2. Minor NCLI certified installer. The VCI protection by a Corrosion system shall be operated and Professional and maintained in accordance with manufacturer. subsection 62-762.701(3),F.A.C. Compatibility. The primary and secondary walls of storage tank systems shall be made of,or internally lined with, materials that are compatible with the regulated substance stored in the The primary and secondary wall linings storage tank systems and with 5031 62-762.501 62-762.501(1)(e) SNC-B Review are not compatible substances or conditions present in the environment. All storage tank systems with the regulated containing blends of ethanol, biodiesel, substance. or other biofuels and additives shall be compatible with regulated substances stored in the storage tank systems. Exterior coatings. Exterior portions of tanks and integral piping shall be coated Exterior coatings not or otherwise protected from external protected from 5032 62-762.501 62-762.501(1)(f) corrosion.The coating shall be designed Minor Review external corrosion, and applied to resist corrosion, deterioration or deterioration, and degradation of the degradation. exterior wall. Not installed All components of a storage tank system according to 5033 62-762.501 62-762.501(1)(g) shall be installed in accordance with the Minor Review 2029 manufacturer's manufacturer's instructions. instructions. All storage tank systems shall be Not installed 5034 62-762.501 62-762.501(1)(h) installed in accordance with the SNC-B Inspection according to applicable provisions of: reference standards. Flammable and Combustible Liquids Not installed 5034 62-762.501(1)(h)1. Code, Storage Tank Buildings, NFPA 30,SNC-B Inspection according to 2015 Edition,incorporated by reference in paragraph 62-762.201(36)(a),F.A.C.; reference standards. Motor Fuel Dispensing Facilities and Repair Garages,NFPA 30A,2015 Edition, hereby adopted and incorporated by reference, and available at the Not installed 5034 62-762.501(1)(h)2. Department address listed in subsection SNC-B Inspection according to 62-762.211(1), F.A.C., or from the reference standards. publisher at NFPA,1 Batterymarch Park, Quincy, Massachusetts 02169, (617)770- 3000,or at www.nfpa.org/; Process Piping, ASME 631.3, 2014 Edition, hereby adopted and incorporated by reference,and available at the Department address listed in Not installed subsection 62-762.211(1),F.A.C.,or from 5034 62-762.501(1)(h)3. the publisher at ASME International,22 SNC-B Inspection according to Law Drive, Box 2900, Fairfield, New reference standards. Jersey 07007-2900, (800)843-2763, or the publisher's website at http://www.asme.org/;and, Not installed 5034 62-762.501(1)(h)4. PEI/RP200-13,2013 Edition. SNC-B Inspection according to reference standards. Whenever integral piping in contact with the soil is installed or relocated after January 11, 2017, a survey drawing of No signed or sealed the underground integral piping,signed survey drawing of the 5035 62-762.501 62-762.501(1)(i( and sealed by a professional land Minor Review installed or relocated surveyor or professional engineer integral piping in licensed in the State of Florida,shall be contact with the soil. completed and maintained as a record in accordance with Rule 62-762.711,F.A.C. Shop-fabricated 5036 62-762.501 62-762.501(2) Storage tank installation. SNC-B Inspection tanks are not installed according to applicable provisions. In addition to the requirements of paragraph 62-762.501(1)(h), F.A.C:, storage tank systems shall be installed according to the applicable provisions of Installation Instructions for Shop Fabricated Aboveground Storage Tanks Shop-fabricated 5036 62-762.501(2)(a) for Flammable,Combustible Liquids,STI p tanks are not R912, Revised November 2015, hereby SNC-B Ins ection installed accordingto adopted and incorporated by reference, applicable provisions. and available at the Department address listed in subsection 62-762.211(1),F.A.C., or from the publisher at STI,944 Donata Court, Lake Zurich, IL 60047, (847)438- 8265,or at https://www.steeltank.com/. Storage tanks not installed according to 5037 62-762.501 62-762.501(2)(b) Storage tank construction requirements. SNC-B Inspection manufacturer's instructions or reference standards. Storage tanks shall be constructed in accordance with one of the following Storage tanks not requirements hereby adopted and nstalled according to 5037 62-762.501)2))b(1. SNC-B Inspection manufacturer's incorporated by reference,and available instructions or from the Department address given in reference standards. subsection 62-762.211(1): Standard for Steel Aboveground Tanks for Flammable and Combustible Liquids, Storage tanks not installed according to UL 142, Revised August 2014, 9th 5037 62-762.501(2)(b)1.a. SNC-B Inspection manufacturer's Edition. To obtain this reference from instructions or the publisher, see paragraph 62- reference standards. 762.211(2)(m),F.A.C.; Welded Tanks for Oil Storage, API Std 650, 12th Edition, Includes Errata 1 (2013),Errata 2(2014),and Addendum 1 Storage tanks not installed according to 5037 62-762.501(2)(b)1.b. (2014), March 2013, incorporated by SNC-B Inspection manufacturer's reference in subsection 62-762.201(67), instructions or F.A.C.To obtain this reference from the reference standards. publisher, see paragraph 62- 762.211(2)(b),F.A.C.; Specification for Fiberglass Reinforced Storage tanks not Plastic Tanks,API Spec 12P,3rd Edition, installed according to 5037 62-762.501(2)(b)1.c. October 2008.To obtain this reference SNC-B Inspection manufacturer's from the publisher, see paragraph 62- instructions or 762.211(2)(b(,F.A.C.; reference standards. Standard for Aboveground Tanks with Storage tanks not Integral Secondary Containment, STI installed according to 5037 62-762.501(2)(b)1.d. F921®,Revised October 2014.To obtain SNC-B Inspection manufacturer's this reference from the publisher, see instructions or paragraph 62-762.211(2)(1),F.A.C.; reference standards. Standard for Protected Aboveground Tanks for Flammable and Combustible Storage tanks not Liquids, UL 2085, December 1997, 2nd nstalled according to 5037 62-762.501(2)(b)1.e. SNC-B Inspection manufacturer's Edition. To obtain this reference from instructions or the publisher, see paragraph 62- reference standards. 762.211(2)(m),F.A.C.; Flameshield® Standard for Fire Tested Storage tanks not installed according to Tanks,STI F001,October 2014.To obtain 5037 62-762.501(2)(b)1.f. SNC-B Inspection manufacturer's this reference from the publisher, see instructions or paragraph 62-762.211(2)(1),F.A.C.; reference standards. Fireguard: Specification for Fireguard Storage tanks not Protected Aboveground Storage Tanks, installed according to 5037 62-762.501(2)(b)1.g. STI F941, May 2015. To obtain this SNC-B Inspection manufacturer's reference from the publisher, see instructions or paragraph 62-762.211(2)(1),F.A.C.,or reference standards. Generator Base Tanks: Standard for Storage tanks not Aboveground Tanks Used as a Generator installed according to 5037 62-762.501(2)(b)1.h. Base Tank, STI F011, October 2014.To SNC-B Inspection manufacturer's obtain this reference from the publisher, instructions or see paragraph 62-762.211(2)(1),F.A.C. reference standards. Storage tanks that meet the above performance requirements, that are Storage tanks not constructed of equivalent material, or installed according to 5037 62-762.501(2)(b)2. have an equivalent design shall be SNC-B Inspection manufacturer's registered with the Department in instructions or accordance with subsection 62- reference standards. 762.851(2),F.A.C. Cathodic and corrosion protection.Steel Cathodic/Corrosion Protection not tanks in contact with soil shall have a 5038 62-762.501 62-762.501(2)(c) SNC-B Inspection installed on steel cathodic or corrosion protection system meeting the following requirements: tank with ground contact. The cathodic protection system shall be designed,constructed,and installed in accordance with Cathodic Protection of Aboveground Petroleum Storage Tanks, API RP 651,4th Edition,September 2014, hereby adopted and incorporated by reference,and available at the Department address listed in subsection 62-762.211(1),F.A.C.,or from the publisher at API,1220 L Street,N.W., Cathodic/Corrosion Washington,D.C.20005,(202)682-8000, Protection not 5038 62-762.501(2)(c)1. or at http://www.api.org/;and External SNC-B Inspection installed on steel Cathodic Protection of On-Grade Carbon tank with ground Steel Storage Tank Bottoms,NACE contact. Standard RP0193-2001,2001 Edition, hereby adopted and incorporated by reference,and available at the Department address listed in subsection 62-762.211(1),F.A.C.,or from the publisher at NACE International,1440 South Creek Drive,Houston,Texas 77084- 4906,(800)797-6223,or at http://www.nace.org/; The cathodic protection system shall be designed and installed with at least one test station in accordance with Cathodic protection 5039 62-762.501 62-762.501(2)(c)3. subparagraph 62.762.501(1))c)1.,F.A.C., Minor Inspection system not installed with test station or or a method of monitoring to allow for a monitoring point. determination of current operating status. 0 Storage tank systems using corrosion protection systems with vapor corrosion inhibitors that are registered in accordance with subsection 62- 762.851(2),F.A.C.,shall be designed and installed under the direction of a Corrosion Professional,and be installed VCI not installed with at least one electrical resistance 5040 62-762.501 62-762.501(2)(c)5. Minor Review according to probe test location,or a method of requirements. monitoring to allow for a determination of the corrosion rate on the underside of the tank floor,or other interstitial or metallic surface.The VCI system shall be designed and installed in accordance with the requirements specified in subsection 62-762.701(3),F.A.C. Dike field areas do not meet with Secondary containment. 5041 62-762.501 62-762.501(2)(d) 111 SNC-B Inspection secondary containment requirements. Dike field areas do All storage tanks, including those that not meet with 62-762.501(2)(d)1. contain used oil, shall have secondary SNC-B Inspection secondary containment. containment requirements. Dike field areas do Storage tanks containing high viscosity not meet with products are exempt from the 62-762.501(2)(d)2. requirements for secondary SNC-B Inspection secondary containment containment. requirements. Dike field areas do not meet with Dike field areas with secondary 62-762.501(2)(d)3. containment shall: SNC-B Inspection secondary containment requirements. Conform to the requirements of Chapter Dike field areas do 22 of NFPA 30,2015 Edition,Flammable not meet with 62-762.501(2)(d)3.a. and Combustible Liquids Code, Storage SNC-B Inspection secondary of Liquids in Tanks — Aboveground containment Storage Tanks; requirements. Contain a minimum of 110 percent of the maximum capacity of the storage tank located within the dike field area, or of the largest single-walled storage tank located within a dike field area Dike field areas do not meet with containing more than one storage tank. 62-762.501(2)(d)3.b. SNC-B Inspection secondary For dike field areas containing more than containment one storage tank, capacity calculations shall be made after deducting the requirements. volume of the storage tanks,other than the largest storage tank, below the height of the dike; Dike field areas do Be constructed, if not roofed or not meet with 62-762.501(2)(d)3.c. otherwise protected from the SNC-B Inspection secondary accumulation of rainfall,with either: containment requirements. A siphon to remove accumulated liquids or a drainage system that allows the Dike field areas do not meet with continuous discharge of water but 62-762.501(2)(d)3.c.(i) functions to automatically stop the flow SNC-B Inspection secondary of all liquids upon the presence of containment requirements. regulated substances;or A gravity drain pipe which has a Dike field areas do manually controlled valve, normally not meet with closed, or a manually controlled pump. 62-762.501(2)(d)3.c.(ii) Gravity drain pipes shall be designed and SNC-B Inspection secondary containment constructed to prevent a discharge In the requirements. event of fire;and Have all integral piping and other penetrations that pass through the Dike field areas do secondary containment of dike field not meet with 62-762.501(2)(d)3.d. areas sealed around the penetration SNC-B Inspection secondary with an impervious compatible material containment to prevent the discharge of regulated requirements. substances. Failure to provide a monitoring point for 5042 62-762.501 62-762.501(2)(e) Overfill protection. SNC-B Review 2121 secondary containment. Owners or operators shall ensure that the volume available in the storage tank is greater than the volume of regulated substances to be transferred to the Failure to provide a 5042 62-762.501(2)(e)1. storage tank before the transfer is made SNC-B Review monitoring point for 2121 and shall ensure that any transfer is secondary repeatedly monitored to prevent containment. overfilling and spilling, and no storage tank shall be filled beyond 95 percent capacity. Failure to provide a All storage tanks shall be equipped with monitoring point for 5042 62-762.501(2)(e)2. at least one of the following overfill SNC-B Review 2121 secondary protection devices: containment. A level gauge or other measuring device that accurately shows the level of regulated substances in the storage tank, and that is visible to the person who is Failure to provide a monitoring the filling that shall be monitoring point for 5042 62-762.501(2)(e)2.a. 2121 registered in accordance with subsection SNC-B Review secondary 62-762.851(2), F.A.C.,and shall perform containment. an operability test annually at intervals not exceeding 12 months to ensure proper operation; A high level(at 90 percent tank capacity) warning alarm that shall be registered in accordance with subsection 62- Failure to provide a monitoring point for 5042 62-762.501(2)(e)2.b. 762.851(2), F.A.C.,and shall perform an SNC-B Review 2121 operability test annually at intervals not secondary containment. exceeding 12 months to ensure proper operation; A high level(at 90 percent tank capacity) liquid flow cutoff controller that shall be Failure to provide a registered in accordance with subsection monitoring point for 5042 62-762.501(2)(e)2.c. 62-762.851(2), F.A.C., and shall perform SNC-B Review 2121 secondary an operability test annually at intervals containment. not exceeding 12 months to ensure proper operation,or Failure to provide a An impervious dike field area designed monitoring point for 5042 62-762.501(2)(e)2.d. SNC-B Review 2121 to contain overfills. secondary containment. Storage tanks with capacities of 15,000 gallons or less that do not receive delivery by a mated (joined) tight fill Failure to provide a 5042 62-762.501(2)(e)3. adaptor connection of the delivery hose SNC-8 Review monitoring point for 2121 to the tank riser are exempt from overfill secondary protection requirements provided that containment. the tanks are never filled beyond 80 percent capacity. Storage tank system not installed with a spill containment Spill containment systems. system at each tank 5043 62-762.501 62-762.501(2)(f) SNC-B Inspection fill connection. Does not meet performance requirements. Storage tanks shall be installed with a spill containment system at each storage Storage tank system not installed with a tank fill connection,except within dike spill containment field areas with secondary containment. system at each tank 5043 62-762.501(2)(f)1. The spill containment system shall meet SNC-B Inspection fill connection. Does the requirements of paragraph 62- not meet 762.501(1)(b),F.A.C.,and be registered in accordance with subsection 62- performance 762.851(2),F.A.C. requirements. rnioox Lovers,regeruress orcne crate or installation of the storage tank system, shall be marked or the fill connection tagged and facility signage shall be prominently displayed in accordance with Using the API Color-Symbol System to Mark Equipment and Vehicles for Product Identification at Gasoline Dispensing Facilities and Distribution Terminals,API RP 1637,3rd Edition,July 2006 (Reaffirmed, May 2012), hereby adopted and incorporated by reference, and available at the Department address Filibox covers not 5044 62-762.501 62-762.501(2)(f)2. listed in subsection 62-762.211(1),F.A.C.,Minor Inspection marked according to or from the publisher at API, 1220 L requirements. Street, N.W., Washington, D.C. 20005, (202)682-8000, or at http://www.api.org/; or Identification Markings for Dedicated Aviation Fuel Manufacturing and Distribution Facilities, Airport Storage and Mobile Fueling Equipment,El 1542,9th Edition, July 2012, hereby adopted and incorporated by reference,and available at the Department address listed in subsection 62-762.211(1),F.A.C.,or from the publisher at Energy Institute,62 New Spill containment systems, including double-walled spill containment Spill containment 5045 62-762.501 62.762.501)2)(f(3. systems, shall be installed to allow for Minor Inspection systems not installed release detection in accordance with to allow for release detection. Rule 62-762.601,F.A.C. Dispensers not Dispensers and dispenser sumps. installed and 5046 62-762.501 62-762.501(2)(g) Minor Inspection 2016 maintained according to standards. 0 The dispenser used for transferring fuels from storage tanks to vehicles or portable containers shall be installed and maintained in accordance with the Dispensers not provisions of NFPA 30,2015 Edition;and installed and 5046 62-762.501(2)(g)1. Minor Inspection 2016 Chapter 6, Fuel Dispensing Systems; maintained according Chapter 9, Operational Requirements; to standards. and Chapter 11,Marine Fueling of NFPA 30A Motor Fuel Dispensing Facilities and Repair Garages,2015 Edition. Dispensers shall be installed with a dispenser sump,except those within an impervious dike field area with secondary containment, meeting the performance requirements of paragraph 62-762.501(1)(b), F.A.C., and registered in accordance with subsection 62- 762.851(2), F.A.C. The dispenser sump Dispensers not shall extend beneath the union of the installed with a 5047 62-762,501 62-762.501(2)(g)2. integral piping and the dispenser,SNC-B Inspection dispenser sump,or including the shear valve, if applicable. allow for release Dispensers mounted directly upon the detection. storage tank or that are otherwise associated with storage tank systems that do not have underground integral piping are exempt from this requirement. Dispenser sumps shall be installed to allow for release detection in accordance Dispenser sumps not 5048 62-762.501 62-762.501(2)(8)3. with Rule 62-762.601, F.A.C. The Minor Inspection installed for release dispenser sump shall be capable of detection beneath containing a release for the entire area dispenser. beneath the dispenser. Piping sumps. Piping sumps not meeting performance 5049 62-762.501 62-762.501(2)(h) SNC-B Inspection requirements or installed to allow for release detection. Piping sumps shall meet the performance requirements of paragraph Piping sumps not 62-762.501(1)(b), F.A.C., and be registered in accordance with subsection meeting performance 5049 62-762.501(2)(h)1. SNC-B Inspection requirements or 62-762.851(2), F.A.C. The piping sumps installed to allow for shall be designed, constructed, and installed to minimize water entering the release detection. sump. Piping sumps shall be installed to allow Piping sumps not 5050 62-762.501 62-762.501(2)(h)2. for release detection in accordance with Minor Inspection installed to allow for Rule 62-762.601,F.A.C. release detection. Hydrant sumps. Underground hydrant sumps shall be installed to prevent the discharge of regulated substances during fueling of aircraft, vessels, or at any Hydrant sumps not other time the hydrant system is in use, 5051 62-762.501 62-762.501(2)(i) SNC-B Inspection installed or and be registered in accordance with registered. subsection 62-762.851(2), F.A.C. Any such equipment shall be sealed to and around the hydrant piping with an impervious,compatible material. • Relocation of storage tanks. Storage tanks that have been removed and reinstalled at a different property shall be re-registered with the Department in accordance with subsection 62- 762,401(1), F.A.C. They shall be Relocated or reused tanks do not meet 5052 62-762.501 62-762.501(2)(j) reinstalled in accordance with Minor Inspection 2026,2027,2028 manufacturer's specifications and requirements,not certified. inspected in accordance with STI SP001, Revised 2011,incorporated by reference in subsection 62-762.411(3), F.A.C., and with the requirements in Rule 62- 762.501,F.A.C. Pressurized piping or secondarily Small diameter integral piping. contained piping in contact with soil does not have appropriate 5053 62-762.501 62-762.501(3) SNC-B Inspection 2074,2091,2094 testing,including breach of integrity, tightness or electronic leak detection. Pressurized piping or secondarily contained piping in contact with soil does 5053 62-762.501(3)(a) Installation. SNC-B Inspection not have appropriate 2074,2091,2094 testing,including breach of integrity, tightness or electronic leak detection. All integral piping installed after January 11,2017,shall be installed in accordance with the manufacturer's instructions,if applicable,and according to the applicable provisions of PEI/RP200-13, 2013 Edition;Chapter 27 of NFPA 30, Pressurized piping or 2015 Edition,Flammable and secondarily Combustible Liquids Code,Piping contained piping in Systems;NFPA 30A,2015 edition;and contact with soil does Pipeline Transportation Systems for not have appropriate 5053 62-762.501(3)(a)1. Liquids and Slurries,ASME B31.4,2012 SNC-B Inspection testing,including 2074,2091,2094 Edition,hereby adopted and breach of integrity, incorporated by reference,and available tightness or at the Department address listed in electronic leak subsection 62-762.211(1),F.A.C.,or from detection. the publisher at ASME International,22 Law Drive,Box 2900,Fairfield,New Jersey 07007-2900,(800)843-2763,or the publisher's website at http://www.asme.org/. An interstitial integrity test shall be performed on double-walled integral piping that is in contact with the soil,or No interstitial that transports regulated substances integrity test on 5054 62-762.501 62-762.501(3)(a)2. over surface waters of the state in Minor Review piping in contact with accordance with PEI/RP100-11,2011 the soil before being Edition and PEI/RP1200-12,2012 Edition, placed in service. before the integral piping is placed into service. All new integral piping that is not in contact with the soil,shall meet the New integral piping not in contact with construction requirements in paragraphs 5055 62-762.501 62-762.501(3)(a)3. SNC-B Inspection soil does not meet 62-762.501(3)(x)through(c),F.A.C.,and construction shall be UV rated if exposed to sunlight if requirements. made of non-metallic materials. New double-walled integral piping that is in contact with the soil shall be installed with a slope to a low point monitoring Inegral piping not 5056 62-762.501 62-762.501(3)(a)4. system.Double-walled integral piping Minor Inspection utilizing hydrostatic,pressure or vacuum installed with a slope. monitoring are not subject to this requirement. All new pressurized small diameter integral piping that is in contact with the soil must be installed with line leak detectors meeting the requirements of paragraph 62-762.601(4)(b),FA.C.The line leak detectors must be tested Pressurizedm i annually at intervals not exceeding 12 p p g not installed with months in accordance with paragraph 62- 5057 62-762.501 62-762.501(3)(x)5. SNC-B Inspection line leak detectors 762.601(1)(4),F.A.C.,and be installed in and meeting accordance with Section 7 of PEI/RP200- 13,Recommended Practices for requirements. Installation of Aboveground Storage Systems for Motor Vehicle Fueling, Pumps and Valves,2013 Edition. All pressurized small diameter integral piping installed prior to January 11, 2017,that is in contact with the soil must be installed with line leak detectors meeting the requirements of paragraph 62-762.601(4)(b),F.A.C.,within one year of January 11,2017.The line leak detectors must be tested annually at 5057 62-762.501(3)(a)6. intervals not exceeding 12 months in accordance with paragraph 62- 762.601(1)(b),F.A.C.,and be installed in accordance with Section 7 of PEI/RP200- 13,2013 Edition.Line leak detectors must be located downstream from the anti-siphon or solenoid valve.Line leak detectors are not required for piping that is not in contact with the soil. Small diameter integral piping with secondary 5058 62-762.501 62-762.501(3)(b) Secondary containment. SNC-B Inspection containment: 2053,2060,2081 Applicable release detection methods not used. All small diameter integral piping, Small diameter including remote fill piping, that is in integral piping with contact with the soil or that transports secondary 5058 62-762.501(3((b)1. regulated substances over surface SNC-B Inspection containment: 2053,2060,2081 waters of the state,including those that Applicable release contain used oil, shall have secondary detection methods containment. not used. r^` Small diameter Small diameter integral piping containing integral piping with secondary high viscosity products are exempt from 5058 62-762.501(3((b)2. the requirements for secondary SNC-B Inspection containment: 2053,2060,2081 containment. Applicable release detection methods not used. Single-walled integral piping that is in Small diameter contact with the soil,and is not exempt integral piping with pursuant to subparagraph 62- secondary 5058 62-762.501(3((b(3. 762.501(3)(b)2., F.A.C., shall be SNC-B Inspection containment: 2053,2060,2081 immediately and permanently closed in Applicable release accordance with subsection 62- detection methods 762.801(2),F.A.C. not used. Construction. Piping in contact with 5059 62-762.501 62-762.501(3)(c) SNC-B Inspection soil not installed to standards. Fiberglass reinforced plastic piping,semi- rigid non-metallic, or other non-rigid piping installed in contact with the soil shall be installed in accordance with Non metallic Underground Piping for Flammable Liquids,UL 971,March 2006, 2nd Edition, hereby adopted and incorporated by reference,and available Piping in contact with 5059 62-762.501(3)(c)1. at the Department address listed in SNC-B Inspection soil not installed to subsection 62-762.211(1),F.A.C.,or from the publisher at UL,333 Pfingsten Road, standards. Northbrook, Illinois 60062-2096, (847)272-8800, or at www.ul.com/, or certified by a Nationally Recognized Testing Laboratory that these requirements are met,and registered in accordance with subsection 62- 762.851(2),F.A.C. mgru meranic integral piping sndn oe constructed in accordance with ASME 831.3, 2014 Edition, or PEI/RP200-13, 2013 Edition. In addition, steel integral piping in contact with the soil shall be cathodically protected in accordance with the following documents:Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems, API RP 1632, 3rd Edition, May 1996, (Reaffirmed,June 2002),hereby adopted and incorporated by reference, and available at the Department address Piping in contact with 5059 62-762.501)3)(c(2. listed in subsection 62-762.211(1),F.A.C., SNC-B Inspection soil not installed to or from the publisher at API, 1220 L Street, N.W., Washington, D.C. 20005, standards. (202) 682-8000, or at http://www.api.org/;Control of External Corrosion on Underground or Submerged Metallic Piping Systems, NACE Standard SP0169-2013 (formerly RP0169), 2013 Edition, hereby adopted and incorporated by reference, and available at the Department address listed in subsection 62-762.211(1),F.A.C., or from the publisher at NACE International, 1440 South Creek Drive, 0 Metallic double-walled integral piping constructed of nonferrous materials such Piping in contact with 5059 62-762.501(3)(c)3. as copper shall be constructed in SNC-B Inspection soil not installed to accordance with the requirements in standards. Chapter 27 of NFPA 30,2015 Edition. Integral double-walled piping constructed of other materials, design, Piping in contact with or corrosion protection shall be 5059 62-762.501(3)(c)4. registered with the Department in SNC-B Inspection soil not installed to standards. accordance with subsection 62- 762.851(2),F.A.C. Small diameter integral piping using corrosion protection systems with vapor corrosion inhibitors that are registered in accordance with subsection 62- 762.851(2),F.A.C.,shall be designed and installed under the direction of a Corrosion Professional, and shall be Piping in contact with 5059 62-762.501(3)(c)5. installed with at least one electrical SNC-B Inspection soil not installed to resistance probe or a method of standards. monitoring to allow for a determination of the corrosion rate within the piping interstice. The VCI system shall be designed and installed in accordance with the requirements specified in subsection 62-762.701(3),F.A.C. Valves. Valves do not meet 5060 62-762.501 62.762.501(3)(d) Minor Inspection standards required 2059 for piping systems with gravity head. 0 Shear valves.Pressurized small diameter integral piping systems connected to dispensers shall be installed with shear valves or emergency shutoff valves in accordance with Section 6.3 of NFPA 30A,Motor Fuel Dispensing Facilities and Repair Garages,Requirements for Dispensing Devices,2015 Edition.These valves shall be designed to close Valves do not meet standards required 5060 62.762.501)3)(d)1. automatically if a dispenser is displaced Minor Inspection for systems 2059 from its normal position.The valves shall piping g with gravity head. be rigidly anchored independently of the dispenser.The valves shall be tested in accordance with PEI/RP1200-12,2012 Edition,at the time of installation by a certified contractor to confirm that the automatic closing function of the valve operates properly,and that the valve is properly anchored. Isolation block valves.Any storage tank system,regardless of the date of installation of the storage tank system, located at an elevation that produces a gravity head on small diameter integral Valves do not meet 5060 62.762.501(3)(d)2. piping positioned below the product Minor Inspection standards required 2059 level in the tank must be installed and for piping systems maintained with an isolation block valve with gravity head. in accordance with Chapter 22.13 of NFPA 30,2015 Edition,Flammable and Combustible Liquids Code,Tank Openings Other Than Vents. 0 Anti-siphon valves.For storage tank systems that produce a gravity head on small diameter integral piping positioned below the product level in the tank,anti- siphon valves shall be installed and maintained in accordance with Section 7 of PEI/RP200-13,2013 Edition,and Valves do not meet 5060 62,762.501(3)(d)3. Section 11.2 of NFPA 30A,Marine Minor Inspection standards required 2059 for piping systems Fueling,Storage,2015 Edition.For such storage tank systems installed prior to with gravity head. January 11,2017,anti-siphon valves shall be installed within one year of January 11,2017.Integral piping located within an impervious dike field area does not require anti-siphon valves. Secondary containment. Field Erected:Failure of secondary 5061 62-762.502 62-762.502(1)(b) SNC-B Inspection containment to meet standards for field erected tank systems. Field Erected:Failure The materials used for secondary of secondary 5061 62-762.502(1)(b)1. SNC-B Inspection containment to meet containment shall be: standards for field erected tank systems. Field Erected:Failure Impervious to the regulated substances of secondary 5061 62-762.502(1)(b)1.a. and able to withstand deterioration from SNC-B Inspection containment to meet external environmental conditions; standards for field erected tank systems. Field Erected:Failure of secondary Non-corrosive or of corrosion-protected 5061 62-762.502(1)(b)1.b. materials;and, SNC-B Inspection containment to meet standards for field erected tank systems. Of sufficient thickness and strength to Field Erected:Failure withstand hydrostatic forces at of secondary 5061 62-762.502(1)(b)1.c. maximum capacity to prevent a SNC-B Inspection containment to meet discharge. standards for field erected tank systems. Synthetic liners, unless previously approved by the Department, shall be designed and tested in accordance with GRI Test Method GM13, Rev. 13, November 2015, incorporated by Synthetic liners not 5062 62-762.502 62-762.502(1)(b)2. reference in subparagraph 62-Minor Inspection designed and tested 762.501(1)(b)2.,F.A.C.,and be registered appropriately. with the Department in accordance with subsection 62-762.851(2), F.A.C. Liners shall not be constructed or consist of naturally occurring in-situ soils. Secondary Secondary containment constructed of containment not 5063 62-762.502 62-762.502(1)(b)3. concrete shall be: Minor Inspection design,contracted or line in accordance of standards. 0 Designed and constructed in accordance with ACI 224R-01, (Reapproved 2008), Secondary and ACI 350.4R-04, 2004 Edition, both containment not 5063 62-762.502(1)(b)3.a. incorporated by reference in paragraph Minor Inspection design,contructed or 62-762.201(33)(b), F.A.C., and be line in accordance of registered with the Department in standards. accordance with subsection 62- 762.851(2),F.A.C.,or Lined in accordance with SSPC-TU 2/NACE 60197, February 1997, incorporated by reference in subparagraph 62-762.201(33))b(2., Secondary F.A.C., unless previously lined in containment not 5063 62-762.502(1)(b)3.b. accordance with NACE Standard SP0892-Minor Inspection design,contructed or 2007, (formerly RP0892), 2007 Edition, incorporated by reference in sub- line in accordance of subparagraph 62-762.501(1)(b)3.b., standards. F.A.C., and be registered with the Department in accordance with subsection 62-762.851(2),F.A.C.,or Designed, evaluated, and certified by a professional engineer licensed in the Secondary containment not State of Florida that the concrete 5063 62-762.502(1)(b)3.c. Minor Inspection design,contructed or secondary containment system meets line in accordance of the general construction requirements specified in this section. standards. Secondary Containment constructed with other materials,including clay liner Secondary 5064 62-762.502 62-762.502)1((b(4, materials, shall be impervious and Minor Inspection contaiment not registered in accordance with subsection imperious 62-762.851(2),F.A.C. Cathodically For cathodically protected tanks and protected tanks and integral piping, secondary containment piping;secondary 5065 62-762.502 62-762.502(1((b)5. systems shall not interfere with the Minor Inspection containment operation of the cathodic protection interferes with the system. operation of cathodic protection system. For VCI protected tanks, the secondary VCI inhibitors are not containment system shall provide contained by 5066 62-762.502 62-762.502(1)(b)6. Minor Review containment for the vapor corrosion secondary inhibitors. containment system. Secondary containment systems Secondary containment systems shall be shall be designed and 5067 62-762.502 62-762.502(1)(b)7. designed and installed to direct any Minor Inspection installed to direct any release to a monitoring point or points. release to a monitoring point or points. If factory-made containment systems or single-walled sumps are installed on the system,a containment integrity test shall be performed in accordance with Integrity Testing of PEI/RP1200-12, 2012 Edition, secondary containment systems incorporated by reference in 5068 62-762.502 62-762.502(1)(b)8. subparagraph 62-762.501(1)(b)8., F.A.C., Minor Inspection and interstitial spaces before the component is placed into not performed service. For field-fabricated components before being placed the tests shall be at least for 24 hours in nto service. accordance with manufacturer's requirements. An interstitial integrity test shall be performed on each double-walled or double-bottomed storage tank with a Integrity Testing of secondary closed interstice after it is constructed at containment systems 5068 62-762.502(1)(b)9. the facility,and before the storage tank Minor Inspection and interstitial spaces is placed into service.This test shall be not performed performed in accordance with Annex 1.6, Testing and Inspection,located in API Std before being placed 650, incorporated by reference in nto service. subsection 62-762.201(67),F.A.C. An interstitial integrity test shall be performed on double-walled small diameter integral piping in contact with Integrity Testing of the soil, or that transports regulated secondary substances over surface waters of the containment systems 5068 62-762.502(1)(b)10. state, in accordance with PEI/RP100-11,Minor Inspection and interstitial spaces 2011 Edition,incorporated by reference not performed in subparagraph 62-762.501)1)(b)10., before being placed F.A.C.,and PEI/RP1200-12,2012 Edition, into service. before the small diameter integral piping is placed into service. Field Erected: Cathodic protection. Cathodic protection test station/method and operation does 5069 62-762.502 62-762.502(1)(c) Minor Inspection not meet standards. 2056 Or,secondary containment interferes with the cathodic protection system. Test stations. Cathodic protection systems shall be designed,constructed, and installed with test stations in accordance with NACE standards contained in paragraph 62-762.211(2)(g), F.A.C.,or another method of monitoring to allow for a determination of current Field Erected: operating status. Cathodic protection Cathodic protection test stations shall provide direct access test station/method to the soil electrolyte in close proximity and operation does to each cathodically protected structure not meet standards. 5069 62-762.502(1)(c)1. 2056 for placement of reference electrodes,Minor Inspection Or,secondary and monitoring wires that connect containment directly to cathodically protected interferes with the structures. Facilities where direct access cathodic protection to soil In close proximity to cathodically system. protected structures is present, and where electrical connections to cathodically protected structures can be conveniently accomplished, need not have separate dedicated cathodic protection test stations. Any field-installed cathodic protection Cathodic protection system not installed system shall be designed and installed by 5070 62-762.502 62-762.502(1)(c(3. or under the direction of a Corrosion Minor Review or designed by Corrosion Professional. professional. 4. a. Field Erected:Vapor Corrosion Inhibitors are not designed or Corrosion Protection with Vapor 5071 62-762.502 62-762.502(1)(d) Minor Review installed by a Corrosion Inhibitors(VCI). Corrosion Professional and manufacturer. Testing locations for vapor corrosion inhibitors. Vapor Corrosion Inhibitor technologies, registered with the Department in accordance with Field Erected:Vapor subsection 62-762.851(2),F.A.C.,provide Corrosion Inhibitors an alternative to cathodic protection for are not designed or 5071 62-762.502(1)(d)1. protection of metal surfaces within the Minor Review installed by a secondary containment. VCI Corrosion effectiveness shall be established by the Professional and use of electrical resistance probes manufacturer. located in testing locations as recommended by a Corrosion Professional to monitor corrosion rates. Any field-installed VCI protection system shall be designed and installed by, or Field Erected:Vapor Corrosion Inhibitors under the direction of, a Corrosion are not designed or Professional and the VCI manufacturer's 5071 62-762.502(1)(d)2. Minor Review installed by a certified installer. The VCI protection Corrosion system shall be operated and Professional and maintained in accordance with manufacturer. subsection 62-762.702(3),F.A.C. Compatibility. The primary and secondary walls of storage tank systems shall be made of,or internally lined with, materials that are compatible with the Field Erected:The regulated substance stored in the primary and storage tank systems and with secondary wall linings 5072 62-762.502 62-762.502(1)(e) substances or conditions present in the SNC-B Review are not compatible environment. All storage tank systems with the regulated containing blends of ethanol, biodiesel, substance. or other biofuels and additives shall be compatible with regulated substances stored in the storage tank systems. Exterior coatings. Exterior portions of Field Erected: tanks and integral piping shall be coated Exterior coatings not or otherwise protected from external protected from 5073 62-762.502 62-762.502(1)(f) corrosion.The coating shall be designed Minor Inspection 2014 external corrosion, and applied to resist corrosion, deterioration, and degradation of the deterioration or degradation. exterior wall. Field Erected:Not All components of a storage tank system installed according to 5074 62-762.502 62-762.502(1)(g) shall be installed in accordance with the Minor Inspection manufacturer's manufacturer's instructions. instructions, 0 All storage tank systems shall be installed in accordance with the applicable provisions of API Std 650, March 2013, incorporated by reference in subsection 62-762.201(67), F.A.C.; NFPA 30, 2015 Edition,incorporated by reference in paragraph 62- Field Erected:Not 5075 62-762.502 62-762.502(1)(h) 762.201(36)(a), F.A.C.; NFPA 30A, 2015 SNC-B Review installed according to 2030 Edition, incorporated by reference in reference standards. subparagraph 62-762.501(1((h(2., F.A.C.; ASME 831.3,2014 Edition,incorporated by reference in subparagraph 62- 762.501(1((h)3., F.A.C.; and PEI/RP200- 13, 2013 Edition, incorporated by reference in subparagraph 62- 762.501(1)(b)9.,F.A.C. Whenever integral piping in contact with the soil is installed or relocated after January 11,2017,a survey drawing Field Erected:No of the underground integral piping, signed or sealed survey drawing of the 5076 62-762.502 62-762.502(1)(i) signed and sealed by a professional land Minor Inspection installed or relocated surveyor or professional engineer integral piping in licensed in the State of Florida,shall be completed and maintained as a record in contact with the soil. accordance with Rule 62-762.711,F.A.C. Field Erected storage 5077 62-762.502 62-762.502(2) Storage tank installation. SNC-B Inspection tank system not installed according to applicable provisions. All storage tank systems shall be Field Erected storage installed in accordance the applicable tank system not 5077 62-762.502(2)(a) provisions of Chapter 22 of NFPA 30,SNC-8 Inspection installed according to 2015 Edition. applicable provisions. Storage tanks not constructed according to Storage tank construction requirements. manufacturer's 5078 62-762.502 62-762.502(2))b) SNC-B Inspection 2031,2055 instructions or reference standards or meet inspection schedule established. Storage tanks not constructed according to Storage tanks shall be constructed in manufacturer's 5078 62-762.502)2)(b)1. SNC-B Inspection 2031,2055 accordance with one of the following: instructions or reference standards or meet inspection schedule established. Design and Construction of Large, Welded, Low-Pressure Storage Tanks, Storage tanks not API Std 620,12th Edition,October 2013, constructed hereby adopted and incorporated by according to reference, and available at the manufacturer's 5078 62-762.502(2)(b)l.a. Department address listed in subsection SNC-B Inspection instructions or 2031,2055 62-762.211(1), F.A.C., or from the reference standards publisher at API, 1220 L Street, N.W., or meet inspection Washington, D.C.20005,(202)682-8000, schedule established. or at http://www.api.org/,or Storage tanks not constructed according to API Std 650,incorporated by reference in manufacturer's 5078 62-762.502(2)(b)1.b. SNC-B Inspection 2031,2055 subsection 62-762.201(67),F.A.C. instructions or reference standards or meet inspection schedule established. Storage tanks not Storage tanks shall be inspected and constructed tested at a frequency established in according to 5078 62-762.502(2)(b)2. accordance with API Std 653,November SNC-B Inspection manufacturer's 2031,2055 2014, incorporated by reference in instructions or subsection 62-762.411(3), F.A.C., and reference standards maintained for the life of the tank, or meet inspection schedule established. Cathodic and corrosion protection.Steel Field Erected: tanks in contact with soil shall have a Cathodic protection 5079 62-762.502 62-762.502(2)(c) Minor Review 2032 cathodic or corrosion protection system installation does not meeting the following requirements: meet requirements. The cathodic protection system shall be designed, constructed, and installed in accordance with API RP 651,4th Edition, September 2014, incorporated by reference in paragraph 62-762.501(2)(c), F.A.C., or NACE Standard RP0193-2001, Field Erected: 2001 Edition,incorporated by reference Cathodic protection 5079 62-762.502(2)(c)1. Minor Review 2032 in subparagraph 62-762.501(2)(c)1., installation does not F.A.C. Storage tanks that have been meet requirements. upgraded with secondary containment consisting of a new steel bottom that is not in contact with the soil are not required to have cathodic protection on the new steel bottom. A field-installed cathodic protection Field Erected: 5079 62-762.502(2)(c)2. system shall be designed and installed by Minor Review Cathodic protection 2032 or under the direction of a Corrosion installation does not Professional; meet requirements. The cathodic protection system shall be designed and installed with at least one test station in accordance with Cathodic protection 5080 62-762.502 62-762.502(2)(c)3. paragraph 62-762.502(1)(c), F.A.C., or a Minor Inspection system not installed with test station or method of monitoring to allow for a determination of current operating monitoring point. status Storage tank systems using corrosion protection systems with vapor corrosion inhibitors that are registered in accordance with subsection 62- VCI not installed 5081 62-762.502 62-762.502)2)(c)5. 762.851(2),F.A.C.,shall be designed and Minor Inspection according to installed in accordance with the requirements. requirements specified in subsection 62- 762.702(3), F.A.C., and under the direction of a Corrosion Professional. 0 Secondary containment not installed per Secondary containment. standards,including 2033,2034,2035, 5082 62-762.502 62-762.502(2)(d) SNC-B Inspection capacity 2036,2037,2038, requirements, 2050,2051 drainage,and seal. Shear valve for not installed. Secondary containment not installed per All storage tanks, including those that standards,including 2033,2034,2035, 5082 62-762.502(2)(d)1. contain used oil, shall have secondary SNC-B Inspection capacity 2036,2037,2038, containment. requirements, 2050,2051 drainage,and seal. Shear valve for not installed. Secondary containment not Storage tanks containing high viscosity installed per standards,including 2033,2034,2035, 5082 62-762.502(2)(d)2. products are exempt from the SNC-B Inspection capacity 2036,2037,2038, requirements for secondary containment. requirements, 2050,2051 drainage,and seal. Shear valve for not installed. Secondary containment not installed per Dike field areas with secondary standards,including 2033,2034,2035, 5082 62-762.502(2)(d)3. SNC-B Inspection capacity 2036,2037,2038, containment shall: requirements, 2050,2051 drainage,and seal. Shear valve for not installed. Secondary containment not installed per standards,including 2033,2034,2035, Conform to the requirements of Chapter 5082 62-762.502(2)(d)3.a. 22 of NFPA 30,2015 Edition; SNC-B Inspection capacity 2036,2037,2038, requirements, 2050,2051 drainage,and seal. Shear valve for not installed. Contain a minimum of 110 percent of the maximum capacity of the storage tank located within the dike field area, Secondary or of the largest single-walled storage containment not tank located within a dike field area installed per including more than one storage tank. standards,including 2033,2034,2035, 5082 62-762.502(2)(d)3.b. SNC-8 Inspection capacity 2036,2037,2038, For dike field areas containing more than one storage tank, capacity calculations requirements, 2050,2051 shall be made after deducting the drainage,and seal. volume of the storage tanks,other than Shear valve for not the largest storage tank, below the nstalled. height of the dike; Secondary containment not installed per Be constructed, if not roofed or standards,including 2033,2034,2035, 5082 62-762.502(2)(d)3.c. otherwise protected from the SNC-B Inspection capacity 2036,2037,2038, accumulation of rainfall requirements, 2050,2051 drainage,and seal. Shear valve for not installed. Secondary Have all integral piping and other containment not penetrations that pass through the installed per secondary containment of dike field standards,including 2033,2034,2035, 5082 62-762.502(2)(d)3.d. areas sealed around the penetration SNC-B Inspection capacity 2036,2037,2038, with an impervious compatible material requirements, 2050,2051 to prevent the release of regulated drainage,and seal. substances. Shear valve for not installed. Storage tanks where the entire bottom of the tank is in contact with concrete, Secondary and the concrete is not sealed in containment not accordance with paragraph 62- installed per 762.502(1)(b),F.A.C.,do not have to seal standards,including 2033,2034,2035, 5082 62-762.502(2)(d)4. the concrete beneath the tank until such SNC-B Inspection capacity 2036,2037,2038, time as the tank bottom is replaced. requirements, 2050,2051 Concrete secondary containment drainage,and seal. systems designed in accordance with Shear valve for not subparagraph 62-762.502(1)(b)3., F.A.C., installed. do not have to be sealed. Secondary Instead of installing secondary containment not containment in the entire dike field area installed per in accordance with this subsection, an standards,including 2033,2034,2035, 5082 62-762.502(2)(d)5. alternative dike field secondary SNC-B Inspection capacity 2036,2037,2038, containment system registered in requirements, 2050,2051 accordance with subsection 62- drainage,and seal. 762.851(2),F.A.C.,may be used. Shear valve for not installed. Secondary Instead of installing secondary containment not containment in the entire dike field area nstalled per n accordance with this subsection, a standards,including 2033,2034,2035, 5082 62-762.502)2)(d)6. SNC-B Inspection capacity 2036,2037,2038, double-walled storage tank may be used. The storage tank must be constructed in requirements, 2050,2051 accordance with API Std 650. drainage,and seal. Shear valve for not installed. Release prevention barriers for dike field Secondary containment systems shall be impervious containment not and be designed and constructed in installed per accordance with API Std 650, or be standards,including 2033,2034,2035, 5082 62-762.502(2)(d)7. SNC-B Inspection capacity 2036,2037,2038, registered as a release prevention barrier or secondary containment in requirements, 2050,2051 accordance with subsection 62- drainage,and seal. 762.851(2),F.A.C. Shear valve for not installed. Overfill protection not provided.Fuel 2040,2041,2043, 5083 62-762.502 62-762.502(2)(e) Overfill protection. SNC-B Inspection transfer not 2121 monitored.Alarms not installed. No transfer of regulated substances shall be made unless the volume available in Overfill protection not provided.Fuel the tank Is greater than the volume of 2040,2041,2043, 5083 62-762.502(2)(e)1. SNC-B Inspection transfer not regulated substances to be transferred. 2121 The transfer shall be repeatedly monitored.Alarms monitored to prevent overfilling. not installed. Overfill protection Overfill protection shall be performed,as not provided.Fuel 2040,2041,2043, 5083 62-762.502(2)(e)2. applicable, In accordance with API RP SNC-B Inspection transfer not 2121 2350,4th Edition,May 2012. monitored.Alarms not installed. All storage tanks, not subject to API Overfill protection 2350,4th Edition,May 2012,shall not be not provided.Fuel 2040,2041,2043, 5083 62-762.502(2))e)3. filled beyond 90 percent capacity and SNC-B Inspection transfer not shall be equipped with at least one of monitored.Alarms 2121 the following overfill protection devices: not installed. CJ A gauge or other measuring device that accurately shows the level of regulated substances in the storage tank,and that is visible to the person who is monitoring Overfill protection not provided.Fuel the filling that shall be registered in 2040,2041,2043, 5083 62-762.502(2)(e)3.a. SNC-B Inspection transfer not accordance with subsection 62- 2121 monitored.Alarms 762.851(2), F.A.C.,and shall perform an not installed. operability test annually at intervals not exceeding 12 months to ensure proper operation; A high level warning alarm that shall be registered in accordance with subsection Overfill protection not provided.Fuel 62-762.851(2), F.A.C., and shall perform 2040,2041,2043, 5083 62-762.502(2)(e)3.b. an operability test annually at intervals SNC-B Inspection transfer not 2121 monitored.Alarms not exceeding 12 months to ensure not installed. proper operation; A high level liquid flow cutoff controller that shall be registered in accordance Overfill protection not provided.Fuel with subsection 62-762.851(2), F.A.C., 2040,2041,2043, 5083 62-762.502(2)(e)3.c. SNC-B Inspection transfer not and shall perform an operability test 2121 monitored.Alarms annually at intervals not exceeding 12 not installed. months to ensure proper operation;or Overfill protection not provided.Fuel An impervious dike field area designed 2040,2041,2043, 5083 62-762.502(2)(e)3.d. to contain overfills. SNC-B Inspection transfer not 2121 monitored.Alarms not installed. Spill Containment.Storage tanks that are loaded by trucks shall be installed with a spill containment system at each tank fill Storage tank system not installed with a connection within six months of January 11,2017,except for tank fill connections spill containment 5084 62-762.502 62-762.502(2)(f) located within dike field areas with SNC-B Inspection system at each tank fill connection. Does secondary containment or within tank truck containment areas. The spill not meet containment system shall meet the performance requirements of paragraph 62- requirements. 762.502(1)(b),F.A.C. Piping sumps not Piping sumps. meeting performance 5085 62-762.502 62-762.502(2)(g) SNC-B Inspection requirements or installed to allow for release detection. Piping sumps shall meet the performance requirements of paragraph 62-762.502(1)(b), F.A.C., and be 5085 62-762.502(2)(8)1. registered in accordance with subsection 62-762.851(2),F.A.C.The sumps shall be designed, constructed, and installed to prevent Piping sumps shall be installed to allow for interstitial monitoring of the integral Piping sumps not 5086 62-762.502 62-762.502(2((g)2. piping and monitoring of the piping Minor Inspection installed to allow for sump,as applicable,in accordance with release detection. Rule 62-762.601,F.A.C. 0 Hydrant sumps. Underground hydrant sumps shall be installed to prevent the discharge of regulated substances during fueling of aircraft, vessels, or at any other time the hydrant system is in use, and shall be registered in accordance Hydrant sumps not 5087 62-762.502 62-762.502(2)(h) with subsection 62-762.851(2), F.A.C.SNC-B Inspection installed or Any such equipment shall be sealed to registered. and around the hydrant piping with an impervious, compatible material. Hydrant sumps shall be containment integrity tested in accordance with subparagraph 62-762.502(1)(b)8.,F.A.C. Relocation of storage tanks. Storage tanks that have been removed and that are to be reinstalled at a different location shall be re-registered with the Relocated or reused Department in accordance with tanks do not meet 5088 62-762.502 62-762.502(2)(i) Minor Inspection subsection 62-762,401(1), F.A.C., and requirements,not reinstalled in accordance with API Std certified. 653, November 2014, incorporated by reference in subsection 62-762.411(3), F.A.C. Bulk product piping not installed per manufacturer's instructions,or 2046,2047,2048, 5089 62-762.502 62-762.502(4) Bulk product piping. SNC-B Inspection reference standards. 2049,2081,2095 Testing not completed prior to service. Bulk product piping not installed per manufacturer's instructions,or 2046,2047,2048, 62-762.502(4)(a) Installation. SNC-B Inspection reference standards. 2049,2081,2095 Testing not completed prior to service. Bulk product piping shall be constructed and installed In accordance with the applicable provisions of Chapter 27 of NFPA 30,2015 Edition;and either ASME B31.3, 2014 Edition; or B31.4, 2012 Edition, incorporated by reference in Bulk product piping subparagraph 62-762.501(3)(a(1., F.A.C.; not installed per or Welding of Pipelines and Related manufacturer's 62-762.502(4)(a)1. Facilities, API Std 1104, 21st Edition,SNC-B Inspection instructions,or 2046,2047,2048, includes Errata 1(2013),Errata 2(2014), reference standards. 2049,2081,2095 Errata 3(2014),and Addendum 1(2014), Testing not September 2013, hereby adopted and completed prior to incorporated by reference,and available service. at the Department address listed in subsection 62-762.211(1),F.A.C.,or from the publisher at API,1220 L Street,N.W., Washington,D.C.20005,(202)682-8000, or at http://www.api.org/. 0 Bulk product piping not installed per All new bulk product piping that is not in manufacturer's contact with the soil shall meet the instructions,or 2046,2047,2048, 62-762.502)4)(a)2. SNC-B Inspection reference standards. 2049,2081,2095 construction requirements in paragraphs 62-762.502(4)(a)and(c),F.A.C. Testing not completed prior to service. An integrity test shall be performed for underground bulk product piping for high viscosity products in accordance with Chapter 27 of NFPA 30, 2015 Edition, before the piping system is Integrity test not placed into initial use. An interstitial performed for integrity test shall be performed for underground bulk 5090 62-762.502 62-762.502(4)(a)3. Minor Review underground bulk product piping with product piping for secondary containment in accordance high viscosity with subsection 62-762.702(4),F.A.C.,or products. Chapter 27 of NFPA 30, 2015 Edition, before the piping is placed into initial use. Bulk product piping: Failure of secondary 2054,2060,2097, 5091 62-762.502 62-762.502(4)(b) Secondary containment. SNC-B Review containment to meet 2130 standards for field erected tank systems. All bulk product piping, including such Bulk product piping: piping that contains used oil,that is in Failure of secondary contact with the soil or that transports 2054,2060,2097, 5091 62-762.502(4)(b)1. regulated substances over surface SNC-B Review containment to meet 2130 standards for field waters of the state shall have secondary erected tank systems. containment. Single-walled bulk product piping that was installed before June 30,1992,and that had an initial structural evaluation performed in accordance with API 570, November 2009, incorporated by reference in subsection 62-762.411(3), Bulk product piping: F.A.C.,before January 1,2000,is exempt Failure of secondary 2054,2060,2097, 5091 62-762.502)4)(b(2. from this requirement if the evaluation SNC-B Review containment to meet 2130 indicated that the bulk product piping standards for field had remaining useful life. The piping erected tank systems. shall be repaired or upgraded with secondary containment or closed when a periodic API 570, November 2009, inspection indicates that repair, upgrading or closure is necessary. Bulk product piping: Bulk product piping containing high Failure of secondary viscosity products are exempt from the 2054,2060,2097, 5091 62-762.502)4)(b(3. requirements for secondary SNC-B Review containment to meet 2130 standards for field containment. erected tank systems. Single-walled bulk product piping that is in contact with the soil and is not Bulk product piping: exempt pursuant to subparagraphs 62- Failure of secondary 2054,2060,2097, 5091 62-762.502(4)(b)4. 762.502(4))b(2. and 3., F.A.C., shall be SNC-B Review containment to meet 2130 immediately and permanently closed in standards for field accordance with subsection 62- erected tank systems. 762.802(3),F.A.C. 0 Bulk product piping in contact with the soil containing high viscosity products may be converted to non-high viscosity product service without having to install secondary containment if an API 570, November 2009, integrity assessment, Bulk product piping: incorporated by reference in subsection Failure of secondary 2054,2060,2097, 5091 62-762.502(4)(b)5. 62-762.411(3), F.A.C., is performed and SNC-B Review containment to meet 2130 confirms that the piping has remaining standards for field useful life.The piping shall be repaired erected tank systems. or upgraded with secondary containment or closed when a periodic API 570, November 2009, inspection indicates that repair, upgrading or closure is necessary. Bulk product piping not constructed 5092 62-762.502 62-762.502(4)(c) Construction. SNC-B Inspection according to 2039,2052 reference standards or meet inspection schedule established. new steel ouIK proauct piping snail oe constructed in accordance with ASME 631.3, 2014 Edition; or ASME 831.4, 2012 Edition; or API STD 1104, 21st Edition,includes Errata 1(2013),Errata 2 (2014),Errata 3(2014),and Addendum 1 (2014), September 2013. Bulk product steel integral piping in contact with the soil shall be cathodically protected in accordance with API RP 1632,May 1996, (Reaffirmed June 2002),incorporated by reference in subparagraph 62- Bulk product piping 762.501(3))c)2., F.A.C.; NACE Standard not constructed 5092 62-762.502(4)(c)1. SP0169-2013,2013 Edition,incorporated SNC-B Inspection according to 2039,2052 by reference in subparagraph 62- reference standards 762.501(3)(c)2., F.A.C.; or STI R892, or meet inspection Revised January 2006, incorporated by schedule established. reference in subparagraph 62- 762.501)3))c)2., F.A.C. Corrosion Protection can also be provided using vapor corrosion inhibitors registered in accordance with subsection 62- 762.851(2), F.A.C. Bulk product piping using corrosion protection systems with vapor corrosion inhibitors that are registered in accordance with subsection 62-762.851(2), F.A.C., shall be designed Bulk product piping constructed of other Bulk product piping materials, design, or corrosion not constructed according to 5092 62-762.502(4)(c)2. protection shall be registered with the SNC-B Inspection reference standards 2039,2052 Department in accordance with or meet inspection subsection 62.762.851(2),F.A.C. schedule established. Bulk product piping using corrosion protection systems with vapor corrosion inhibitors that are registered in accordance with subsection 62- 762.851(2),F.A.C.,shall be designed and installed under the direction of a Bulk product piping not constructed Corrosion Professional and shall be according to 5092 62-762.502(4)(c)3. installed with at least one electrical SNC-B Inspection 2039,2052 reference standards resistance probe or a method of monitoring to allow for a determination or meet inspection schedule established. of the corrosion rate within the piping interstice. The VCI system shall be designed and installed in accordance with the requirements specified in subsection 62-762.702(3),F.A.C. Storage Tanks in contact with soil does not have appropriate 2044,2045,2065, 5093 62-762.601 62-762.601(1) General requirements. SNC-A Inspection testing,including 2068,2080,2085, breach of integrity, 2107 tightness or electronic leak detection. Storage Tanks in contact with soil does Storage tank systems shall have a not have appropriate method or combination of methods of 2044,2045,2065, testing,including 5093 62-762.601(1)(a) release detection that can detect a new SNC-A Inspection 2068,2080,2085, breach of integrity, release from any portion of the storage 2107 tanktightness or system. electronic leak detection. Any storage tank system without a method,or combination of methods,of Storage Tanks in contact with soil does release detection in accordance with this not have appropriate section, shall immediately provide a 2044,2045,2065, 5093 62-762.601(1)(b) method of release detection, or SNC-A Inspection testing,including 2068,2080,2085, immediately empty the storage tank breach of integrity, 2107 system and place the affected system tightness or electronic leak out-of-service in accordance with detection. subsection 62-762.801(2),F.A.C. Any component of a storage tank system with an Interstice shall have a method of Storage Tanks in contact with soil does interstitial monitoring which shall be not have appropriate conducted in accordance with this 2044,2045,2065, testing,including 5093 62-762.601(1)(c) section. Interstitial monitoring can be SNC-A Inspection 2068,2080,2085, breach of integrity, performed with vacuum, pressure, 2107 tightness or hydrostatic(liquid-level sensing),sensors electronic leak or probes, or visual release detection detection. methods. Except as otherwise specified in this Rule, the release detection method or combination of methods used at a facility shall be performed at least once Release detection not 2069,2070,2083, 5094 62-762.601 62-762.601(1)(d) every calendar month,but not exceeding SNC-B Review visually inspected 2087,2089,2093, 35 days, to determine if a release from once a month. 2104 the storage tank system has occurred. visual inspeCuunS. At least OTTCe a month,but not exceeding 35 days,every component of a storage tank system that contains, transfers, or stores, or is designed to contain, transfer, or store regulated substances that can be inspected visually shall be visually inspected and documented as to its condition pursuant to Rule 62-762.711, F.A.C.Any visual inspection of a storage tank system that reveals uncontrolled pitting corrosion, structural damage, leakage, or other similar problems is Release detection not 2069,2070,2083, considered a positive response. The 5094 62-762.601(1)(e) SNC-B Review visually inspected 2087,2089,2093, positive response shall be recorded as once a month. 2104 part of the release detection records, and reported and investigated as an incident pursuant to Rule 62-762.431, F.A.C. Repairs shall be made in accordance with Rule 62-762.701, F.A.C. A monthly visual inspection is not required for any system component using an electronic release detection method; however,piping and dispenser sumps that use an electronic release detection method must also be visually inspected every six months and records Electronic and Electronic and mechanical release mechanical release detection devices shall be: detection not 5095 62-762.601 62-762.601(1)(f) Minor Review installed calibrated, 2066 operattededand maintained per manufacturer's specifications. Electronic and Installed, calibrated, operated, and maintained in accordance with the mechanical release detection not manufacturer's instructions,and shall be Installed,calibrated, 5095 62-762.601(1)(f)1. designed and installed to provide service Minor Review 2066 operated and checks for operability to ensure that the device is functioning in accordance with maintained per manufacturer's subsection 62-762.701(4),F.A.C. specifications. Registered in accordance with Electronic and subsection 62-762.851(2), F.A.C., except mechanical release 5096 62-762.601 62-762.601(1)(f)2. that controllers or annunciators that are Minor Review detection not used to display leak detection test results are not required to be registered. registered. Electronic release detection devices shall be inspected for proper operation at least once every calendar month, but not exceeding 35 days. A record or summary of the alarm history, sensor status, and testing results related to Release detection not 5097 62-762.601 62-762.601(1)(g) SNC-B Review performed at least 2069,2070 suspected releases shall be printed from any electronic release detection device. once a month. If the release detection system is not capable of printing records,a manual log shall be maintained of the alarm history, sensor status,and testing results. Release detection shall be constructed and installed so that groundwater, Release detection not 5098 62-762.601 62-762.601(1)(h) rainfall,or soil moisture will not render SNC-B Review the release detection method used properly installed. inoperable. 0 Storage tanks with secondary Release detection 5099 62-762.601 62-762.601(2) containment. SNC-B Inspection does not meet 2067,2073,2106 standards. Release detection 5099 62-762.601(2)(a) One or more of the following release SNC-B Inspection does not meet 2067,2073,2106 detection methods shall be used: standards. Liquid level monitoring systems with electronic hydrostatic sensors. These methods shall be able to detect incidents by determining changes in liquid levels within the interstice and monitoring reservoir, and to provide immediate Release detection 5099 62-762.601)2)(a)1. electronic notification with an audible or SNC-B Inspection does not meet 2067,2073,2106 visual alarm to the owner or operator if standards. liquid levels cannot be maintained.Any alarm that indicates that liquid levels are not being maintained is considered a positive response and shall be reported and investigated as an incident pursuant to Rule 62-762.431,F.A.C. Vacuum monitoring. This method shall be able to detect incidents by determining changes in vacuum levels within the interstice by continuous monitoring of vacuum levels and to provide immediate electronic notification with an audible or visual Release detection 5099 62-762.601(2)(a)2. alarm to the owner or operator if SNC-B Inspection does not meet 2067,2073,2106 vacuum levels can not be maintained. standards. Any alarm that indicates that vacuum levels are not being maintained is considered a positive response and shall be reported and investigated as an incident pursuant to Rule 62-762.431, F.A.C. Pressure monitoring.This method shall be able to detect incidents by using an inert gas and determining changes in pressure levels within the interstice by continuous monitoring of pressure levels and to provide immediate electronic notification with an audible or visual Release detection 5099 62-762.601)2))a)3. alarm to the owner or operator if SNC-B Inspection does not meet 2067,2073,2106 pressure levels can not be maintained. standards. Any alarm that indicates that pressure levels are not being maintained is considered a positive response and shall be reported and investigated as an incident pursuant to Rule 62-762.431, F.A.C. Electronic sensors in a normally dry interstice.This method shall be able to detect the presence of liquid in the interstice or monitoring low point and to provide immediate electronic Release detection notification with an audible or visual 5099 62-762.601(2)(x)4. alarm to the owner or operator if liquid SNC-B Inspection does not meet 2067,2073,2106 is detected.Any alarm that indicates the standards. presence of liquid is considered a positive response and shall be reported and investigated as an incident pursuant to Rule 62-762.431,F.A.C. Visually inspected liquid level monitoring systems. This method shall be able to detect incidents by determining changes in liquid levels within the interstice and monitoring reservoir. Any visual Release detection 5099 62-762.601(2)(a)5. observation that indicates that liquid SNC-B Inspection does not meet 2067,2073,2106 levels are not being maintained is standards. considered a positive response and shall be reported and investigated as an incident pursuant to Rule 62-762.431, F.A.C. Visually inspected vacuum or pressure monitoring with gauges. This method Release detection 5099 62-762.601(2)(a)6. shall be able to detect incidents by SNC-B Inspection does not meet 2067,2073,2106 determining changes in vacuum or standards. pressure levels within the interstice. Visual monitoring of normally dry interstices.This method shall be able to detect the presence of liquid at a low point of the interstice.Any presence of water, other than condensate, or Release detection 5099 62-762.601(2)(a)7. regulated substances in the interstice is SNC-8 Inspection does not meet 2067,2073,2106 considered a positive response. The standards. positive response shall be recorded as part of the release detection records and reported and investigated as an incident pursuant to Rule 62-762.431,F.A.C. Visual monitoring of dike fields. This method shall be able to detect the presence of liquid at a low point in the dike field.The accumulation of water or condensation in the low point of the Release detection dike field shall not interfere with the 5099 62-762.601(2)(a)8. SNC-B Inspection does not meet 2067,2073,2106 ability to detect regulated substances. standards. Any release of regulated substance in the dike field is considered a positive response and shall be reported and investigated as an incident pursuant to Rule 62-762.431,F.A.C. Storage tanks Storage tanks without secondary without secondary 5100 62-762.601 62-762.601(3) containment. SNC-B Inspection containment not visually inspected monthly. Required release detection methods. Storage tanks Storage tanks that are exempt from without secondary 5100 62-762.601(3)(a) secondary containment shall have p SNC-B Inspection containment not monthly visual inspections performed in visually inspected accordance with paragraph 62- monthly. 762.601(1)(e),F.A.C. Performance Requirements. Visual Storage tanks inspections of storage tanks shall include without secondary 5100 62-762.601)3))b) an inspection of the exterior of each SNC-B Inspection containment not tank,the integral piping,and any other visually inspected storage tank system components. monthly. Small diameter integral piping with secondary Small diameter integral piping with SNC-B Review containment: 2067,2098,2105 5101 62-762.601 62-762.601(4) secondary containment. Applicable release detection methods not used. • Small diameter Integral piping with One or more of the applicable release secondary 5101 62-762.601(4)(a) detection methods in subsection 62-SNC-B Review containment: 2067,2098,2105 762.601(2),F.A.C.,shall be used. Applicable release detection methods not used. Small diameter In addition, pressurized small diameter integral piping i in with integral piping in contact with the soil secondary shall be equipped with a release SNC-B Review containment: 2067,2098,2105 5101 62-762.601(4)(b) detection system that can detect a leak Applicable release within one hour. One of the following detection methods methods shall be used: not used. Mechanical line leak detectors. Mechanical line leak detectors shall be capable of detecting a discharge of 3.0 gallons per hour(gph)with a probability Small diameter of detection of 0.95,and a probability of integral piping with false alarm of 0.05 at an equivalent line secondary pressure of 10 pounds per square inch 5101 62-762.601(4)(b)1. SNC-8 Review containment: 2067,2098,2105 (psi) and restrict flow within one hour. Applicable release Any instance where the mechanical line detection methods leak detector is restricting flow is not used. considered a positive response and shall be reported and investigated as an incident pursuant to Rule 62-762.431, F.A.C. Electronic line leak detectors. Electronic line leak detectors shall be capable of detecting a discharge of 3.0 gph with a probability of detection of 0.95, and a Small diameter probability of false alarm of 0.05 at an integral piping with equivalent line pressure of 10 psi and secondary 5101 62-762.601(4))b)2. shut off power to the pump. Any SNC-I3 Review containment: 2067,2098,2105 instance where the electronic line leak Applicable release detector has shut off power to the pump detection methods is considered a positive response and not used. shall be reported and investigated as an incident pursuant to Rule 62-762.431, F.A.C. Electronic interstitial monitoring devices. Storage tank systems without line leak detectors, shall have electronic Small diameter interstitial monitoring devices that are integral piping with capable of detecting a release of 10 secondary 5101 62-762.601(4)(b)3. gallons within one hour and shutting off SNC-B Review containment: 2067,2098,2105 the pump. Any instance where the Applicable release monitoring device has shut off the pump detection methods is considered a positive response and not used. shall be reported and investigated as an incident pursuant to Rule 62-762.431, F.A.C. 0 Annual operability testing of release detection systems.All release detection devices shall be tested annually at intervals not exceeding 12 months to ensure proper operation.The test must either simulate an actual alarm condition or shall be conducted according to Single walled suction 5102 62-762.601 62-762.601(7) manufacturer's specifications, and shall Minor Review piping does not have 2090,2122 include,at a minimum,a determination annual line test. of whether the device operates as designed. Remote testing of the system can be performed by the manufacturer if the remote test is included in the third- party certification by a Nationally Recognized Testing Laboratory. Storage tank systems does not have appropriate testing, General requirements. 2065,2068,2079, 5103 62-762.602 62.762.602(1) SNC-A Inspection including breach of 2080,2085 integrity,tightness or electronic leak detection. Storage tank systems Storage tank systems shall have a does not have method or combination of methods of appropriate testing, 2065,2068,2079, 5103 62-762.602(1)(a) release detection that can detect a new SNC-A Inspection including breach of 2080,2085 release from any portion of the storage integrity,tightness or tank system. electronic leak detection. Any storage tank system without a method,or combination of methods,of release detection in accordance with this Storage tank systems does not have section,shall immediately provide a appropriate testing, method of release detection,or 2065,2068,2079, 5103 62-762.602)1)(b) immediately empty the storage tank SNC-A Inspection including breach of 2080,2085 system and place the affected system integrity,tightness or out-of-service,or close the system in electronic leak detection. accordance with subsection 62- 762.802(3),F.A.C. Any component of a storage tank system with an interstice shall have a method of Storage tank systems interstitial monitoring which shall be does not have conducted In accordance with this appropriate testing, 2065,2068,2079, 5103 62-762.602(1)(c) section.Interstitial monitoring can be SNC-A Inspection including breach of 2080,2085 performed with vacuum,pressure, integrity,tightness or hydrostatic(liquid-level sensing),sensors electronic leak or probes,or visual release detection detection. methods. Except as otherwise specified in this Rule, the release detection method or combination of methods used at a Storage tank system facility shall be performed at least once 2069,2070,2083, 5104 62-762.602 62-762.602(1)(d) every calendar month,but not exceeding SNC-B Review components not 2087,2089,2093, 35 days,to determine if a release from visually inspected 2104 monthly. the storage tank system has occurred. • Visual inspections. At least once a month,but not exceeding 35 days,every component of a storage tank system that contains, transfers, or stores, or is designed to contain, transfer, or store regulated substances can be inspected visually shall be visually inspected and documented as to its condition pursuant to Rule 62-762.711, F.A.C. Any visual inspection of a storage tank system that Storage tank system 2069,2070,2083, 5104 62-762.602(1)(e) reveals uncontrolled pitting corrosion,SNC-8 Review components not 2087,2089,2093, structural damage, leakage, or other visually inspected 2104 similar problems is considered a positive monthly. response.The positive response shall be recorded as part of the release detection records and reported and investigated as an incident pursuant to Rule 62-762.431, F.A.C. Repairs shall be made in accordance with Rule 62-762.702,F.A.C. A visual inspection is not required for any system component using an electronic release detection method. Electronic and mechanical release Electronic and mechanical release detection not detection devices shall be: installed,calibrated, 5105 62-762.602 62-762.602(1)(f) Minor Review 2066 operated and maintained per manufacturer's specifications. Electronic and Installed, calibrated, operated, and maintained in accordance with the mechanical release detection not manufacturer's instructions,and shall be installed,calibrated, 5105 62-762.602)1))f)1. designed and installed to provide service Minor Review 2066 operated and checks for operability to ensure that the device is functioning in accordance with maintained per manufacturer's subsection 62-762.702(4),F.A.C.;and, specifications. Registered in accordance with Electronic and subsection 62-762.851(2), F.A.C., except mechanical release 5106 62-762.602 62-762.602(1))f)2. that controllers or annunciators that are Minor Review detection not used to display leak detection test results are not required to be registered. registered. Electronic release detection devices shall be inspected for proper operation at least once every calendar month, but not exceeding 35 days. A record or summary of the alarm history, sensor status, and testing results related to Release detection 5107 62-762.602 62-762.602(1)(g) suspected releases shall be printed from SNC-B Review devices not inspected 2069,2070 any electronic release detection device. monthly. If the release detection system is not capable of printing records,a manual log shall be maintained of the alarm history, sensor status,and testing results. 0 Release detection shall be constructed Release detection shall be constructed and installed so that and installed so that groundwater, groundwater,rainfall, 5108 62-762.602 62-762.602(1)(h) rainfall,or soil moisture will not render SNC-B Review or soil moisture will the release detection method used not render the inoperable. release detection method used inoperable. Release detection Storage tanks with secondary SNC-B Inspection does not meet 2067,2073,2106 5109 62-762.602 62-762.602(2) containment. p standards. Release detection 5109 62-762.602(2)(a( One or more of the following release SNC-B Inspection does not meet 2067,2073,2106 detection methods shall be used: standards. Liquid level monitoring systems with electronic hydrostatic sensors. These methods shall be able to detect incidents by determining changes in liquid levels within the interstice and monitoring reservoir and to provide immediate Release detection electronic notification with an audible or 5109 62-762.602(2)(x)1. visual alarm to the owner or operator if SNC-B Inspection does not meet 2067,2073,2106 standards. liquid levels cannot be maintained.Any alarm that indicates that liquid levels are not being maintained is considered a positive response and shall be reported and investigated as an incident pursuant to Rule 62-762.431,F.A.C. Vacuum monitoring. This method shall be able to detect incidents by determining changes in vacuum levels within the interstice by continuous monitoring of vacuum levels and to provide immediate electronic notification with an audible or visual Release detection 5109 62-762.602)2)(a(2. alarm to the owner or operator if SNC-B Inspection does not meet 2067,2073,2106 vacuum levels can not be maintained. standards. Any alarm that indicates that vacuum levels are not being maintained is considered a positive response and shall be reported and investigated as an incident pursuant to Rule 62-762.431, F.A.C. Pressure monitoring.This method shall be able to detect incidents by using an inert gas and determining changes in pressure levels within the interstice by continuous monitoring of pressure levels and to provide immediate electronic notification with an audible or visual Release detection 5109 62-762.602(2)(a(3. alarm to the owner or operator if SNC-B Inspection does not meet 2067,2073,2106 pressure levels can not be maintained. standards. Any alarm that indicates that pressure levels are not being maintained is considered a positive response and shall be reported and investigated as an incident pursuant to Rule 62-762.431, F.A.C. 0 Electronic sensors in a normally dry interstice.This method shall be able to detect the presence of liquid in the interstice or monitoring low point and to provide immediate electronic Release detection 5109 62-762.602(2)(a)4. notification with an audible or visual SNC-B Inspection does not meet 2067,2073,2106 alarm to the owner or operator if liquid standards. is detected.Any alarm that indicates the presence of liquid is considered a positive response and shall be reported and investigated as an incident pursuant to Rule 62-762.431,F.A.C. Visually inspected liquid level monitoring systems. This method shall be able to detect incidents by determining changes in liquid levels within the interstice and monitoring reservoir. Any visual Release detection 5109 62-762.602(2)(a)5. observation that indicates that liquid SNC-B Inspection does not meet 2067,2073,2106 levels are not being maintained is standards. considered a positive response and shall be reported and investigated as an incident pursuant to Rule 62-762.431, F.A.C. Visually inspected vacuum or pressure monitoring with gauges. This method Release detection 5109 62-762.602(2)(a)6. shall be able to detect incidents by SNC-B Inspection does not meet 2067,2073,2106 determining changes in vacuum or standards. pressure levels within the interstice. Visual monitoring of normally dry interstices.This method shall be able to detect the presence of liquid at a low point of the interstice.Any presence of Release detection water, other than condensate, or SNC-B Inspection does not meet 2067,2073,2106 5109 62-762.602(2)(a)7. regulated substances in the interstice is standards. considered a positive response and shall be reported and Investigated as an incident pursuant to Rule 62-762.431, F.A.C. Visual monitoring of dike fields. This method shall be able to detect the presence of regulated substances at a low point in the dike field. The accumulation of water or condensation in the low point of the dike field shall not Release detection 5109 62-762.602(2)(a)8. interfere with the ability to detect SNC-B Inspection does not meet 2067,2073,2106 regulated substances. Any release of standards. regulated substances in the dike field is considered a positive response and shall be reported and investigated as an incident pursuant to Rule 62-762.431, F.A.C. Storage tanks without secondary Storage tanks without secondary SNC-B Inspection containment not 5110 62-762.602 62-762.602(3) containment. visually inspected monthly. Storage tanks without secondary 5110 62-762.602(3)(a) Required release detection methods SNC-B Inspection containment not visually inspected monthly. Storage tanks that are exempt from Storage tanks secondary containment shall have without secondary 5110 62-762.602(3)(a)1. monthly visual inspections performed in SNC-B Inspection containment not accordance with paragraph 62- visually inspected 762.602(1)(e),F.A.C. monthly. Storage tanks Storage tanks,except those containing without secondary high viscosity product,shall have one of 5110 62-762.602(3)(a)2. SNC-B Inspection containment not the following methods of release visually inspected detection: monthly. Storage tanks without secondary Electronic sensing equipment installed 5110 62-762.602(3)(a)2.a. SNC-B Inspection containment not beneath the storage tank. visually inspected monthly. Storage tanks External monitoring using tracer or without secondary helium testing systems registered in 5110 62-762.602(3)(a)2.b. SNC-B Inspection containment not accordance with subsection 62- visually inspected 762.851(2),F.A.C. monthly. Storage tanks Another method registered in without secondary 5110 62-762.602(3)(a)2.c. accordance with subsection 62- SNC-B Inspection containment not 762.851(2),F.A.C. visually inspected monthly. Performance Requirements. Single- walled release detection systems shall be designed and constructed to allow No monthly visual monitoring of the tank for the purpose inspection of of discovering if an incident has aboveground or occurred. Single-walled release SNC-B Review exempt bulk product 2096,2105 5111 62-762.602 62-762.602(3)(b) detection systems shall be constructed pipe.Electronic and installed so that groundwater, sensing equipment rainfall,or soil moisture will not render not tested annually. the testing or sampling method inoperative. Electronic sensing equipment placed externally around storage tanks that involve the use of electronic sensors, probes, or fiber-optic systems shall be No monthly visual tested at least annually at intervals not inspection of exceeding 12 months to verify that they aboveground or 5111 62-762.602)3((b)1. operate properly. Groundwater and SNC-B Review exempt bulk product 2096,2105 vapor monitoring wells using the pipe.Electronic placement of sensors or probes in sensing equipment vertical, horizontal, or directionally- not tested annually. drilled wells shall be designed and installed in accordance with the equipment registration for that system. No monthly visual Visual inspections of field erected inspection of storage tanks shall include an inspection aboveground or 5111 62-762.602(3)(b)2. of the exterior of each tank,the integral SNC-B Review exempt bulk product 2096,2105 piping system, the dike field area, and pipe.Electronic any other storage system components, sensing equipment not tested annually. Bulk product and hydrant piping without Bulk product and secondary containment. Single-walled hydrant piping bulk product and hydrant piping in without secondary contact with the soil, except those containment does 5112 62-762.602 62-762.602(6) containing high viscosity product, shall SNC-B Review 2067,2098 not have annual have one or more of the following testing or visual release detection methods: inspections completed monthly. An annual line pressure test performed in accordance with Recommended Practice for the Pressure Testing of Steel Pipelines for the Transportation of Gas, Bulk product and Petroleum Gas, Hazardous Liquids, Highly Volatile Liquids, or Carbon hydrant piping Dioxide, API RP 1110, 6th Edition, without secondary 5112 62-762.602(6)(a) February 2013, hereby adopted and SNC-B Review containment does 2067,2098 incorporated by reference,and available not have annual from the Department address listed in testing or visual inspections subsection 62.762.211(1),F.A.C.,or from completed monthly. the publisher at API,1220 L Street,N.W., Washington,D.C.20005,(202)682-8000, or at http://www.api.org/, regardless of the date of installation of the piping. External monitoring shall be performed in accordance with the requirements of paragraph 62-762.602(1)(d), F.A.C., if designed to detect a discharge from any Bulk product and portion of the integral piping. External hydrant piping release detection methods using fiber without secondary 5112 62-762.602(6)(b) optic, acoustic, helium, cable, and SNC-B Review containment does 2067,2098 chemical marker release detection not have annual methods shall be performed monthly,or testing or visual annually at intervals not exceeding 12 inspections months if approved by a Nationally completed monthly. Recognized Testing Laboratory as having a 0.2 gallons per hour leak rate detection capability. Internal release detection methods, other than pressure testing, which are registered in accordance with subsection 62-762.851(2), F.A.C., shall be able to detect a leak of 0.2 gallons per hour with a probability of detection of 0.95,and a probability of false alarm of 0.05. Bulk product and Internal release detection systems hydrant piping meeting the 0.2 gallons per hour without secondary 5112 62-762.602(6)(c) threshold shall be performed annually at SNC-B Review containment does 2067,2098 intervals not exceeding 12 months. not have annual Annual pigging of bulk product piping testing or visual can be performed as a method of inspections internal release detection instead of completed monthly. other methods specified above. The pigging must provide ultrasonic thickness, magnetic flux, or other data that demonstrates that the piping does not have holes or sources where product leaks from the pipe. Bulk product and Bulk product and hydrant piping not in hydrant piping contact with the soil shall be visually without secondary containment does 5112 62-762.602(6)(d) inspected in accordance with paragraph SNC-B Review 2067,2098 not have annual 62-762.602(1)(e),F.A.C.,monthly but not testing or visual exceeding 35 days. inspections completed monthly. Annual operability testing of release detection systems.All release detection devices shall be tested annually at intervals not exceeding 12 months to ensure proper operation.The test must either simulate an actual alarm condition Annual operability or shall be conducted according to testing of release 5113 62-762.602 62-762.602(7) manufacturer's specifications, and shall Minor Review 2090,2121 detection systems include,at a minimum,a determination not completed. of whether the device operates as designed. Remote testing of the system can be performed by the manufacturer if the remote test is included in the third- party certification by a Nationally Recognized Testing Laboratory. Not repaired component which 5114 62-762.701 62-762.701(1) Repairs. Minor Inspection 2110,2131 has or could cause a discharge. Not repaired Repairs shall be performed if any Minor Inspection component which 2110,2131 5114 62-762.701(1)(a) component of a storage tank system has: has or could cause a discharge. Not repaired A release or discharge, or has component which 5114 62-762.701(1)(a)1. contributed to a release or discharge of a Minor Inspection has or could cause a 2110,2131 regulated substance,or discharge. Not repaired The presence of groundwater in the component which 5114 62-762.701)1))a(2. interstice of an underground double-Minor Inspection 2110,2131 has or could cause a walled pipe,or discharge. An operational or structural problem Not repaired that could potentially result in a release component which 5114 62-762.701)1((a)3. or discharge,or lead to the presence of Minor Inspection has or could cause a 2110,2131 water in the interstice of a storage tank discharge. or integral piping other than condensate. The storage tank system shall Not taken out of immediately cease operating, 5115 62-762.701 62.762.701)1)(b( SNC-B Inspection operation until repair 2111 dispensing,and accepting deliveries,if: is made. Not taken out of Repairs are required for any component SNC-B Inspection operation until repair 2111 5115 62.762.701(1)(b)1. of a storage tank system;and, p p is made. The nature of the repair activities or the condition of the component cannot be otherwise isolated from the storage tank system. The restrictions against operating the storage tank system shall not apply if the storage tank system Not taken out of 5115 62.762.701(1)(b)2. contains fuels used solely for the SNC-B Inspection operation until repair 2111 generation of electricity by an electric is made. utility as defined in Chapter 366, F.S., where the removal of the storage tank system from use would result in the shutdown of electrical generating units serviced by the storage tank system. Repaired components not 5116 62-762.701 62-762.701(1)(c) Repairs shall be made: Minor Inspection tested or made by 2113,2114 authorized representative. 0 To restore the structural integrity of the Repaired storage tank system and in a manner components not that will prevent releases or discharges Minor Inspection tested or made by 2113,2114 5116 62-762.701(1)(c)1. from structural failure for the remaining p authorized operational life of the storage tank representative. system;and, Repaired In accordance with manufacturer's components not 5116 62-762.701(1((c)2. specifications and applicable reference Minor Inspection tested or made by 2113,2114 requirements. authorized representative. Repairs shall be evaluated and performed in accordance with Standard for Repair of Shop Fabricated Aboveground Tanks, STI SP031, 4th Edition, November 2008, hereby adopted and incorporated by reference, and available from the address listed in Repairs not 5117 62-762.701 62-762.701(1)(d) subsection 62-762.211(1),F.A.C.,or from Minor Inspection completed per 2112 the publisher at STI,944 Donata Court, applicable standards. Lake Zurich, IL 60047, (847)438-8265,or at https://www.steeltank.com/,or other equivalent procedures,regardless of the date of installation of the storage tank system or storage tank system component. Repaired Repaired tanks, integral piping, sumps, components not 5118 62-762.701 62-762.701(1)(e) and spill containment systems shall be Minor Inspection integrity tested 2128,2139 integrity tested for liquid tightness before being placed before being placed back into operation. back into operation. Piping that is damaged or that has caused a discharge of a regulated substance shall be replaced or repaired. Repairs of pipe sections, sump penetration fittings, and pipe fittings Piping that is shall be made in accordance with damaged or has 5119 62-762.701 62-762.701(1)(f) applicable requirements in subsections Minor Inspection 2115 caused a discharge is 62-762.501(3) and (4), F.A.C. not replaced. Replacement of additional lengths of single-walled piping in contact with the soil are exempt from the requirements for secondary containment, provided that: The piping system does not have,or will Piping that is not have to install, secondary damaged or has 5119 62-762.701(1)(01. containment until the deadlines Minor Inspection 2115 caused a discharge is established in Rule 62-762.501, F.A.C.; not replaced. and, The length of replacement or additional Piping that is piping is less than 25 percent of the total damaged or has 5119 62-762.701(1)(f(2. length of the existing integral piping for Minor Inspection 2115 caused a discharge is the individual tank, or 100 feet, not replaced. whichever is more for each repair event. 0 Cathodic and corrosion protection Cathodic and corrosion protection. not operated and maintained to provide continuous 2116,2117,2118, 5120 62-762.701 62-762.701(2) Minor Inspection protection,including 2119 inspection schedule. Not take out of service when requirement not met. Cathodic and Cathodic and corrosion protection corrosion protection systems shall be operated and not operated and maintained to provide continuous maintained to corrosion protection to the metal provide continuous 2116,2117,2118, 5120 62-762.701(2)(a) components of those portions of the Minor Inspection protection,including 2119 storage tank and integral piping in inspection schedule. contact with the soil or within interstitial Not take out of spaces using vapor corrosion inhibitor service when technologies. requirement not met. Cathodic protection not inspected,tested and evaluated within six months of installation or repair, 5121 62-762.701 62-762.701)2))b) Inspection and testing requirements. Minor Review and at least yearly. Factory installed cathodic protection not tested,inspected or evaluated every 3 years. storage tank systems equippea wits] cathodic protection, regardless of the date of installation of the storage tank system or storage tank system component, must be inspected, tested, and evaluated by or under the direction of a Corrosion Professional within six months of installation or repair and at least every year,or every three years for Cathodic protection factory installed (galvanic) cathodic not inspected,tested protection systems, thereafter in and evaluated within accordance with the criteria contained in six months of SP0169-2013,2013 Edition,incorporated installation or repair, by reference in subparagraph 62- 5121 62-762.701(2)(b)1. Minor Review and at least yearly. 762.501(3)(c)2., F.A.C., and External Factory installed Corrosion Control of Underground cathodic protection Storage Tank Systems by Cathodic not tested,inspected Protection,NACE Standard 5P0285-2011, or evaluated every 3 2011 Edition, hereby adopted and years. incorporated by reference,and available in paragraph 62-762.211(2)(g), F.A.C., regardless of the date of installation of the storage tank system or storage tank system component. All cathodic protection systems shall either have permanent test stations for soil-to- structure potential measurements or use Storage tank systems equipped with impressed current systems shall be inspected at intervals not exceeding once every 60 days. All sources of impressed current shall be inspected. Evidence of proper functioning shall be Cathodic protection current output, normal power not inspected,tested consumption,a signal indicating normal and evaluated within operation,or satisfactory electrical state six months of of the protected structure. Impressed installation or repair, 5121 62-762.701(2)(b)2. current systems that are inoperative for Minor Review and at least yearly. a cumulative period exceeding 2,976 Factory installed hours in one year shall be assessed cathodic protection within 30 days by a Corrosion not tested,inspected Professional to ensure that the storage or evaluated every 3 tank system is structurally sound,free of years. corrosion holes, and operating in accordance with the design criteria or be taken out-of-service and assessed by a Corrosion Professional before being returned to service. Records of the continuous operation of impressed current systems and all Inpressed current cathodic protection inspection, testing, and cathodic 5122 62-762.701 62-762.701(2)(c) Minor Review records and repair activities shall be maintained protection in accordance with paragraph 62- not maintained. 762.711(3)(c),F.A.C. Storage tank systems with cathodic protection systems that have been Cathodic protection determined by a Corrosion Professional systems cannot that the cathodic protection systemachieve or maintain 5123 62-762.701 62-762.701(2)(d) Minor Inspection cannot achieve or maintain protection protection,not levels in accordance with the design repaired or closed in criteria shall: timeframes. Cathodic protection systems cannot Be repaired within 90 days in accordance achieve or maintain 5123 62-762.701(2)(d)1. with paragraph 62-762.701(1)(c) or 62-Minor Inspection protection,not 762.702(1)(c),F.A.C.,or repaired or closed in timeframes. Cathodic protection systems cannot Be closed in accordance with subsection Minor Inspection achieve or maintain 5123 62-762.701(2)(d)2. 62-762.801(2)or 62-762.802(3),F.A.C. protection,not repaired or closed in timeframes. Vapor corrosion inhibitor not operated and maintained to provide continuous 5124 62-762.701 62-762.701(3) Vapor Corrosion Inhibitor Systems. Minor Review protection,including inspection schedule. Not take out of service when requirement not met. 0 Vapor corrosion inhibitor not Vapor Corrosion Inhibitor systems, if operated and installed, shall be operated and maintained to maintained to provide continuous provide continuous 5124 62-762.701(3)(a) corrosion protection to the metal Minor Review protection,including surfaces within the interstitial spaces of inspection schedule. storage tanks,piping and other enclosed Not take out of spaces for storage tank systems. service when requirement not met. Vapor corrosion inhibitor not operated and maintained to provide continuous 5124 62-762.701(3)(b) Inspection and testing requirements. Minor Review protection,including inspection schedule. Not take out of service when requirement not met. Vapor corrosion inhibitor not Storage tank systems equipped with VCI operated and protection must be inspected, tested, maintained to 5124 62-762.701(3)(b)1. and evaluated by or under the direction provide continuous Minor Review of a Corrosion Professional within six protection,including months of installation or repair and at inspection schedule. least every year thereafter. Not take out of service when requirement not met. Vapor corrosion inhibitor not operated and maintained to Systems using vapor corrosion inhibitor provide continuous 5124 62-762.701(3)(b)2. technology must be tested in accordance Minor Review with manufacturer's instructions. protection,including inspection schedule. Not take out of service when requirement not met. Vapor corrosion inhibitor not Records of the continuous operation of operated and maintained to VCI systems and all inspection, testing, provide continuous 5124 62-762.701(3)(c) and repair activities shall be maintained Minor Review in accordance with paragraph 62- protection,including 762.711(3)(c),F.A.C. inspection schedule. Not take out of service when requirement not met. Vapor corrosion inhibitor not operated and Storage tank systems with VCI protection maintained to systems that have been determined by a provide continuous 5124 62-762.701(3)(d) Minor Review Corrosion Professional that the VCI protection,including system requires replenishing shall: inspection schedule. Not take out of service when requirement not met. Vapor corrosion inhibitor not operated and maintained to Be replenished or replaced within 90 provide continuous 5124 62-762.701(3)(d)1. days and be retested within 90 days Minor Review protection,including from the date of replenishment,or inspection schedule. Not take out of service when requirement not met. Vapor corrosion inhibitor not operated and maintained to Be closed in accordance with subsection Minor Review provide continuous 5124 62-762.701(3)(d)2. 62-762.801(2),F.A.C. protection,including inspection schedule. Not take out of service when requirement not met. Integrity testing of secondary containment systems 5125 62-762.701 62-762.701(4) Operation and maintenance. Minor Review and interstitial spaces not performed per schedule. Integrity testing of secondary containment systems 5125 62-762.701(4)(a) Integrity testing. Minor Review and interstitial spaces not performed per schedule. 0 The integrity of secondary containment systems and interstitial spaces, regardless of the date of installation of the storage tank system or storage tank system component, shall be verified by performing an interstitial or containment integrity test in accordance with Integrity testing of manufacturer's specifications or secondary PEI/RP1200-12, 2012 Edition, containment systems 5125 62-762.701(4)(a)1. incorporated by reference in Minor Review and interstitial spaces subparagraph 62-762.501(1)(b)8., F.A.C. not performed per Secondary containment systems that use schedule. vacuum, pressure, or liquid level (hydrostatic) monitoring for release detection are exempt from this requirement. The interstitial or containment integrity tests shall be performed in accordance with the following schedule: Integrity testing of Double-walled storage tanks and below- secondary grade double-walled piping shall be containment systems 5125 62-762.701(4)(a)l.a. Minor Review tested at the time of installation and at and interstitial spaces the time of any subsequent repair; not performed per schedule. Integrity testing of secondary Below-grade piping sumps shall be containment systems 5125 62-762.701(4)(a)1.b. tested by October 13, 2018, and every Minor Review and interstitial spaces three years thereafter; not performed per schedule. Integrity testing of secondary Below-grade dispenser sumps shall be containment systems 5125 62-762.701(4)(a)1.c. tested by October 13, 2018, and every Minor Review and interstitial spaces three years thereafter; not performed per schedule. Integrity testing of Below-grade spill containment systems secondary shall be tested within one year of containment systems 5125 62-762.701(4)(a)1.d. January 11, 2017, and at intervals not Minor Review and interstitial spaces exceeding every three years thereafter; not performed per and, schedule. Integrity testing of secondary Below-grade hydrant sumps shall be containment systems 5125 62-762.701(4)(a)1.e. tested within one year of January 11, Minor Review and interstitial spaces 2017,and every three years thereafter. not performed per schedule. Integrity testing of Any integrity test that indicates that the secondary component is not tight shall be reportedcontainment systems 5125 62-762.701(4))a)2. Minor Review and investigated as an incident pursuant and interstitial spaces to Rule 62-762.431,F.A.C. not performed per schedule. Spill containment, dispenser liners and piping sumps not 5126 62-762.701 62-762.701(4)(b) Water removal. Minor Review 2120 accessible;water and regulated substances not removed. c„, Spill containment systems, interstitial spaces, dispenser sumps, and piping sumps shall be maintained to provide access for examination and water Spill containment, removal.Water in excess of one inch in dispenser liners and 5126 62-762.701(4)(b)1. depth, or any regulated substances Minor Review piping sumps not 2120 collected in secondary containment,spill accessible;water and containment systems, or in piping regulated substances sumps, and dispenser sumps shall be not removed. removed within 72 hours of discovery, and be either reused or properly disposed. Spill containment, Petroleum Contact Water. Petroleum dispenser liners and 5126 62-762.701(4)(b)2. contact water from storage tank systems Minor Review piping sumps not 2120 shall be managed in accordance with accessible;water and Chapter 62-740,F.A.C. regulated substances not removed. Exterior Coatings shall be maintained to Exterior Coatings not 5127 62-762.701 62-762.701(4)(c) Minor Inspection maintained to prevent corrosion. prevent corrosion. Stormwater management for secondary Stormwater not 5128 62-762.701 62-762.701(5) containment systems. Minor Review drawn off within one 2124,2125,2126 week. The removal of stormwater from a facility should be performed in accordance with all applicable Stormwater not 5128 62-762.701(5)(a) Department rules.Owners and operators Minor Review drawn off within one 2124,2125,2126 are advised that other federal,state,or week. local requirements may apply to these activities. Stormwater not 5128 62-762.701(5)(b) Accumulated stormwater shall: Minor Review drawn off within one 2124,2125,2126 week. Be drawn off within one week after a rainfall event unless another frequency is allowed by the facility's stormwater Stormwater not 5128 62-762.701(5)(b(1. discharge permit or by another Minor Review drawn off within one 2124,2125,2126 instrument, such as a Spill Prevention week. Control Countermeasure Plan or a Department permit;and Not be discharged without treatment if it Stormwater not 5128 62-762.701(5)(b(2. has free product,a visible sheen,sludge,Minor Review drawn off within one 2124,2125,2126 or emulsion of regulated substances. week. If gravity drain pipes are used to remove water from the dike field areas,all valves Stormwater not 5128 62-762.701(5)(c) shall be kept closed except when the Minor Review drawn off within one 2124,2125,2126 operator is in the process of draining week. water. The removal of stormwater from a dike field area or secondary containment system can be continuously removed Stormwater not 5128 62-762.701(5)(d) through equipment registered in Minor Review drawn off within one 2124,2125,2126 accordance with subsection 62- week. 762.851(2), F.A.C., which is designed to allow filtration of water and prevent discharges of contaminated water. Storage tank system 5129 62-762.702 62-762.702(1) Repairs. Minor Inspection 2110,2131 not repaired. Repairs shall be performed if any Storage tank system 5129 62-762.702(1)(a) Minor Inspection 2110,2131 component of a storage tank system has: not repaired. r . A release or discharge or has contributed Storage tank system 5129 62-762.702(1)(a)1. to a release or discharge of a regulated Minor Inspection 2110,2131 not repaired. substance,or The presence of groundwater in the Storage tank system 5129 62-762.702(1)(a)2. interstice of an underground double-Minor Inspection 2110,2131 not repaired. walled pipe,or An operational or structural problem that could potentially result in a release Storage tank system 5129 62-762.702(1)(a)3. or discharge,or lead to the presence of Minor Inspection 2110,2131 not repaired. water in the interstice of a storage tank or integral piping other than condensate. The storage tank system shall Damaged system not 5130 62-762.702 62-762.702(1)(b) immediately cease operating and SNC-B Inspection taken out of service. 2111 accepting deliveries,if: Repairs are required for any component Damaged system not 2111 5130 62-762.702(1)(b)1. SNC-B Inspection taken out of service. of a storage tank system;and, The nature of the repair activities or the condition of the component cannot be otherwise isolated from the storage tank system. The restrictions against operating the storage tank system shall not apply if the storage tank system Damaged system not 5130 62-762.702(1)(b)2. contains fuels used solely for the SNC-B Inspection 2111 taken out of service. generation of electricity by an electric utility as defined in Chapter 366, F.S., where the removal of the storage tank system from use would result in the shutdown of electrical generating units serviced by the storage tank system. System not repaired in accordance with manufacturer's 2112,2114 S131 62-762.702 62-762.702(1)(c) Repairs shall be made: Minor Inspection instructions or applicable requirements. To restore the structural integrity of the System not repaired storage tank system and in a manner in accordance with that will prevent releases or discharges manufacturer's 2112,2114 5131 62-762.702(1)(c)1. Minor Inspection Instructions or from structural failure or corrosion for the remaining operational life of the applicable storage tank system;and, requirements. System not repaired in accordance with In accordance with manufacturer's manufacturer's 5131 62-762.702(1)(c)2. specifications and applicable reference Minor Inspection instructions or 2112,2114 requirements. applicable requirements. Repaired Repaired components shall be integrity components not 5132 62-762.702 62-762.702(1)(d) tested for liquid tightness before being Minor Inspection integrity tested 2113,2129,2139 placed back into operation. before being placed back into operation. 0 Piping that is damaged or that has caused a discharge of a regulated substance shall be replaced or repaired. Repairs of pipe sections, sump penetration fittings and pipe fittings Piping that is shall be made in accordance with damaged or has 5133 62-762.702 62-762.702(1)(e) applicable requirements in subsections Minor Inspection 2115 caused a discharge is 62-762.502(3) and (4), F.A.C. not replaced. Replacement of additional lengths of single-walled piping in contact with the soil are exempt from the requirements for secondary containment, provided that: The piping system does not have,or will Piping that is not have to install secondary damaged or has 5133 62-762.702(1)(e)1, containment until the deadlines Minor Inspection 2115 caused a discharge is established in Rule 62-762.502, F.A.C.; not replaced. and, The length of replacement or additional Piping that is piping is less than 25 percent of the total damaged or has 5133 62-762.702(1)(e)2. length of the existing integral piping for Minor Inspection 2115 caused a discharge is the individual tank, or 100 feet, not replaced. whichever is more for each repair event. Cathodic and corrosion protection Cathodic and corrosion protection. not operated and maintained to provide continuous 2116,2117,2118, 5134 62-762.702 62-762.702(2) Minor Inspection protection,including 2119 inspection schedule. Not take out of service when requirement not met. Cathodic and Cathodic and corrosion protection corrosion protection systems shall be operated and not operated and maintained to provide continuous maintained to corrosion protection to the metal provide continuous 2116,2117,2118, 5134 62-762.702(2)(a) components of those portions of the Minor Inspection protection,including 2119 storage tank and integral piping in inspection schedule. contact with the soil or within interstitial Not take out of spaces using vapor corrosion inhibitor service when technologies. requirement not met. Cathodic protection not inspected,tested and evaluated within six months of installation or repair, 5135 62-762.702 62-762.702(2)(b) Inspection and testing requirements. Minor Review and at least yearly. Factory installed cathodic protection not tested,inspected or evaluated every 3 years. Storage tank systems equipped with cathodic protection, regardless of the date of installation of the storage tank system or storage tank system component, must be inspected, tested, and evaluated by or under the direction of a Corrosion Professional within six Cathodic protection months of installation or repair and at not inspected,tested least every year,or every three years for and evaluated within factory installed (galvanic) cathodic six months of protection systems, thereafter in installation or repair, 5135 62-762.702(2)(b)1. accordance with the criteria contained in Minor Review and at least yearly. SP0169-2013,2013 Edition,incorporated Factory installed by reference in subparagraph 62- cathodic protection 762.501(3)(c)2.,F.A.C.,and SP0285-2011, not tested,inspected 2011 Edition,incorporated by reference or evaluated every 3 in subparagraph 62-762.701(2)(b(1., years. F.A.C. All cathodic protection systems shall either have permanent test stations for soil-to-structure potential measurements or use temporary field test stations for required testing in accordance with this subparagraph. Storage tank systems equipped with impressed current systems shall be inspected at intervals not exceeding 60 days. All sources of impressed current shall be inspected. Evidence of proper functioning shall be current output, Cathodic protection normal power consumption, a signal not inspected,tested indicating normal operation, or and evaluated within satisfactory electrical state of the six months of protected structure. Impressed current installation or repair, 5135 62-762.702)2((b)2. systems that are inoperative for a Minor Review and at least yearly. cumulative period exceeding 2,976 hours Factory installed in one year shall be assessed within 30 cathodic protection days by a Corrosion Professional to not tested,inspected ensure that the storage tank system is or evaluated every 3 structurally sound, free of corrosion years. holes,and operating in accordance with the design criteria or taken out-of- service and assessed by a Corrosion Professional before being returned to service. Records of the continuous operation of impressed current systems and all Inpressed current cathodic protection inspection, testing, and cathodic 5136 62-762.702 62-762.702(2)(c) Minor Review records and repair activities shall be maintained protection in accordance with paragraph 62- not maintained. 762.711(3)(c),F.A.C. Storage tank systems with cathodic Cathodic protection protection systems that have been systems cannot determined by a Corrosion Professional achieve or maintain 5137 62-762.702 62-762.702(2)(d) that the cathodic protection system Minor Inspection protection,not cannot achieve or maintain protection repaired or closed in levels in accordance with the design timeframes. criteria shall: Cathodic protection systems cannot Be repaired within 90 days in accordance achieve or maintain 5137 62-762.702(2)(4)1. with paragraph 62-762.702(1)(c), F.A.C.,Minor Inspection protection,not or repaired or closed in timeframes. 0 Cathodic protection systems cannot Be closed in accordance with subsection achieve or maintain 5137 62-762.702(2)(4)2. Minor Inspection 62-762.802(3),F.A.C. protection,not repaired or closed in timeframes. Vapor corrosion inhibitor not operated and maintained to provide continuous 5138 62-762.702 62-762.702(3) Vapor Corrosion Inhibitors Systems. Minor Review protection,including inspection schedule. Not take out of service when requirement not met. Vapor corrosion inhibitor not Vapor Corrosion Inhibitor systems, if installed, shall be operated and operated and maintained to maintained to provide continuous provide continuous 5138 62-762.702(3)(a) corrosion protection to the metal Minor Review protection,including surfaces within the interstitial spaces of inspection schedule. storage tanks,piping and other enclosed Not take out of spaces for storage tank systems. service when requirement not met. Vapor corrosion inhibitor not operated and maintained to provide continuous 5138 62-762.702(3)(b( Inspection and testing requirements. Minor Review protection,including inspection schedule. Not take out of service when requirement not met. Vapor corrosion inhibitor not Storage tank systems equipped with VCI operated and protection must be inspected, tested, maintained to and evaluated by or under the direction provide continuous 5138 62-762.702(3)(b)1. Minor Review of a Corrosion Professional within six protection,including months of installation or repair and at inspection schedule. least every year thereafter. Not take out of service when requirement not met. Vapor corrosion inhibitor not operated and maintained to Systems using vapor corrosion inhibitor provide continuous 5138 62-762.702(3)(b)2. technology must be tested in accordance Minor Review protection,including with manufacturer's instructions. inspection schedule. Not take out of service when requirement not met. Vapor corrosion inhibitor not operated and Records of the continuous operation of maintained to VCI systems and all inspection, testing, provide continuous 5138 62-762.702(3)(c) and repair activities shall be maintained Minor Review protection,including in accordance with paragraph 62- nspection schedule. 762.711(3)(c),F.A.C. Not take out of service when requirement not met. Vapor corrosion inhibitor not operated and Storage tank systems with VCI protection maintained to 5138 62-762.702(3)(d) systems that have been determined by a provide continuous Minor Review Corrosion Professional that the VCI protection,including system requires replenishing shall: inspection schedule. Not take out of service when requirement not met. Vapor corrosion inhibitor not operated and Be replenished or replaced within 90 maintained to 5138 62-762.702(3)(d)1. days of the determination, and be Minor Review provide continuous retested within 90 days from the date of protection,including replenishment,or inspection schedule. Not take out of service when requirement not met. Vapor corrosion inhibitor not operated and maintained to 5138 62-762.702(3)(d)2. Be closed in accordance with subsection provide continuous Minor Review 62-762.802(3),F.A.C. protection,including inspection schedule. Not take out of service when requirement not met. Integrity testing of secondary Operation and maintenance. containment systems 5139 62-762.702 62-762.702(4) Minor Review 2127 and interstitial spaces not performed per schedule. Integrity testing of secondary containment systems 5139 62-762.702(4)(a) Integrity testing Minor Review 2127 and interstitial spaces not performed per schedule. The integrity of secondary containment systems and interstitial spaces shall be verified by performing an interstitial or containment integrity test in accordance with API Std 653, November 2014, incorporated by reference in subsection 62-762.411(3),F.A.C.;API 570,November 2009, incorporated by reference in subsection 62-762.411(3), F.A.C.; or Integrity testing of PEI/RP1200-12, 2012 Edition, secondary incorporated by reference in containment systems 5139 62-762.702(4)(a)1. Minor Review 2127 subparagraph 62-762.501(1)(b)8., F.A.C., and interstitial spaces as applicable, regardless of the date of not performed per installation of the storage tank system. schedule. Secondary containment systems that use vacuum, pressure, or liquid level (hydrostatic) monitoring for release detection are exempt from this requirement. The interstitial or containment integrity tests shall be performed in accordance with the following schedule: Integrity testing of Double-walled storage tanks and below- secondary grade double-walled piping shall be containment systems 5139 62-762.702(4)(a)1.a. 2127 tested at the time of installation and at Minor Review and interstitial spaces the time of any subsequent repair; not performed per schedule. Integrity testing of Below-grade piping sumps shall be secondary containment systems 5139 62-762.702(4)(a)1.b. tested by October 13, 2018, and every Minor Review 2127 threeand interstitial spaces years thereafter; not performed per schedule. Integrity testing of Below-grade spill containment systems secondary shall be tested within one year of containment systems 5139 62.762.702(4)(a)1.c. January 11, 2017, and at intervals not Minor Review 2127 and interstitial spaces exceeding every three years thereafter; not performed per and, schedule. Integrity testing of secondary Below-grade hydrant sumps shall be 5139 62-762.702(4)(a)1.d. tested within one year of January 11,Minor Review containment systems 2127 2017,and every three years thereafter. and interstitial spaces not performed per schedule. Integrity testing of Any integrity test that indicates that the secondary component is not tight shall be reported containment systems 5139 62-762.702)4))a)2. Minor Review 2127 and investigated as an incident pursuant and interstitial spaces to Rule 62-762.431,F.A.C. not performed per schedule. Spill containment, dispenser liners and piping sumps not 5140 62-762.702 62-762.702(4)(b) Water removal. Minor Review 2120 accessible;water and regulated substances not removed. 09 Interstitial spaces and sumps shall be maintained to provide access for examination and water removal. Water Spill containment, in excess of one inch in depth, or any dispenser liners and 5140 62-762.702(4)(b)1. regulated substances collected in Minor Review piping sumps not 2120 secondary containment or in sumps shall accessible;water and regulated substances be removed within 72 hours of discovery not removed. and be either reused or properly disposed. Spill containment, Petroleum Contact Water. Petroleum dispenser liners and 5140 62-762.702(4)(b)2. contact water from storage tank systems Minor Review piping sumps not 2120 shall be managed in accordance with accessible;water and Chapter 62-740,F.A.C. regulated substances not removed. Exterior Coatings not Exterior Coatings shall be maintained to 5141 62-762.702 62-762.702(4)(c) Minor Inspection maintained to prevent corrosion. prevent corrosion.' Stormwater not Stormwater management for secondary 5142 62-762.702 62-762.702(5) Minor Review drawn off within one 2124,2125,2126 containment systems. week. The removal of stormwater from a facility should be performed in accordance with all applicable Stormwater not 62-762.702(5)(a) Department rules.Owners and operators Minor Review drawn off within one 2124,2125,2126 are advised that other federal,state,or week. local requirements apply to these activities. Stormwater not 62-762.702(5)(b) Accumulated stormwater shall: Minor Review drawn off within one 2124,2125,2126 week. Be drawn off within one week after a rainfall event unless another frequency is allowed by the facility's Stormwater Stormwater not 62-762.702(5)(b)1. discharge permit or by another Minor Review drawn off within one 2124,2125,2126 instrument, such as a Spill Prevention week. Control Countermeasure Plan or a Department permit;and, Not be discharged without treatment if it Stormwater not 62-762.702)5)(b)2. has free product,a visible sheen,sludge,Minor Review drawn off within one 2124,2125,2126 or emulsion of regulated substances. week. (c) If gravity drain pipes are used to remove water from the dike field areas, Stormwater not 62-762.702(5)(c) all valves shall be kept closed except Minor Review drawn off within one 2124,2125,2126 when the operator is in the process of week. draining water. The removal of stormwater from a dike field area or secondary containment system can be continuously removed Stormwater not through equipment registered in 62-762.702(5)(d) accordance with subsection 62-Minor Review drawn off within one 2124,2125,2126 week. 762.851(2), F.A.C., that is designed to allow filtration of water and prevent discharges of contaminated water. All records, whether in paper or electronic format, shall be dated and available for inspection by the Department or county.If records are not kept at the facility,they shall be made Permanent records available at the facility or another 5143 62-762.711 62-762.711(1) Minor Review not available within 5 2132 agreed upon location upon five business days of receipt of the Department's or working days notice. county's request. Site access to the facility shall be provided for compliance Inspections conducted at reasonable times. 0 Records of the following generated on or after January 11, 2017, are required to be kept for three years. Records of the Records requiring 3 5144 62-762.711 62-762.711(2) following generated before January 11, Minor Review year documentation 2133 period not kept by 2017, are required to be kept for two facility. years: Records requiring 3 Repair, operation, and maintenance year documentation 5144 62-762.711(2)(a) 2133 records; Minor Review period not kept by facility. All release detection results,including a record or summary of the alarm history, Records requiring 3 sensor status, and testing results for year documentation 5144 62-762.711(2)(b) electronic systems, performed in Minor Review 2133 accordance with paragraphs 62- period not kept by facility. 762.601(1)(e) and 62-762.602(1)(e), F.A.C.; All test data and results gathered during Records requiring 3 year documentation 5144 62-762.711(2)(c) annual operability tests and integrity Minor Review 2133 period not kept by tests;and, facility. Records requiring 3 Records of the types of fuels stored per year documentation 5144 62-762.711(2)(d) Minor Review 2133 tank. period not kept by facility. Records of the following, shall be Records not kept 5145 62-762.711 62-762.711(3) maintained until storage tank system Minor Review until closure of 2134 closure: system. Manufacturer's instructions for Records not kept 5145 62-762.711(3)(a) operation,maintenance,and testing for Minor Review until closure of 2134 release detection equipment; system. Records of storage tank system Records not kept 5145 62-762.711(3)(b) installations, replacements,Minor Review until closure of 2134 recertifcations,and upgrades; system. Records of installation, maintenance, inspections,and testing of cathodic and Records not kept 5145 62-762.711(3)(c) corrosion protection systems in Minor Review until closure of 2134 accordance with NACE, a Corrosion system. Professional or STI standards; Survey drawings as specified in Records not kept 5145 62-762.711(3)(d) paragraphs 62-762.501(1)(i( and 62-Minor Review until closure of 2134 762.502(1)(i),F.A.C.; system. A copy of all INFs,and the results of all Records not kept 5145 62-762.711(3)(e) incident investigations as specified in Minor Review until closure of 2134 Rule 62-762.431,F.A.C.; system. Records not kept 5145 62-762.711(3)(f) A copy of all DRFs; Minor Review until closure of 2134 system. A copy of all documents required in Records not kept 5145 62-762.711(3)(g) Rules 62-762.801 and 62-762.802,F.A.C.,Minor Review until closure of 2134 if the location continues as a facility; system. Results of internal inspections and non- Records not kept 5145 62-762.711(3)(h) Minor Review until closure of 2134 destructive testing; system. Records documenting compliance with subparagraphs 62-762.501(1)(b)3.and 62 • 762.502(1)(b)3., F.A.C.,for storage tanks Records not kept 5145 62-762.711(3)(i) systems with secondary containment Minor Review until closure of 2134 constructed of concrete installed after system. January 11,2017;and, Records to demonstrate insurance as the method of financial responsibility for storage tank systems shall be maintained in permanent form if no contamination has been reported or if no Site Rehabilitation Completion Order(SRCO) Records not kept 5145 62-762.711(3)(j) has been issued pursuant to Chapter 62-Minor Review until closure of 2134 780, F.A.C. Records demonstrating system. financial responsibility for storage tank systems through other permitted methods shall be maintained for the duration of the effective period of that financial responsibility method. Requirements not met for out of service systems including liquids and sludge 5146 62-762.801 62-762.801(1) Out-of-service storage tank systems. Minor Inspection 2136,2143,2144 not removed,integral piping not properly closed,and manways not secured. Requirements not met for out of service Storage tank systems that are taken out- systems including of-service,as required in this subsection Minor nspection liquids and sludge 2136,2143,2144 5146 62-762.801(1)(a) shall continue to be maintained in not removed,integral accordance with this rule. piping not properly closed,and manways not secured. Requirements not met for out of service systems including Facility owners and operators of out-of-Minor Inspection liquids and sludge 2136,2143,2144 5146 62-762.801(1)(b) service storage tank systems shall: not removed,integral piping not properly closed,and manways not secured. Requirements not met for out of service systems including Continue to operate and maintain liquids and sludge 5146 62-762.801)1))b)1. corrosion protection in accordance with Minor Inspection not removed,integral 2136,2143,2144 subsection 62-762.701(2),F.A.C.; piping not properly closed,and manways not secured. Requirements not met for out of service systems including Continue to maintain and demonstrate liquids and sludge 5146 62-762.801(1)(b)2. financial responsibility pursuant to Rule Minor Inspection 2136,2143,2144 not removed,integral 62-762.421,F.A.C.; piping not properly closed,and manways not secured. 0 Requirements not met for out of service systems including liquids and sludge 5146 62-762.801(1)(b)3. Leave vent lines open and functioning; Minor Inspection 2136,2143,2144 not removed,integral piping not properly closed,and manways not secured. Requirements not met for out of service Remove all regulated substances so that systems including no more than one inch in depth or 0.3 liquids and sludge 5146 62-762.801(1)(b)4. percent by weight of the regulated Minor Inspection 2136,2143,2144 not removed,integral substances remains in the storage tank; and, piping not properly closed,and manways not secured. Requirements not met for out of service systems including Secure or close off the system to outside liquids and sludge 5146 62-762.801(1)(b)S. access. Minor Inspection not removed,integral 2136,2143,2144 piping not properly closed,and manways not secured. Release detection device annual operability testing, containment and integrity testing, and annual overfill protection device testing are not required while the system is properly out. of-service. All aforementioned testing shall be up-to-date in accordance with this Chapter and Indicate proper operation before adding regulated No tightness/breach 5147 62-762.801 62-762.801(1)(c) substances to the storage tank system.In Minor Review of Integrity test prior 2139,2141 to return to service. addition,storage tank systems that have been out-of-service for more than 365 days must be evaluated in accordance with the following prior to being returned to service: STI SP001,Revised 2011,incorporated by reference in subsection 62-762.411(3), No tightness/breach 5147 62-762.801(1)(c)1. F.A.C., regardless of the date of Minor Review of integrity test prior 2139,2141 installation of the storage tank system; to return to service. and, Integrity tested in accordance with Rule No tightness/breach 5147 62-762.801(1)(c)2. 62-762.701, F.A.C.,for integral piping in Minor Review of integrity test prior 2139,2141 contact with the soil. to return to service. Storage tank systems with secondary containment shall only be designated as out-of-service for a maximum of 10 System out of service 5148 62-762.801 62-762.801(1)(d) continuous years.Upon expiration of SNC-B Review greater than 10 this time period,the storage tank system years. must be closed in accordance with paragraph 62-762.801)2)(b),F.A.C. Storage tank systems without secondary containment shall not remain in a continuous out-of-service status for System not of service 5149 62-762.801 62-762.801(1)(e) more than five years.Upon expiration of SNC-B Review this time period,the storage tank system greater than 5 years. must be closed in accordance with paragraph 62-762.801(2)(b),F.A.C. Storage tank system not closed within 90 2075,2137,2138, 5150 62-762.801 62-762.801(2) Closure of storage tank systems. SNC-B Review days in accordance 2140,2146 with subsection. The following storage tank systems must Storage tank system not closed within 90 2075,2137,2138, 5150 62-762.801(2)(a) be closed within 90 days in accordance SNC-8 Review days in accordance 2140,2146 with the provisions of this subsection: with subsection. A storage tank system that is out-of- Storage tank system service, and has not had regulated not closed within 90 2075,2137,2138, 5150 62-762.801(2)(x)1. substances added to or withdrawn from SNC-B Review days in accordance 2140,2146 the system for more than: with subsection. Storage tank system 5150 62-762.801(2)(a)1.a. Five years for single-walled storage tank SNC-B Review not closed within 90 2075,2137,2138, systems,or days in accordance 2140,2146 with subsection. Storage tank system 10 years for storage tank systems with not closed within 90 2075,2137,2138, 5150 62-762.801(2)(a)l.b. secondary containment. SNC-B Review days in accordance 2140,2146 with subsection. Upon discovery, a storage tank system that fails to meet or,if required, is not Storage tank system not closed within 90 2075,2137,2138, 5150 62-762.801(2)(x)2. modified to meet the storage tank SNC-B Review days in accordance 2140,2146 system requirements of Rule 62-762.501, with subsection. F.A.C. A storage tank system that requires repair pursuant to Rule 62-762.701, F.A.C.,but cannot be repaired to operate Storage tank system in accordance with the requirements of not closed within 90 2075,2137,2138, 5150 62-762.801(2)(x)3. SNC-B Review this chapter shall be taken out-of- days in accordance 2140,2146 service. If it cannot be repaired within with subsection. 365 days after being taken out-of- service,it shall be permanently closed. A storage tank system where financial Storage tank system responsibility is not maintained and not closed within 90 2075,2137,2138, 5150 62-762.801)2)(a)4. demonstrated, pursuant to Rule 62-SNC-B Review days in accordance 2140,2146 762.421, F.A.C., within 90 days of with subsection. termination of the financial mechanism. Closure of storage tank systems shall be Closure Integrity 5151 62-762.801 62-762.801(2)(b) Minor Review Evaluation not 2143,2147,2148 performed by: completed. Conducting a Closure Integrity Evaluation for shop fabricated storage tank systems as defined in subsection 62 762.201(8), F.A.C., and completing the Closure Integrity Evaluation Report Form Closure Integrity 5151 62-762.801(2))b)1. for ASTs 62-762.901(7)(Closure Integrity Minor Review Evaluation not 2143,2147,2148 Report), incorporated by reference in completed. paragraph 62-762.411(2)(c), F.A.C. The form shall be submitted in paper or electronic format to the appropriate county; Removing all liquids and accumulated sludges.The removal and disposal of all Closure Integrity 5151 62-762.801(2)(b)1. liquids and accumulated sludges may be Minor Review Evaluation not 2143,2147,2148 required according to other federal, completed. state,and local requirements. Removing or disconnecting and capping Closure Integrity 5151 62-762.801(2)(b)1. Minor Review Evaluation not 2143,2147,2148 all integral piping; completed. Removing and disposing of a storage tank,or in-place closure by rendering the storage tank free of regulated substances and vapors at the time of closure to prevent hazardous explosive conditions, by maintaining the storage tank to prevent future explosive conditions,and by protecting the storage Closure Integrity tank from flotation in accordance with 5151 62-762.801(2)(b)1. Chapter 22 of NFPA 30, 2015 Edition,Minor Review Evaluation not 2143,2147,2148 completed. incorporated by reference in paragraph 62-762.201(36)(a), F.A.C. In lieu of in- place closure or removal,a storage tank may be used to store liquids other than regulated substances. Owners and operators are advised that other federal, state, or local requirements apply that regulate these activities; For single-walled storage tanks and single-walled integral piping in contact with the soil, regardless of the date of installation of the storage tank system or storage tank system component, an investigation shall be conducted during closure in accordance with Instructions for Conducting Sampling During Aboveground Storage Tank Closure,April Closure Integrity 5151 62-762.801(2)(b)1. 2016 Edition, or Minor Review Evaluation not 2143,2147,2148 completed. http://www.flrules.org/Gateway/referen ce.asp?No=Ref-07699, or the Department's website at http://www.dep.state.fLus/waste/categ ories/tanks/pages/rules.htm, hereby adopted and incorporated by reference, and available at the address given in paragraph 62-762.211(2)(e),F.A.C.;and, Properly closing monitoring wells Closure Integrity associated with closed systems that are 5151 62-762.801(2)(b)1. not being used for site assessment Minor Review Evaluation not 2143,2147,2148 completed. purposes. For single-walled storage tanks and single-walled integral piping that are not Closure Integrity 5151 62-762.801(2)(b)1. Minor Review Evaluation not 2143,2147,2148 in contact with the soil, a visual completed. inspection must be performed. Closure Integrity Report,Closure Report, Closure integrity 5152 62-762.801 62-762.801(3) and Limited Closure Report. Minor Review Report not 2149,2151 submitted. Closure integrity 5152 62-762.801(3)(a) Closure Integrity Report. Minor Review Report not 2149,2151 submitted. A Closure Integrity Evaluation for shop fabricated storage tank systems as defined in subsection 62-762.201(8), F.A.C.,must be performed no more than 45 days prior to closure or replacement for all double-walled storage tanks, Closure integrity 5152 62-762.801(3)(a)1. double-walled integral piping, piping Minor Review Report not 2149,2151 sumps, dispenser sumps, and spill submitted. containment systems that are in contact with the soil.A Closure Integrity Report must be completed to document the findings of the Closure Integrity Evaluation. A Closure Integrity Evaluation requires a visual assessment of the interstitial space of double-walled storage tanks,double- walled integral piping, double-walled piping sumps, double-walled dispenser sumps, and double-walled spill containment systems that are in contact Closure integrity 5152 62-762.801(3)(a)2. with the soil to determine if there are Minor Review Report not 2149,2151 any products or pollutants or any water submitted. other than condensate present within the interstice.Other methods approved by the manufacturer or the Department such as vacuum,pressure,or inert gases may be used instead of visual observations. A Closure Integrity Evaluation for single- walled piping sumps, single-walled dispenser sumps,and single-walled spill Closure integrity 5152 62-762.801(3)(a)3. containment systems that are Minor Review Report not 2149,2151 completely below-grade requires a submitted. hydrostatic test or another test approved by the manufacturer. Storage tank systems and system components not in contact with the soil Closure integrity 5152 62-762.801(3)(a)4. Minor Review Report not 2149,2151 do not require a Closure Integrity submitted. Evaluation. The county must be provided with a Closure integrity 5152 62-762.801(3)(a)5. copy of the Closure Integrity Report as Minor Review Report not 2149,2151 part of the notification process pursuant submitted. to paragraph 62-762.411(2)(c),F.A.C. A failed Closure Integrity Evaluation requires the reporting of the failed evaluation as an incident in accordance with paragraph 62-762.431(1)(f), F.A.C., and the investigation of the incident in accordance with Rule 62-762.431,F.A.C. If sampling is necessary to determine Closure integrity 5152 62-762.801(3)(a)6. whether a discharge has occurred,then Minor Review Report not 2149,2151 an investigation shall be conducted submitted. during closure in accordance with Instructions for Conducting Sampling During Aboveground Storage Tank Closure, regardless of the date of installation of the storage tank system or system component being closed. The owner or operator who does not conduct a Closure Integrity Evaluation, as required in subparagraph 62- 762.801(3)(a)1., F.A.C., before the storage tank system or system component has been removed or closed Closure integrity 5152 62-762.801(3)(a)7. in-place, regardless of the date of Minor Review Report not 2149,2151 installation of the storage tank system or submitted. system component, shall conduct an investigation at the time of closure in accordance with Instructions for Conducting Sampling During Aboveground Storage Tank Closure. Closure Report. In cases where an investigation is conducted at the time of closure in accordance with Instructions for Conducting Sampling During Aboveground Storage Tank Closure, a Closure Report shall be submitted in Closure Report not 5153 62-762.801 62-762.801(3)(b) writing or electronic format to the SNC-B Review 2149,2150,2151 submitted. county within 60 days of completion of the closure or replacement.The Closure Report shall be prepared in accordance with Instructions for Conducting Sampling During Aboveground Storage Tank Closure Limited Closure Report. Form 62- 762.901(8),Limited Closure Report Form for ASTs, incorporated by reference in subsection 62-762.421(2),F.A.C.,shall be Limited Closure 5154 62-762.801 62-762.801(3)(c) submitted in writing or electronic format SNC-B Review Report not 2149,2151 to the county within 60 days of submitted. completion of the closure or replacement in the following instances: Limited Closure Where a Closure Integrity Evaluation 5154 62-762.801(3)(c)1. SNC-B Review Report not 2149,2151 passed; submitted. Where a failed Closure Integrity Limited Closure Evaluation was investigated prior to 5154 62-762.801(3)(c)2. SNC-B Review Report not 2149,2151 closure and it was demonstrated that a submitted. discharge did not occur,or Where a Closure Integrity Evaluation or Closure Report were not required Limited Closure 5154 62-762.801(3)(c)3. because the closure only involved a SNC-B Review Report not 2149,2151 storage tank system or system submitted. components that were not in contact with the soil. Temporary out-of-service. Field erected storage tank systems taken temporarily Requirements not out-of-service are those that are met for field-erected emptied solely for the purpose of Minor Review tanks placed 2135 5155 62-762.802 62-762.802(1) cleaning, routine maintenance, or temporarily out of change of product for a time period service. exceeding 90 days, but less than 365 days.These storage tank systems shall: Requirements not Continue to operate and maintain met for field-erected 62-762.802(1)(a) corrosion protection in accordance with Minor Review tanks placed 2135 subsection 62-762.702(2),F.A.C.; temporarily out of service. Perform release detection monthly in Requirements not accordance with applicable provisions of met for field-erected 62-762.802(1)(b( Rule 62-762.602, F.A.C., if the tank Minor Review tanks placed 2135 system has an external release detection temporarily out of method; service. 0 Requirements not met for field-erected Leave venting systems open and Minor Review tanks placed 2135 62-762.802(1)(c) functioning;and, temporarily out of service. • Requirements not Be returned to in-service status or be met for field-erected designated as out-of-service within 365 Minor Review tanks placed 2135 62-762.802(1)(d) days of being taken temporarily out-of- temporarily out of service. service. Maintenance Out-of-service storage tank systems. requirements not met for systems 2136,2137,2138, 5156 62-762.802 62-762.802(2) Minor Inspection taken out of service 2139,2141,2143 in accordance with subsection. Maintenance Storage tank systems that are taken out- requirements not of-service,as required in this subsection, met for systems 2136,2137,2138, 5156 62-762.802(2)(a) shall continue to be maintained in Minor Inspection taken out of service 2139,2141,2143 accordance with this chapter unless in accordance with otherwise noted herein. subsection. Maintenance requirements not Facility owners and operators of out-of-Minor Inspection met for systems 2136,2137,2138, 5156 62-762.802(2)(b) service storage tank systems shall: taken out of service 2139,2141,2143 in accordance with subsection. Maintenance requirements not Continue to operate and maintain met for systems 2136,2137,2138, 5156 62-762.802)2)(b)1. corrosion protection in accordance with Minor Inspection taken out of service 2139,2141,2143 subsection 62-762.702(2),F.A.C.; in accordance with subsection. Maintenance requirements not Continue to maintain and demonstrate met for systems 2136,2137,2138, 5156 62-762.802(2)(b)2. financial responsibility pursuant to Rule Minor Inspection taken out of service 2139,2141,2143 62-762.421,F.A.C.; in accordance with subsection. Maintenance requirements not met for systems 2136,2137,2138, 5156 62-762.802(2)(b)3. Leave vent lines open and functioning; Minor Inspection taken out of service 2139,2141,2143 in accordance with subsection. Maintenance Remove all regulated substances so that requirements not no more than one inch in depth or 0.3 met for systems 2136,2137,2138, 5156 62-762.802(2)(b)4. percent by weight of the regulated Minor Inspection taken out of service 2139,2141,2143 substances remains in the storage tank; in accordance with and, subsection. Maintenance requirements not Secure or close off the system to outside Minor Inspection met for systems 2136,2137,2138, 5156 62-762.802(2)(b)5. p access. taken out of service 2139,2141,2143 in accordance with subsection. w Facility owners and operators of out-of- service storage tank systems shall monitor tank bottom release detection systems or devices annually but not to exceed 12 months. Records of these inspections shall be maintained in Out of service accordance with subsection 62- storage tanks systems 5157 62-762.802 62-762.802(2)(c) 762.711(2),F.A.C.In the event that there Minor Review not monitored is any positive response of a tank bottom annually. release detection device,an INF must be submitted in writing or electronic format and an investigation as to the cause performed pursuant to Rule 62-762.431, F.A.C. Release detection device annual operability testing, containment and interstitial integrity testing, and annual overfill protection device testing are not required while the system is properly out of-service. All aforementioned testing 5158 62-762.802 62-762.802(2)(d) shall be up-to-date in accordance with Minor Review this chapter and indicate proper operation before adding regulated substances to the storage tank system.In addition, before being returned to service, storage tank systems that have been out-of-service for more than 365 days must be: Structurally evaluated in accordance with API Std 653, November 2014, for 5158 62-762.802(2)(d)1. field erected tanks, incorporated by Minor Review reference in subsection 62-762.411(3), F.A.C.;and, 5158 62-762.802(2((d)2. Integrity tested in accordance with Rule Minor Review 62-762.702,F.A.C.,for integral piping. Storage tank systems with secondary containment shall only be designated as out-of-service for a maximum of 10 5159 62-762.802 62-762.802(2)(e) continuous years. Upon expiration of SNC-B Review this time period,the storage tank system must be closed in accordance with paragraph 62-762.802(3)(b),F.A.C. Storage tank systems without secondary containment shall not remain in a continuous out-of-service status for 5160 62-762.802 62-762.802(2)(f) more than five years.Upon expiration of SNC-B Review this time period,the storage tank system must be closed in accordance with paragraph 62-762.802(3)(b),F.A.C. Field erected tanks changing the type of product stored within the tank shall comply with API Std 653, November Minor Review 5161 62-762.802 62-762.802(2)(8) 2014, incorporated by reference in subsection 62-762.411(3),F.A.C. Storage tank system not closed within 90 5162 62-762.802 62-762.802(3) Closure of storage tank systems. SNC-B Review 2075,2140,2146 days in accordance with subsection. • Storage tank system The following storage tank systems must not closed within 90 5162 62-762.802(3)(a) be closed within 90 days in accordance SNC-B Review 2075,2140,2146 days in accordance with the provisions of this subsection: with subsection. A storage tank system that is out-of- Storage tank system service, and has not had regulated not closed within 90 2075,2140,2146 5162 62-762.802(3)(a)1. SNC-B Review days in accordance substances added to or withdrawn from the system for more than: with subsection. Storage tank system Five years after January 11, 2017, for not closed within 90 2075,2140,2146 5162 62-762.802(3)(a)1.a. SNC-B Review single-walled storage tank systems,or days in accordance with subsection. Storage tank system 10 years after January 11, 2017, for not closed within 90 5162 62-762.802(3)(a)1.b. storage tank systems with secondary SNC-B Review 2075,2140,2146 days in accordance containment. with subsection. Upon discovery, a storage tank system Storage tank system that fails to meet or,if required, is not not closed within 90 5162 62-762.802(3)(a)2. modified to meet the Storage Tank SNC-B Review 2075,2140,2146 days in accordance System requirements of Rule 62-762.502, with subsection. F.A.C. A storage tank system that requires repair pursuant to Rule 62-762.702, F.A.C.,but cannot be repaired to operate Storage tank system in accordance with the requirements of not closed within 90 2075,2140,2146 5162 62-762.802(3)(a)3. this chapter shall be taken out-of-SNC-B Review days in accordance service. If it cannot be repaired within with subsection. 365 days after being taken out-of- service,it shall be permanently closed. A storage tank system where financial Storage tank system responsibility is not maintained and not closed within 90 5162 62-762.802(3)(a)4. demonstrated, pursuant to Rule 62-SNC-B Review 2075,2140,2146 days in accordance 762.421, F.A.C., within 90 days of with subsection. termination of the financial mechanism. Closure Integrity 2058,2143,2144, 5163 62-762.802 62-762.802(3)(b) Closure of storage tank systems shall be Minor Review Evaluation not performed by: 2147,2148 completed. Conducting a Closure Integrity Evaluation for field erected storage tank systems as defined in subsection 62- 762.201(9), F.A.C., and completing the Closure Integrity Evaluation Report Form 5163 62-762.802(3)(b)1. for ASTs 62-762.901(7)(Closure Integrity Report), incorporated by reference in paragraph 62.762.411(2)(c), F.A.C. The form shall be submitted in paper or electronic format to the appropriate county; Removing all liquids and accumulated sludges.The removal and disposal of all 5163 62-762.802(3)(b)2. liquids and accumulated sludges may be required according to other federal, state,or local requirements; Removing or disconnecting and capping 5163 62-762.802(3)(b)3. all integral piping; • Removing and disposing of a storage tank,or in-place closure by rendering the storage tank free of regulated substances and vapors at the time of closure to prevent hazardous explosive conditions, by maintaining the storage tank to prevent future explosive conditions,and by protecting the storage 5163 62-762.802(3)(b)4. tank from flotation in accordance with Chapter 22 of NFPA 30, 2015 Edition, incorporated by reference in paragraph 62-762.201(36)(a), F.A.C. In lieu of in- place closure or removal,a storage tank may be used to store liquids other than regulated substances. Owners and operators are advised that other federal, state, or local requirements apply that regulate these activities; For single-walled storage tanks, and single-walled integral piping in contact with the soil, regardless of the date of installation of the storage tank system or 5163 62.762.802(3)(b)5. storage tank system component, an investigation shall be conducted during closure in accordance with Instructions for Conducting Sampling During Aboveground Storage Tank Closure; Properly closing monitoring wells 5163 62-762.802(3)(b)6. associated with closed systems that are not being used for site assessment purposes;and, For single-walled storage tanks and single-walled integral piping that are not in contact with the soil, a visual 5163 62-762.802(3)(b)7. inspection must be performed to determine if any discharges have occurred. Closure integrity 5164 62-762.802 62-762.802(4) Closure Integrity Report,Closure Report, Minor Review Report not 2058,2149,2151 and Limited Closure Report. submitted. Closure integrity 5164 62-762.802(4)(a) Closure Integrity Report. Minor Review Report not 2058,2149,2151 submitted. A Closure Integrity Evaluation for field erected storage tank systems as defined in subsection 62-762.201(9),F.A.C.,must be performed no more than 45 days prior to closure or replacement for all double-walled and double-bottomed Closure integrity storage tanks, double-walled integral 5164 62-762.802(4)(a)1. Minor Review Report not 2058,2149,2151 piping, and hydrant sumps in contact submitted. with soil.Spill containment systems that are completely below-grade also require a Closure Integrity Evaluation.A Closure Integrity Report must be completed to document the findings of the Closure Integrity Evaluation. 0 A Closure Integrity Evaluation requires a visual assessment of the interstitial space of double-walled and double-bottomed storage tanks, double-walled integral piping, and double-walled hydrant sumps that are in contact with the soil to Closure integrity 5164 62-762.802(4)(a)2. determine if there are any products or Minor Review Report not 2058,2149,2151 pollutants or any water other than submitted. condensate present within the interstice. Other methods approved by the manufacturer or the Department such as vacuum,pressure,or inert gases may be used instead of visual observations. A Closure Integrity Evaluation for single- walled hydrant sumps that are in contact with the soil, and single-walled spill Closure integrity 5164 62-762.802(4)(a)3. containment systems that are Minor Review Report not 2058,2149,2151 completely below-grade require a submitted. hydrostatic test or another test approved by the manufacturer. Storage tank system and system Closure integrity 5164 62-762.802(4)(a)4. components not in contact with soil do Minor Review Report not 2058,2149,2151 not require a Closure Integrity submitted. Evaluation. The County must be provided with a Closure integrity 5164 62-762.802(4)(a)5. copy of the Closure Integrity Report as Minor Review Report not 2058,2149,2151 part of the notification process pursuant submitted. to paragraph 62-762.411(2)(c),F.A.C. A failed Closure Integrity Evaluation requires the reporting of the failed evaluation as an incident in accordance with paragraph 62-762.431(1)(f), F.A.C., and the investigation of the incident in accordance with Rule 62-762.431,F.A.C. If sampling is necessary to determine Closure integrity 5164 62-762.802(4)(a)6. whether a discharge has occurred,then Minor Review Report not 2058,2149,2151 an investigation shall be conducted submitted. during closure in accordance with Instructions for Conducting Sampling During Aboveground Storage Tank Closure, regardless of the date of installation of the storage tank system or system component being closed. The owner or operator who does not conduct a Closure Integrity Evaluation, as required in subparagraph 62- 762.802(4)(a)1., F.A.C., before the storage tank system or system component has been removed or closed Closure integrity 5164 62-762.802(4)(a)7. in-place, regardless of the date of Minor Review Report not 2058,2149,2151 installation of the storage tank system or submitted. system component, shall conduct an investigation at the time of closure in accordance with Instructions for Conducting Sampling During Aboveground Storage Tank Closure. 0 Closure Report. In cases where an investigation Is conducted at the time of closure in accordance with Instructions for Conducting Sampling During Aboveground Storage Tank Closure, a Closure Report shall be submitted in Closure Report not 2058,2149,2150, 5165 62-762.802 62-762.802(4)(b) writing or electronic format to the SNC-B Review submitted. 2151 County within 60 days of completion of the closure or replacement.The Closure Report shall be prepared in accordance with Instructions for Conducting Sampling During Aboveground Storage Tank Closure. Limited Closure Report. Form 62- 762.901(8),Limited Closure Report Form for ASTs, incorporated by reference in Limited Closure 5166 62-762.802 62-762.802(4)(c) subsection 62-762.421(2),F.A.C.,shall be SNC-B Review Report not 2058,2149,2151 submitted in writing or electronic format submitted. to the County within 60 days of completion of the closure or replacement in the following instances: Limited Closure Where a Closure Integrity Evaluation 5166 62-762.802)4)(c(1. SNC-B Review Report not 2058,2149,2151 passed; submitted. Where a failed Closure Integrity Limited Closure Evaluation was investigated prior to 5166 62-762.802(4)(c)2. closure and it was demonstrated that a SNC-B Review Report not 2058,2149,2151 submitted. discharge did not occur,or Where a Closure Integrity Evaluation or Closure Report were not required Limited Closure because the closure only involved a 5166 62-762.802(4)(c)3. storage tank system or system SNC-B Review Report not 2058,2149,2151 submitted. components that were not in contact with the soil. Facility not in compliance with 5167 62.762.851 62-762.851(1) Alternative procedure requirements. Minor Review 2164 Alternate Procedures. Any person subject to the provisions of this chapter may request in writing a determination by the Secretary or the Secretary's designee that any requirement of this chapter shall not apply to a regulated storage tank system at a facility,and shall request approval of alternative procedures or requirements Facility not in 5167 62-762.851(1)(a) on Form 62-762.901(4), Alternative Minor Review compliance with 2164 Procedure Form,effective date,January Alternate 2017,hereby adopted and incorporated Procedures. by reference. To obtain copies of this form see Rule 62-762.901, F.A.C., or http://www.flrules.org/Gateway/referen ce.asp?No=Ref-07691, or the Department's website at http://www.dep.state.fLus/waste/categ ories/tanks/pages/rules.htm. Facility not in The request shall set forth at a minimum Minor Review compliance with 2164 5167 62-762.851(1)(b) the following information: Alternate Procedures. Facility not in The specific storage tank system or compliance with 5167 62-762.851(1))b)1. Minor Review 2164 facility for which an exception is sought; Alternate Procedures. Facility not in The specific provisions of this chapter compliance with 2164 5167 62-762.851(1)(b(2. Minor Review alternate from which an exception is sought; Procedures. Facility not in compliance with 2164 5167 62-762.851(1((b)3. The basis for the exception; Minor Review Alternate Procedures. Facility not in The alternative procedure or compliance with 5167 62-762.851(1)(b)4. requirement for which approval is Minor Review 2164 Alternate sought; Procedures. Documentation that demonstrates that the alternative procedure or requirement provides an equivalent or Facility not in greater degree of protection for thecompliance with 2164 5167 62-762.851(1)(b)5. Minor Review Alternate lands,surface waters or groundwaters of the state as the specific provisions of this Procedures. chapter from which an alternative procedure is sought;and, Documentation that demonstrates that Facility not in the alternative procedure or compliance with 2164 5167 62-762.851(1)(b)6. Minor Review Alternate requirement is at least as effective as the established procedure or requirement. Procedures. If an alternative procedure or requirement is not able to be sought under subparagraph 5. or 6., then documentation that demonstrates that the specific provisions of this chapter from which the exception is sought Facility not in imposes regulatory costs on the compliance with 2164 5167 62-762.851)1))b(7. Minor Review alternate regulated entity that could be reduced through approval of a less costly Procedures. regulatory alternative or requirement that provides a substantially equivalent degree of protection for the lands, surface waters, or groundwaters of the State as the established requirement. The Department shall issue an Order Facility not in within 60 days of the receipt of acompliance with 2164 5167 62-762.851(1)(c) Minor Review alternate completed Alternative Procedure Form either: Procedures. Approving the request with any Facility not in conditions necessary to meet the compliance with 5167 62-762.851(1)(c)1. requirements of paragraph 62-Minor Review 2164 Alternate 762.851(1)(b),F.A.C.,or Procedures. Denying the request and stating the Facility not in reason(s)the request does not make an compliance with 5167 62-762.851(1))c(2. adequate demonstration that the Minor Review 2164 Alternate requirements of paragraph 62- Procedures. 762.851(1)(b),F.A.C.,have been met. The Department's order shall be agency action, reviewable in accordance with Facility not in Sections 120.569 and 120.57, F.S. The compliance with 5167 62-762.851(1)(d) Department's failure to timely issue an Minor Review 2164 Alternate Order does not grant or approve the Procedures. request. Facility not in The provisions of this rule do not compliance with 5167 62-762.851(1)(e) preclude the use of any other applicable Minor Review Alternate 2164 relief provisions. Procedures. 0 Facilities where an alternative procedure Facility not in was previously approved by the compliance with 5167 62-762.851(1))f) Department may continue to operate Minor Review 2164 Alternate using the conditions of the alternative Procedures. procedure issued by the Department. Registration of storage tank system Equipment not equipment and release detection approved by DEP 5168 62.762.851 62-762.851(2) systems and methods. Minor Review 2099,2165 before installation or use. Owners and operators shall verify at the time of installation that the storage tank system equipment and release detection Equipment not systems and methods (including approved by DEP 5168 62-762.851(2)(a) equipment and methods that were Minor Review before installation or 2099,2165 previously approved by the Department use. under the former Equipment Approval process) have been registered with the Department. Any storage tank system equipment installed after January 11,2017,must be registered with the Department in accordance with this subsection. Upon Equipment not discovery, non-registered storage tank Minor Review approved by DEP 2099,2165 5168 62-762.851(2)(b) system equipment installed after January before installation or 11, 2017, must be removed within 90 use. days,unless registration is applied for or obtained and listed within the 90 day time period. Equipment previously approved by the Department under the former Equipment Approval process and installed prior to January 11, 2017,can Equipment not continue to be used regardless of later Minor Review approved by DEP 2099,2165 5168 62-762.851(2)(c) non-renewal or removal of registration before installation or from the list of registered storage tank use. system equipment, provided the equipment is still operating as designed and installed. Only the storage tank system equipment as stated in this chapter shall be registered by the equipment manufacturer using Form 62-762.901(9), Storage Tank Equipment Registration Form, (Equipment Registration Form) effective date January 2017, hereby Equipment not adopted and incorporated by reference. approved by DEP 5168 62-762.851(2)(d) To obtain copies of this form see Rule 62 Minor Review 2099,2165 before installation or 762.901, F.A.C., or use. http://www.flrules.org/Gateway/referen ce.asp7No=Ref-07697, or the Department's website at http://www.dep.stateRus/waste/categ ories/tanks/pages/rules.htm. The following storage tank system equipment is exempt from registration: Equipment not Dispensers, dispenser islands, nozzles, Minor Review approved by DEP 2099,2165 5168 62-762.851(2)(d)1. and hoses; before installation or use. Equipment not approved by DEP 5168 62-762.851)2)(d)2. Manhole and fillbox covers; Minor Review 2099,2165 before installation or use. 0 Equipment not approved by DEP 2099,2165 5168 62-762.851(2)(d)3. Valves; Minor Review before installation or use. Equipment not approved by DEP 2099,2165 5168 62-762.851(2)(d)4. Cathodic protection test stations; Minor Review before installation or use. Equipment not approved by DEP 2099,2165 5168 62-762.851(2)(d)5. Metallic piping; Minor Review before installation or use. Equipment not Small diameter integral piping not in approved by DEP 5168 62-762.851(2)(d)6. contact with soil, unless the piping Minor Review 2099,2165 before installation or extends over or into surface waters; use. Equipment not approved by DEP 2099,2165 5168 62-762.851(2)(d)7. Vent lines; Minor Review before installation or use. Equipment not approved by DEP 5168 62-762.851(2)(d)8. AST vents;and, Minor Review before installation or 2099,2165 use. Equipment not 5168 62-762.851(2)(d)9. Gauges used for vacuum and pressure approved by DEP Minor Review before installation or 2099,2165 monitoring. use. Equipment registration requests shall be submitted to the Department in writing or electronic format with a demonstration that the equipment will Equipment not 5168 62-762.851(2)(e) meet the appropriate performance approved by DEP Minor Review 2099,2165 requirements contained in this chapter. before installation or Any approvals or denials received from use. other states or countries shall be included in the registration request to the Department. A third-party demonstration by a Nationally Recognized Testing Equipment not Laboratory shall be submitted in writing Minor Review approved by DEP 2099,2165 5168 62-762.851(2)(f) or electronic format to the Department before installation or with the application. The third-party use. demonstration shall provide: Equipment not approved by DEP 5168 62-762.851(2)(f)1. A technical evaluation of the equipment; Minor Review 2099,2165 before installation or use. Equipment not 5168 62-762.851(2)(f)2. Test results that verify that the approved by DEP 2099,2165 Minor Review equipment will function as designed; before installation or use. A professional certification or Equipment not 5168 62-762.851(2)(f)3. determination that the equipment approved by DEP Minor Review 2099,2165 meets the performance requirements before installation or contained in this chapter. use. Equipment not Integrity test requirements and Minor Review approved by DEP 2099 2165 5168 62-762.851(2)(f)4. procedures; before installation or use. Equipment not Annual operability testing procedures for approved by DEP 5168 62-762.851(2)(f)5. the equipment or release detection Minor Review 2099,2165 before installation or system or method;and, use. Equipment not Copies of the manufacturer's approved by DEP 5168 62-762.851(2)(f)6. instructions to maintain the Minor Review 2099,2165 before installation or manufacturer's warranty. use. CI) Release detection methods and tank and Equipment not piping tightness and pressure testing approved by DEP 5168 62-762.851(2)(g) methods must be registered in Minor Review 2099,2165 before installation or accordance with this subsection prior to use. being used. The storage tank system equipment and release detection systems and methods registered with the Department under this subsection must be renewed by the equipment manufacturer every five years. Failure to renew will result in removal from the equipment registration Equipment not list. Any changes, improvements, or approved by DEP 5168 62-762.851(2)(h) Minor Review 2099,2165 modifications to equipment beyond the before installation or scope of the original demonstration by use. the Nationally Recognized Testing Laboratory will require a renewal of the registration and a new demonstration from a Nationally Recognized Testing Laboratory pursuant to paragraph 62- 762.851(2)(f),F.A.C. The Department shall only place conditions upon the use of the storage Equipment not tank system equipment and release approved by DEP 5168 62-762.851(2)(i) detection systems and methods,remove Minor Review 2099,2165 before installation or equipment or methods from the list of use. registered storage tank system equipment,or not renew registration if: Equipment not The information submitted to the approved by DEP 5168 62-762.851(2)(i)1. Department is not in accordance with Minor Review before installation or 2099,2165 this subsection; use. The equipment does not perform in field Equipment not application as certified in the third-party approved by DEP 2099,2165 5168 62-762.851(2)(i)2. Minor Review certification by a Nationally Recognized before installation or Testing Laboratory,or use. The equipment is not constructed in Equipment not accordance with the approved approved by DEP 5168 62-762.851(2)(i)3. Minor Review 2099,2165 registration or applicable Reference before installation or Guidelines. use. Mineral acid tank 5169 62-762.891 62-762.891(3) Registration. Minor Review systems not 2166 registered. The owner ofany tank containing mineral acids, that was not previously registered,shall register the tank within 10 days of its discovery with the Mineral acid tank 5169 62-762.891(3)(a) Department on Form 62-762.901(2),Minor Review systems not 2166 Storage Tank Facility Registration Form registered. (Registration Form), incorporated by reference in paragraph 62-762.401(1)(b), F.A.C. • For tank installations, a completed Registration Form shall be submitted in electronic or paper format to the Department no later than 30 days after mineral acids are put into a tank previously unregistered.The Department encourages the electronic submittal of the Registration Form available online Mineral acid tank 5169 62-762.891(3)(b) here: Minor Review systems not 2166 http://www.fldepportal.com/go/submit- registered. registration/, or the form can be obtained at http://www.flrules.org/Gateway/referen ce.asp?No=Ref-07695, or the Department's website at http://www.dep.state.fl.us/waste/categ ories/tanks/pages/rules.htm. For change in service status or closure pursuant to Rule 62-762.801, F.A.C., a No notification of completed Registration Form shall be change of 5170 62-762.891 62-762.891(3)(c) submitted in paper or electronic format Minor Review registration to the Department within 10 days after information. completion of the change in service status. A completed Registration Form shall be submitted in paper or electronic format Improper 5171 62-762.891 62-762.891(3)(d) Minor Review registration. to the Department within 10 days of the re g following changes or discovery: Any change in the owner or operator of Improper 5171 62-762.891(3)(d)1. Minor Review registration. a facility or of a tank;and, re g Any change or correction in the Improper 5171 62-762.891(3)(d)2. information reported on the Registration Minor Review registration. Form. Improper 5171 62-762.891(4) Registration fees. Minor Review registration. Registration fees are due from the Improper 5171 62-762.891(4)(a) owner or operator for all registered Minor Review registration. tanks as indicated in this subsection. Improper 5171 62-762.891)4)(b) Registration fee schedule. Minor Review registration. Within 30 days after receipt of Improper 5171 62-762.891(4)(b)1. notification by the Department, the Minor Review registration. following fees shall be submitted: $50.00 per tank for each initial Improper 5171 62-762.891(4)(b)1.a. Minor Review registration. registration; re g $25.00 per tank for annual renewal of Improper 5171 62-762,891(4)(b)1.b. tanks with capacities of 125,000 gallons Minor Review registration. or less;and One dollar per every 5,000 gallons of storage capacity, per tank, for annual Improper 5171 62-762.891(4)(b)1.c. Minor Review renewal of tanks with capacities of registration. greater than 125,000 gallons. Total annual registration fees for Improper 5171 62-762.891)4((b(2. renewals shall not exceed$2,500.00 per Minor Review registration. facility. Each facility shall receive a registration placard upon payment of all applicable fees. The placard shall be available for Minor Review Placard not 2167 5172 62-762.891 62-762.891(4)(c) inspection by the Department or county displayed. and filed with records maintained in accordance with this section. Notification. County not notified 5173 62-762.891 62-762.891(5) Minor Review of CIP or secondary 2168 containment,by PE. The county shall be notified of the certification or recertification of the CIP or the secondary containment system on County not notified Form 62-762.891(1), in writing or Minor Review of CIP or secondary 2168 5173 62-762.891(5))a) electronic format within 10 days of the containment,by PE. completion of the form.The form shall be signed by a professional engineer licensed in the State of Florida. Notification of incidents. Within 72 hours, or close of the county's next business day,the county shall be notified in writing or electronic format of any release into a secondary containment Incident notification 5174 62-762.891 62-762.891(5)(b) system of a mineral acid in excess of 110 Minor Review not submitted within gallons, or the reportable quantity in 72-hours. effect on July 1, 1991, under the Comprehensive Environmental Response Compensation and Liability Act of 1980, whichever is greater. Notification of discharges. Within 24 hours of discovery,or before the close of the county's next business day, a Discharge not Discharge Report Form 62-762.901(1), reported with 24- 51752169 62-762.891 62-762.891(5)(c) incorporated by reference in subsection SNC-B Review hours,or by next 62-762.411(5), F.A.C., shall be used to business day. report any discharge in writing or electronic format to the county exceeding: Discharge not 100 pounds of hydrobromic or reported with 24- 2169 5175 62-762.891(5)(c)1. SNC-B Review hours,or by next hydrofluoric acid; business day. Discharge not reported with 24- 2169 5175 62-762.891(5)(c)2. 1,000 pounds of sulfuric acid,or SNC-B Review hours,or by next business day. Discharge not 5,000 pounds of hydrochloric or reported with 24- 2169 5175 62-762.891(5)(c(3. SNC-B Review phosphoric acid. hours,or by next business day. Secondary Storage tank system requirements for containment not met 2170,2171,2175 5176 62-762.891 62-762.891(6) SNC-B Review for mineral acid mineral acid tanks. tanks. Secondary containment not met 2170,2171,2175 5176 62-762.891(6)(a) General. SNC-B Review for mineral acid tanks. Secondary Tanks installed on or before July 1,1992, containment not met 5176 62-762.891(6)(a(1. shall either be covered under a CIP or SNC-B Review 2170,2171,2175 for mineral acid have secondary containment. tanks. Secondary Tanks installed after July 1, 1992, shall containment not met 2170,2171,2175 5176 62-762.891(6((a(2. SNC-B Review for mineral acid have secondary containment. tanks. Secondary 5177 62-762.891 62-762.891(6((b) Secondary Containment. Minor Review containment not 2171,2172,2176 certified by PE. A professional engineer licensed in the Secondary State of Florida shall certify on Form 62-Minor Review containment not 2171,2172,2176 5177 62-762.891(6)(b)1. 762.891(1) that the tank or tanks have certified by PE. secondary containment. Secondary containment shall be recertified on Form 62-762.891(1) by a professional engineer licensed in the State of Florida if a new tank is added to Secondary 5177 62-762.891(6)(b)2. a facility or if there is a structural change Minor Review containment not 2171,2172,2176 to the containment. Secondary certified by PE. Containment does not need to be reviewed and updated for tanks where there has been no structural change to the containment. Secondary containment shall be properly maintained. Any cracks, degradation, punctures,or other similar defects to the Secondary 5177 62-762.891(6)(b(3. integrity of the secondary containment Minor Review containment not 2171,2172,2176 shall be repaired. If repairs cannot be certified by PE. made to ensure the tank's original integrity,the tank shall be emptied. 5178 62-762.891 62-762.891(6)(c) Containment and Integrity Plan. Minor Review PE not certified by 2170,2174 A professional engineer licensed in the State of Florida shall certify on Form 62- 762.891(1)that the tanks covered by the CIP for that facility have been inspected and maintained in accordance with the CIP and that the integrity and containment of the tanks has not been Minor Review CIP not certified by 2170,2174 5178 62-762.891(6)(c)1. compromised. For purposes of this PE. certification, maintenance will be presumed to have been performed if the professional engineer verifies that records demonstrating compliance with this subsection are available, complete, and indicate proper maintenance. The CIP shall include procedures and requirements to minimize the risk of spills, releases, and discharges from tanks. The CIP shall be reviewed, updated, and recertified on Form 62- CIP does not 5179 62-762.891 62-762.891(6)(c(2. 762.891(1)at least every two years by a Minor Review 2173 requirements. professional engineer licensed in the State of Florida.The CIP shall be made available for inspection by the Department or county, and shall address: An inspection and maintenance program detailing the qualifications of the person providing the inspection,the inspection and routine maintenance procedures, CIP does not 5179 62-762.891(6)(c)2.a. schedules used to evaluate and maintain Minor Review 2173 requirements. the integrity of the tank, release detection procedures, and frequency of inspections and proper response to inspection findings. Materials of construction for each tank CIP does not 5179 62-762.891(6)(c)2.b. and compatibility of the mineral acid Minor Review 2173 requirements. with the construction materials; Location of surface water bodies near the tank and the potential for discharges Minor Review CIP does not 2173 5179 62-762.891(6)(c)2.c. to enter the surface water body or to requirements. move off-site; Discharge response procedures for Minor Review CIP does not 2173 5179 62-762.891(6)(c)2.d. containment and abatement; requirements. CIP does not 5179 62-762.891(6)(c)2.e. Cleanup procedures; Minor Review 2173 requirements. • 5179 62-762.891 6 Procedures and equipment for treating CIP does not ( )(c)2.f. wastes; Minor Review 2173 spit requirements. 5179 62-762.891(6)(c)2.g. Procedures for disposing of spill wastes; Minor Review CIP does not 2173 requirements. Containment and diversionary structures 5179 62-762.891 6)(c)2.h. to prevent discharges from entering the CIP does not ( nearby surface water bodies or moving Minor Review requirements. 2173 off-site;and, A demonstration of corrosion protection CIP does not 5179 62-762.891(6)(c)2.i. of the tank if the tank is in contact with Minor Review 2173 requirements. the soil. Recordkeeping.The following records,as applicable whether in paper or electronic format, shall be dated and available for inspection by the Department or county.If records are not 5180 62-762.891 62-762.891(7) Minor Review Records not kept. 2177 kept at the facility, they shall be made available at the facility or another agreed upon location upon five business days of the Department's or county's request: 5180 62-762.891 7 The current CIP along with an up-to-date ( )(a) Form 62-762.891(1); Minor Review Records not kept. 2177 The current certification of secondary 5180 62-762.891(7)(b( containment on Form 62-762.891(1); Minor Review Records not kept. 2177 and, 5180 62-762.891(7)(c) A copy of all DRFs. Minor Review Records not kept. 2177 Appropriate actions 5181 62-762.891 62-762.891(8) Discharge response. SNC-A Inspection not taken in the 2178,2179 event of a discharge. When evidence of a discharge from a tank is discovered and reported in Appropriate actions 5181 62-762.891(8)(a) accordance with paragraph 62- SNC-A Inspection not taken in the 2178,2179 762.891(5)(c),F.A.C.,the owner or event of a discharge. operator shall: Remove as much of the mineral acid Appropriate actions 5181 62-762.891(8)(a(1. from the tank as necessary to prevent SNC-A Inspection not taken in the 2178,2179 further discharge; event of a discharge. Repair the tank in accordance with Appropriate actions 5181 62-762.891)8((a(2. original design specifications;and, SNC-A Inspection not taken in the 2178,2179 event of a discharge. If the storage tank cannot be repaired, all mineral acid shall be removed from Appropriate actions 5181 62-762.891)8)(a)3. the tank and the tank shall be SNC-A Inspection not taken in the 2178,2179 event of a discharge. permanently closed. Any owner or operator of a facility discharging mineral acids shall immediately undertake to contain, Appropriate actions 5181 62-762.891(8((b) remove,neutralize,or otherwise abate SNC-A Inspection not taken in the 2178,2179 the discharge under all applicable event of a discharge. Department rules,for example Chapter 62-780,F.A.C. 0 Guidance Document Cl -AST Closure 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 Os pare a 2600 Blair Stone Road,MS 4525 Tallahassee,Florida 32399-2400 K.,.„.., 4awww.dep.state.fl.us 4h,e ntat Pia` 0 CONTENTS 1 INTRODUCTION 1 A. CLOSURE REPORT 1 1. Summary Narrative 2 2. Supporting Documentation 2 B. GENERAL SAMPLING GUIDELINES 3 1. Gasoline and Kerosene Analytical Groups 5 2. Used Oil C. SAMPLING REQUIREMENTS FOR STORAGE TANK REMOVALS[SEE SECTION E AND F FOR 5 REQUIREMENTS DURING CLOSURE OF INDIVIDUAL SYSTEM COMPONENTS] 5 1. Gasoline and Kerosene Analytical Groups 6 2. Used Oil D. SAMPLING REQUIREMENTS FOR STO AGE SYSTEMANKS CLOSED IN COMPONENTS]MPONPLACE C] [SEE SECTION E AND F FOR REQUIREMENTS DURING CLOSURE OF I 77 1. Gasoline and Kerosene Analytical Groups 9 2. Used Oil E. SAMPLING REQUIREMENTS FOR CLOSURE OF INTEGRAL PIPING IN CONTACT WITH SOIL 9 10 1. Soil Samples 10 2. Groundwater Samples F. SAMPLING REQUIREMENTS FOR CLOSURE OF PIPING SUMPS,HYDRANT SYSTEM SUMPS,SPILL CONTAINMENT DEVICES AND DISPENSER SUMPS 10 10 1. Soil Samples 11 2. Groundwater Samples G. DISCHARGE REPORTING REQUIREMENTS DURING A PETROLEUM/PRODUCT TANK SYSTEM 11 CLOSURE H. OTHER POLLUTANT AND HIGH VISCOSITY POLLUTANT STORAGE TANK SYSTEMS 12 APPENDIX A iii APPENDIX B 0 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. 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 Page I of 12 co 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 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 island'),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) I 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 l2 Cr"1 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 4of12 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 0 (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 0 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 7of12 E 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 8of12 45 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 9of12 .©b 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 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 11of12 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 Sampling Protocol for Aboveground Storage Tank Systems (ASTs) Containing High Viscosity Pollutants, (Appendix A) and Heavy Fuel Oil Discharge Response Actions, FDEP May 2016, (Appendix B)]. Page 12of12 13) Appendix A Closure Sampling 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. I. 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. 2. 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. 3. 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) O 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. 4. 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. 5. 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. 6. A Closure Report will be generated for each tank within 60 days of data collection. This Closure Report will include a description of site investigation activities, analytical results, photographs of the individual test trench soil profiles, as well as conclusions and recommendations for future activities, if necessary. Appendix B Heavy Fuel Oil Discharge Response Actions (Ao, 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 0 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 e 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 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 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 example, 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 e 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 e 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 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 PAHs' Reported wt%in USEPA Florida Florida Soil CTLs- (#of aromatic rings) No.6 Fuel 0112(avg Carcinogenic Groundwater Res/CI(mg/kg)° and range) Potential3 CTLs(ug/L) 4.2E-3 N/C 14 55/300 Naphthalenes(2) 2.1E-4-1.5E-2 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 2.1E-2 N/C 210 2200/36,000 Phenanthrene(3) 2.1E-3-4.8E-2 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 5.5E-2 B2 0.05 Calculate based on Benz(a)anthracene(4) 2.9E-3-1.5E-1 TEF of 0.1' Calculate based on 6.9E-2 62 4.8 Chrysene(4) 2.9E-3-3.1E-1 TEF of 0.001 Calculate based on Benzo(b)fluoranthene(4) 4.4E-2 B2 0.05 TEF of 0.1 Calculate based on Benzo(k)fluoranthene(4) 4.4E-2 B2 0.5 TEF of 0.01 Benzo(a)pyrene(5) 4.4E-3 B2 0.2 0.1/0.7(TEF of 1) Calculate based on Dibenz(a,h)anthracene(5) N/R B2 0.005 TEF of 1.0 Benzo(g,h,i)perylene(6) N/R N/A 210 2500/52,000 Calculate based on Indeno(1,2,3-cd)py rene(5) 1.0E-2 B2 0.05 TEF of 0.1 April 2007 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 '0 Guidance Document C2 - UST Closure Instructions for Conducting Sampling During Underground Storage Tank Closure Permitting and Compliance Assistance Program Division of Waste Management Florida Department of Environmental Protection April 2016 skda OsPsr44s'. 2600 Blair Stone Road, MS 4525 Tallahassee, Florida 32399-2400 www.dep.state.fl.us Yp,msnt st..c,„, (C) 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 ``as p�Car-''. 2600 Blair Stone Road, MS 4525 Tallahassee, Florida 32399-2400 m: c www.dep.state.fl.us ° �a„ eht ai 00 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 62-761, 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 Closure Report,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 1 of 9 Q 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'),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 Each island is considered a source area. If there are five islands with two dispensers on each island, five samples are to be collected. Page2of9 initiation phase under 62-780, F.A.0 (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 Page3of9 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: • 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 Page 4 of 9 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: • 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 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 5 of 9 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 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 Page 6 oj9 CAO • 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 boririg(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: • 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,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 Page7of9 4FAI 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 62-761.900(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 8 of 9 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)]. Page9of9 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. 1110 DEP Contract No.GC919,Guidance Document DI,Page 1 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 DEP Contract No.GC919,Guidance Document D1,Page 2 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: • Date of physical inspection. • All release detection methods for tanks, piping, and sumps listed. Description of any unusual operating conditions, such as alarms. • 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. • 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. • If certain system equipment was not inspected or could not be inspected, reason(s) for the lack of inspection recorded. • Any requests for and/or receipt of an INF or a DRF based on the records review or physical inspection findings. Installations: DEP Contract No.GC919,Guidance Document D1,Page 3 of 7 • The description of activities conducted and observed by the inspector(s). Ensure that the dates and times of these activities and observations are noted. • The PSSC name and number for UST installations or the name of the contractor performing the AST installation. • List of all the equipment installed, manufacturer, and EQs. As a reminder, this information also needs to be recorded at the facility level. • The release detection methods used to demonstrate compliance. • The testing company name,the method of test performed, and the results. • 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: • The activities conducted and observed by the inspector(s). Ensure that the dates of these activities and observations are noted. • The PSSC name and number for UST closures or the name of the contractor performing AST closure. • 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 facility level. • The method(s)used to make the tanks safe for removal (i.e. inerting, induction, etc.) • 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 10 days. • The cleanup status of previous discharges. • Document whether the closure integrity evaluation report form was submitted as applicable. • The statement as to whether a closure report or a limited closure report is required, and by what date. • The name of the consultant performing the closure assessment and the methods of sampling, if applicable. • The disposal of the tanks, contents, and contaminated soil/groundwater, as applicable. • 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. • An INF/DRF that is provided by the responsible party during a closure inspection. Discharge Inspections: • After notification, was a discharge inspection performed within 14 calendar days? DEP Contract No.GC919,Guidance Document D1,Page 4 of 7 • The product discharged, including type, amount, and cause of discharge, when possible. • Actions taken to contain and abate the discharge(tank emptied, repairs, tightness testing, etc.). • The date the DRF was filed, or a statement that the DRF has not yet been filed, and for what reason. • The names of any consultants and/or PSSC,with number, if they are involved with response to discharge. • Any requests to the responsible party to provide soil and/or product disposal manifests. • Whether a site assessment will be required, if known at the time of the inspection. • A diagram of the affected area, if the discharge was a visible surface spill. Reinspections: • Describe what was re-inspected, what corrective actions were taken and what violations were resolved, if any. • An INF that is provided by the responsible party during a re-inspection. Complaints: • Source and description of complaint received. • Outcome of complaint. • 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. DEP Contract No.GC919,Guidance Document D1,Page 5 of 7 0' 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? DEP Contract No.GC919,Guidance Document D1,Page 6 of 7 (17/1) 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? DEP Contract No.GC919,Guidance Document D1,Page 7 of 7 Guidance Document D2 a da Depa'tt,e�f CONTRACT REVIEW FORM 0 Mix CONTRACT NUMBER: G e COUNTIES: on°jenta% !. - 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? I I Total 40 FIRST Review Attached 30 Field Inspection Review Attached 30 Total for contract review 100 Program review conducted by: Date: Comments: ( oeP 0. m c L o o ,�e ntal °`° 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 1 1 2 I #DIV/0! FOLLOW-UP 1 Conducted/Documented 1 5 I #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: et, (7.N. peParr�e o of FIELD INSPECTION REVIEW FORM G AI 3o ' `� o 0teContract Number: i?lental ?t 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 01 Review Conducted By: Date: Comments: GUIDANCE DOCUMENT E CONTRACTUAL SERVICES INVOICE Im0w No. 04100001 No. Task No. Data Parlor/or Service 7/1,2018 10 8/3012017 V,,,,, 154_13. Floods Department 0 Enrkonm.nt4 Praeclion P.rmklkg and CanpWnoe Aeislenc.Program 2600 BOO Slaw Road.U.S.4555 Tallahassee,Florida 32399-200 FEID No Ann.'.Tanks Comp/ance AssrOance Acrounln0 ToMon 2006! Agma ent Contractor Use: RaMlns Au92018 S 51550 + RouneVadat* 544910491944 r.'°'''''... Mon1NYr. Inspection • ins on Id 4 1Yawa Amount / 45b9Sm/800 ; ,O0i - 0 , Fixed PrkeCoa/Musr9A Jul 2016 S 515 5' $ 45395 $ 18045 M A1221 arms 5000000 canuaotrtask Amount 5ep2016 S 51550 • $ 0395 $ 76045 i 0 2,448.0 Lau 9shw 31449.349 0012015 Amount Le01111111,.$101111111,.$10^11..1. Nov 2015 $ 515.50 0$ 0395 $ 16045 5LT 459760 'avI oeDec 2018 aw Invoice Tota Invome Too J2017 fsy5050 } }1,;iSf 00]48.955 $ S ]160604 �/x1 ��} 76340220900 Feb 2011 51550 rS 483.95 $ 16045 i-•'-'4'- 251050 TOTAL AMOUNT OF WVOILE f�11.334414 Mr2012 51550 $ 03.95 S 16045 4 F : 9 079630 Apr 2017 515.50 i 0 S 463.95 S 16045 . $ 1101600 FDEP Use Only: M4,2017 51550 } • $ 463.95 $ 26045 i! w 3 12.244.00. Jun 2011 51550 5 - $ 463.95 $ 76045 ,'P' r W} 13,466,40 74461: 8,188.00 i 5,561.0 S 512544 •-,10 } 14,602.90. SIRS Rot 6/15 AS 0 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. DEP Contract No.GC919,Guidance Document F,Page 1 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. 1) 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. 2) The owner/operator has 90 days to resolve minor violations at the local program level. The clock begins upon date of inspection. If after 90 days the violation remains unresolved, the local program shall contact the District Task Manager to discuss. 3) 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. DEP Contract No.GC919,Guidance Document F,Page 2 of 2 GUIDANCE DOCUMENT G Guidelines for Case Referrals 1. In accordance with the Level of Effort Guidance (Guidance Document F), the Contractor shall refer facilities to the Department if the facilities don't timely return to compliance through efforts by the Contractor. 2. The Contractor shall refer facilities as necessary to the Department through the Enforcement Referral Activities tab within the Enforcement Project in FIRST 3. In addition, the Contractor shall prepare a memorandum to the Department Task Manager stating that the Contractor is referring the case for enforcement. The memorandum should be inserted as an attachment within the Enforcement Referral Activity in FIRST. 4. The memorandum should include the following: a. The facility name and Department Facility ID Number, and a short summary of the open violations. It should also name the staff that will available for questions, meetings, depositions, hearings, and other enforcement related activities. b. A 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. c. Names, 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/flus/dor/property/apprasiers.htlm Clerk of the courts: http://www.flclercks.com Corporate records: http://www.sunbiz.orq/ These links are helpful in determining ownership interests. d. Copies 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. e. Copies of photographs of the violations where appropriate and that are not available in FIRST. DEP Contract No. GC9 19 Guidance Document G, Page 1 of 1 GUIDANCE DOCUMENT H CONTRACTUAL SERVICES INVOICE Payment Calculations Invoice No. Contract No. Task No. Date Invoice Period Inspection Type Value Quantity List of Facilities (FAC. ID only) Routine $ 510.40 Attach FIRST spreadsheet UST System Install $ 1,140.68 UST Piping Install $ 380.23 Component Install $ 190.11 UST System Closure $ 836.50 UST Piping Closure $ 418.25 Component Closure $ 209.12 AST System Install $ 570.34 - AST Piping Install $ 190.11 AST Piping Closure $ 190.11 - AST System Closure $ 380.23 Complaint $ 190.11 Discharge $ 190.11 Enforcement $ 190.11 Non-Compliance $ 190.11 TOTAL $ - Signature Date Page 1 of 1 GUIDANCE DOCUMENT I 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 0 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 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 0 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. nt DEP 923 February 14, 2013 Page 5 of 23 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: C DEP 923 February 14, 2013 Page 6 of 23 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. DEP 923 February 14, 2013 Page 7 of 23 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 DEP 923 February 14, 2013 Page 8 of 23 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 ��J DEP 923 February 14, 2013 Page 9 of 23 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: 0 DEP 923 February 14, 2013 Page 10 of 23 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 DEP 923 February 14, 2013 Page 11 of 23 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 C DEP 923 February 14, 2013 Page 12 of 23 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 e DEP 923 February 14, 2013 Page 13 of 23 $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-ELBA 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 DEP 923 February 14, 2013 Page 14 of 23 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. S DEP 923 February 14, 2013 Page 15 of 23 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 CD DEP 923 February 14, 2013 Page 16 of 23 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 • DEP 923 February 14, 2013 Page 17 of 23 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. )ba DEP 923 February 14, 2013 Page 18 of 23 (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: DEP 923 February 14, 2013 Page 19 of 23 (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 DEP 923 February 14, 2013 Page 20 of 23 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. DEP 923 February 14, 2013 Page 21 of 23 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 DEP 923 February 14, 2013 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 DEP 923 February 14, 2013 Page 23 of 23 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) 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 R to to to O $ 4,000 $3,000 $2,300 N M E N MODERATE $2,299 $1,599 $999 T to to to A $1,600 $1,000 $600 L MINOR $999 $5001) $5001) H to A $500 R M 1)— Environmental Education may be an acceptable substitute 0 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 R to to to 0 $ 8,000 $6,000 $4,600 N M E N MODERATE $4,599 $3,199 $1,999 T to to to A $3,200 $2,000 $1,200 L MINOR $1,199 $5001) $5001) H to A $ 500 R M 1)— Environmental Education may be an acceptable substitute f_,h , 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 R to to to 0 $ 20,000 $15,000 $11,000 N M E MODERATE $10,999 $7,999 $4,999 N to to to T $ 8,000 $5,000 $3,000 A L MINOR $2,999 $1,499 $5003) H to to A $1,500 $5003) 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 0 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 R to to to 0 $ 28,330 $21,250 $15,580 N M E MODERATE $15,580 $11,330 $7,090 N to to to T $11,330 $7,090 $4,250 A L MINOR $4,250 $2,130 $710 H to to to A $2,130 $7101) $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 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 ELRA Extent Matrix Multi- Adjust- Total Type Schedule ENVIRON- of Dev. Amount day ments MENTAL Harm 1 2 3 4 5 6 7 8 9 Total Penalties for all Violations: 0 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 0 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: 0 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 0 1 6 c Ann P. Jennejohn From: SnyderburnPhil <Phil.Snyderburn@colliercountyfl.gov> Sent: Friday,January 26, 2018 7:55 AM To: Ann P.Jennejohn Subject: RE:Item #16C2 (6-13-2017 BCC Meeting) Attachments: 000 - GC919 - Executed Contract w attachments.pdf Good Morning Ann, As requested Regards, tgrm# c9frie,e,preep/it Philip Snyderburn, CPM Principal Environmental Specialist Hazardous Materials Co ger County Solid and Hazardous Waste Management Division Deliver best value,high quality,sustainable solid waste management services that meet our customers'expectations. NOTE:Email Address Has Changed 3339 Tamiami Trail East,Suite 302 Naples, Florida 34112 Mobile:239-207-0920 Desk Phone:239.252.5081 Fax:239-252-6580 r4 Please consider the environment before printing this e-mail and have a wonderful day! Collier County Tanks Program Infomercial NFPA MEMBER 2017-201$ From:Ann P.Jennejohn [mailto:Ann.Jennejohn@collierclerk.com] Sent:Thursday,January 25, 2018 3:53 PM To: Snyderburn Phil <Phil.Snyderburn@colliercountyfl.gov> Subject: Item #16C2 (6-13-2017 BCC Meeting) Hi Phil, I'm with the Board's Mivtutes avid Records avtd lookivtg for avt executed copy of revenue earning Florida Department of Environwtental Protection (FDEP) Contract No. GCgi-q authorizing Collier County to administer FDEP's Storage Tank System Compliavice Verification Program, 1 6 C for the 13oard's Official Record? Would you happen to have a copy of that, or at the very least the signature page from FDEP? No emergetacy, but if you could let me know that would be great! Thank you. Ataia Jennejohm., Deputy Clerk Clerk of the Circuit Court Collier County Board Minutes & Records Dept. 23 ci-252-8406 Fax 2367-252-8408 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 2 16C2 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 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. DEP Contract No. GC919, Page 1 of 15 (Approved Template 02/02/2017) 16c 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. ❑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 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: DEP Contract No. GC919, Page 2 of 15 (Approved Template 02/02/2017) 1602 Florida Department of Environmental Protection PCAP Program Attn: Department Contract Manager Email address: STR Invoicesadep.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. ❑x Travel costs are included in the fee schedule amounts of this Contract. 0 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 Office 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 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 DEP Contract No. GC919, Page 3 of 15 (Approved Template 02/02/2017) 16C2 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 Commissioners Department of Environmental Protection Collier County Solid & Hazardous Waste Dept. 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: philsnvderburn a(�colliergov.net Email: roger.ruiz(a�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 DEP Contract No. GC919, Page 4 of 15 (Approved Template 02/02/2017) 1602 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 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 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. DEP Contract No. GC919, Page 5 of 15 (Approved Template 02/02/2017) 1602 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. ❑x 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. I: No liquidated damages will be assessed. El 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 DEP Contract No. GC919, Page 6 of 15 (Approved Template 02/02/2017) 1 6 C2 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. DEP Contract No. GC919, Page 7 of 15 (Approved Template 02/02/2017) 1 6 02 ❑ Contractor shall not subcontract any work under this Contract. ❑x 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. 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 DEP Contract No. GC919, Page 8 of 15 (Approved Template 02/02/2017) 16C2 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 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 DEP Contract No. GC919, Page 9 of 15 (Approved Template 02/02/2017) 1 6 02 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 restriction and alteration. Department reserves the right and the complete discretion to accept any such DEP Contract No. GC919, Page 10 of 15 (Approved Template 02/02/2017) 16C2 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 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. DEP Contract No. GC919, Page 11 of 15 (Approved Template 02/02/2017) 16C2 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 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 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.orq/ DEP Contract No. GC919, Page 12 of 15 (Approved Template 02/02/2017) 1 6 02 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 public 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 16C2 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 DEP Contract No. GC919, Page 13 of 15 (Approved Template 02/02/2017) 1602 RECORDS by telephone at (850) 245-2118, by email at publicservices(cr�.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 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. DEP Contract No. GC919, Page 14 of 15 (Approved Template 02/02/2017) 1 6 02 54. WARRANTY OF ABILITY TO PERFORM. Contractor warrants that, to the best of its knowledge, there is no pending or threatened action, proceeding,or investigation, or any other legal or financial condition,that would in any way prohibit, restrain,or diminish the Contractor's ability to satisfy its Contract obligations. Contractor warrants that neither it nor any affiliate is currently on the convicted vendor list maintained pursuant to section 287.133 of the Florida Statutes,or on any similar list maintained by any other state or the federal government. Contractor shall immediately notify the Department in writing if its ability to perform is compromised in any manner during the term of this Contract and any renewals. 55. WARRANTY OF AUTHORITY. Each person signing this Contract warrants that he or she is duly authorized to do so and to bind the respective party to this Contract. IN WITNESS WHEREOF, the parties have caused this Contract to be duly executed,the day and year last written below. COLLIER C• .OARD FLORIDA DEPARTMENT OF OF COUNT •OM ' SIONERS ENVIRONMENTAL PROTECTION By: - By: Title: (Penny Tayl•j�hairman Secretary or desi ee Date: lA / Ii / 17 Date: G • 2 Co • ) FEID No. 59-6000558 List of attachments/exhibits included as part of this Contract: Specify Type/Letter Description Attachment A Scope of Work-Level One(7 pages) Attachment B Scope of Work- Level Two(8 pages) Attachment C Task Assignment Notification Form Attachment D Task Assignment Change Order Form(2 pages) Attachment E Contractor Affidavit/Release of Claims Form -REMAINDER OF PAGE INTENTIONALLY LEFT BLANK- ATTEST , Apiroved as o and legality DWIGHT E, BRQCK,CLERK Scott R Teach,Deputy County Attorney 911-1'Attest as to Chairman s signature only. ° DEP Contract No. GC919, Page 15 of 15 1 6 C ? 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, 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. 16C2, 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. DEP Contract No.GC919, Page 1 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 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 document management system. DEP Contract No.GC919, Page 2 of 7 16C2 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 16 C 2 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 DEP Contract No. GC919,Page 3 of 7 16C2 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 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 DEP Contract No.GC919, Page 4 of 7 1 6 02 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. 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/comp liance.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 DEP Contract No.GC919, Page 5 of 7 16C2 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. DEP Contract No.GC919, Page 6 of 7 1 6 C2 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(a�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 DEP Contract No. GC919, Page 7 of 7 16C2 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, 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 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 DEP Contract No.GC919, Page 1 of 8 16C2 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 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. (3) All Compliance Assistance letters shall be on Department forms, in Department format, or have Department approval. DEP Contract No.GC919,Page 2 of 8 16C2 (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. 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 DEP Contract No.GC919, Page 3 of 8 16 C r 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. DEP Contract No.GC919,Page 4 of 8 16C2 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. DEP Contract No.GC919,Page 5 of 8 16C2 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. 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/cateqories/tanks/paqes/first use rs quide.htm C. Guidance Document Cl -- 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 DEP Contract No.GC919, Page 6 of 8 1 602 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, omissions, 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 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. 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 aa,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 DEP Contract No.GC919, Page 7 of 8 1602 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 DEP Contract No.GC919, Page 8 of 8 16C2 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/compl iance.htm. All Guidance documents referenced in the Contract's Scope of Work are available online at: http://www.dep.state.flus/waste/categories/tanks/pages/compl iance.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. DEP Contract No.GC919,Attachment C,Page 1 of 4 16C2 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 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(a,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) DEP Contract No.GC919,Attachment C,Page 2 of 4 pePar 1 o`�' �° Florida Department of Environmental Protection 6 amt4.4 , a3 TASK ASSIGNMENT FORM a o L 4 ,ental Pt 0 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 3 of 4 Nb. , Florida Department of Environmental Protection 1 6 2 TASK ASSIGNMENT FORM 't•ntai Pt 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 Project Grant Org Code Category& Fund Special Object EO Amount Entity # # Year Category Code Total: 0 DEP Contract No.GC919,Attachment C,Page 4 of 4 paper a•a• t�e Florida Department of Environmental Protection 1 6 2. TASK ASSIGNMENT CHANGE ORDER FORM 47antal pte 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: 000-012(Effective 09-14-2015) Page 1 of 2 ra. °41""t4,"°� Florida Department of Environmental Protection1 6 C TASK ASSIGNMENT CHANGE ORDER FORM ental 9 o Change in Funding Information Org. Code E.O. 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 000-012(Effective 09-14-2015) Page 2 of 2 16C2 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. 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QN(W7w w a,- WH vv)ivi1—wcoZQcx� zNg¢ U1_ _,aW 2Z v) v)0ce <n0 0U J<n0 wwz 00020 LLQ W 0D 0 o NN V - N M H a n a d 3N N N N N N N O O 000 0 O O 0 N N 10 100 N p V C W m W ce l Z CC CC CC a a a Z _. _, _ 0 ce O1 V) Z Z Z Z Z Z Z Z Z 7 Z z 7 < Z 123. n G co et c- N D N p U '° 73 0 CO U N 2 N' M r r r� CCO O O O 0 0 0 0 0 0 0 0 O 0 0 CC N N N N N N In In U) CC CC cn CP CT W co co co co co CO co co co co co co co N M V N co r CO 0) 0 N M <y 1.0 CO 0 0 0 0 0 0 0 O ` N N N N N N N N N N N N N N < Y < Z W 0 U W i0 Q 0 co 0 0 N.a N CO J z 5 o a a z 6 a HJZ (no °'Z a a q a 0 WJ N o a 0 N - Hw>- WNfn .:Q } 0 ee OH op LL Z p p n U W U a> W w T >-0_ J COn O p W cn w p N Q Q W Q W LL H ce X a O D~ 21x ce w U(7 >- H>0 H0fO 2 0_wLu E2 W m CO a ce02 ce0N -� w Q} a0 p wQ 0} Ow V >zw H 0= w v) OZZ V) OLLZ2 OwH W 2 >_> Q W J C72 Ma' p>ce UQp, Ta H p W H-w pW H W Hz LLQ >HU Q0 z wOO )(2Q w m0 co,_ 0 0a<g JZ5. wZW QH l> k pace z`� 26 UUi)0 W N2 z wZ Nz Q Qaza - z0 oz U' W 0 z O O 0.O p ,I: W J-W J-U Q > W U S W 0 ce H H J Z H Zr J U W p C Q~ p 70W W 0-0 Ol J OH z� J U6OW am W OZH J} ZH o ZrG W 2 QQ v"±1- a a LLce}2 00> HH wz a =° oZ a O 0<�n ILL II--v)W wY W 0 as Oa Z ZZOO 600 0200 20 Ice Q 0a a U)' (n Lo- coQM Q0U U W F� U W O OOzw W Uw aa} 0Z w7 w W a z w a aw a Hz0 H(7 Upo -1- >?� w2 au w° 4 aaOw w C4 m JN ZZ4 zO .,w-6- „ (may w rw wwo w= ZZz Qcece -W 0 ace fyI- N LLw(nm 16 0) (nOZ H� Q2i LU m W w CO v~i1-r ((CCU ¢F_a z°O Uo 5w ZF_ C7w 000w 0ZH> z>0U �> Z5 • u..Qur) woo cn0 Jcx 000< wa ow �� a5 z?Zw o�wo rH-=w zx ow w w v) VCO CO CO CO V wwU) w U) w w w w w w w¢ ¢ w Z z Z Z z Z 00 0 0 0 0 0 W W W W W W J J V) 0 0 0 N N Ce Z a Z Z Z QN Q(n 0 p 0 0 0 0 0 U'• C7 0 0 0 C7 z-,ce z J ce Q < Q < < < < a^ arc a a a a Wap° w a J w J J J J J o a x I I I x a O W a 0 W a a a a a a a on Sao 5aa0 w w w W w w w A w w 0 0 N 000-600-6 066 z z z z z z z O 55 0 8 0 5 0U)<0- U)<0- - - - C\J ��� rk k 0 E § Z0 - as zo>§ 'i : 71 z »0.§ 5< § }%/u 00 §� 3 il\6 e%\ �& Lu�� X• [\!) $wz o@ a»z [%§ )�020< 2` gray 3 m2Zo. l§B )§= §2B ES} 22kf( 2\ k kj z §$( R�§ 0S§§ k00 2§a / S& , -Sz °-� 02e _,�_ zzz k«3 -§ b® ! �g2G \$« k§0. §\Ui; §i-§z §§� 2Qui \§ §2)Km §22 /2� F_ z, zu!§ 0.`\ �z@ °° 3Jw<5wwoU!£ 2)/, 3§32 )§! §/0 [k §§§BCt ELSEL)< Z0 1-00< QCJ0_/§ <\k §§ 0000ww oo / » ■ \ z \ - . 2 § a§ %§ )§ k\ § u ■ ±GI ( )) (¢ ){ § = z 0 0 ` cc 2 z z z on z z z z Ail 2 Cil co CC / / / / / / / k \ CO { § § / CO § I- \ 0. z =z ) a ! < ua.e §\ / Doo o (» ¥» IX // §tea■ z0K § Ill -z )0 Z °= ta )22L § \i_7 i !15 22 ); (zO Zo 2Z 'Z, (2§ /§ °Cn° !w Eo-1D < Dw aUJ- R017- o < mZWWW2 OZ �!t o8§ go c k3<co §§ (/ «/k (2a2(Ui W` \§ ! -§ § °z Qo 0o0 ®°ce ¥O§ (§ o/ §$§m ® k° X02 == o < oe o 2zlk §/ 2< c0$0 2(L }\) k§k) a zWz0p;0 ;o z=� ommw . ® Z0zoO0. O8o 2Q< /®§ E�& 0 JD s §8Ry2)» 28a §/) §§iaUw SWJE ■ 0020- 0-±5 _ oo< <oa- <ZUi= - § Cl) § § § § § ( W H ) H \ ) 0) 0 0 0 0 0 0 0 \ i k < k < k k k )g 00 C a- ƒ / ƒ g § /2 E z z z z z » 3 § , , ! , , § /) 1 6 C 2 GUIDANCE DOCUMENT A-VIOLATION LIST violation erBMICM cool ml6011111934uhpary Id Auk violation text zkt slondloance level N 1834 nevYWbe ripe IO 1001 REGISTRATION 400(1)(0)-(�: SYSTEMS NOT REGISTERED N R 1002 REGISTRATION 401521(04e) REGISTRATION FEES NOT PAID N R 1003 REGISTRATION 400(2)(0 REGISTRATIONIN PLAIN PLACARD IS NOT DISPLAYED EW N R 1004 FINANCIAL RESPONSIBILITY 400(3) NO FINANCIAL RESPONSIBIUTY B R 450(1)(01 30 DAY NOTIFICATION BEFORE INSTALLATION OR UPGRADE NOT 1005 NOTIFICATION&REPORTING SUBMITTED N N 450(1)(02 10 DAY NOTIFICATK)N BEFORE UST INTERNAL INSPECTION,CHANGE IN SERVICE STATUS,CLOSURE,OR CLOSURE 1006 NOTIFICATION&REPORTING ASSESSMENT NOT SUBMITTED N N 450(1)(03 48 HOUR NOTIFICATION BEFORE INSTALLATION/CLOSURE ACTMTY,UST INTERNAL INSPECTION,CHANGE IN SERVICE STATUS,AND TIGHTNESS TESTS NOT 1007 NOTIFICATION&REPORTING SUBMITTED N N 450(1)(0)4 EMERGENCY OUT-OF-SERVICE NOTIFICATION BEFORE NEXT BUSINESS DAY 1008 NOTIFICATION&REPORTING NOT SUBMITTED N N 450(1Hb) REGISTRATION UPDATE AFTER CHANGE OF OWNERSHIP,CLOSURE/UPGRADE,OR CHANGE IN FINANCIAL RESPONSIBIUTY NOT 1009 NOTIFICATION&REPORTING SUBMITTED WITHIN 30 DAYS N N 450(2) INCIDENT NOT REPORTED WITHIN 24 HOURS 1010 NOTIFICATION&REPORTING OR BY NEXT BUSINESS DAY N N 450(3)(0 DISCHARGE NOT REPORTED WITHIN 24 1011 NOTIFICATION&REPORTING HOURS OR BY NEM BUSINESS DAY B N 450(3)(b) COPY OF ANALYTICAL OR FIELD TEST RESULTS CONFIRMING DISCHARGE NOT 1012 NOTIFICATION&REPORTING SUBMITTED WITH DRF N R CATEGORY C SYSTEMS-GENERAL 500(1)(.) SITING REQUIREMENTS NOT MET 1013 PERFORMANCE N I 500(1)(b) IMPERVIOUS SPILL CONTAINMENT NOT CATEGORY C SYSTEMS-GENERAL INSTALLED OR DOES NOT MEET 1014 PERFORMANCE STANDARDS B I CATEGORY C SYSTEMS-GENERAL 500(1)(0) DISPENSING SYSTEMS DO NOT MEET 1015 PERFORMANCE STANDARDS N I CATEGORY C SYSTEMS-GENERAL 500(1)(01-2 SECONDARY CONTAINMENT/LINERS DOES 1016 PERFORMANCE NOT MEET GENERAL STANDARDS B I CATEGORY C SYSTEMS-GENERAL 500(1)(07 CONCRETE SECONDARY CONTAINMENT 1017 PERFORMANCE DOES NOT MEET STANDARDS B I 500(1)(e)2 CATHODIC PROTECTION TEST CATEGORY C SYSTEMS-GENERAL STATION/METHOD AND OPERATION DOES 1018 PERFORMANCE NOT MEET REQUIREMENTS N 500(1)(e)4 SECONDARY CONTAINMENT NOT PROPERLY DESIGNED OR CONSTRUCTED FOR RELEASE DETECTION,BREECH OF CATEGORY C SYSTEMS-GENERAL INTEGRITY,OR CATHODIC PROTECTION 1019 PERFORMANCE N CATEGORY C SYSTEMS-GENERAL 500(1)(e)5 FAILURE TO ALLOW FOR/PERFORM A 1020 PERFORMANCE BREACH OF INTEGRITY TEST N I CATEGORY C SYSTEMS-GENERAL 550(1)(e)6 FAILURE TO PROVIDE A MONITORING POINT 1021 PERFORMANCE FOR SECONDARY CONTAINMENT N I CATEGORY C SYSTEMS-GENERAL 500(1)(07 HYDRANT PIT SECONDARY CONTAINMENT 1022 PERFORMANCE DOES NOT MEET STANDARD,- N 1 CATEGORY C SYSTEMS-GENERAL 500(1)(0 UNDERGROUND TANK RE'. 1023 PERFORMANCE REOUIREMENTS NOT MET N I CATEGORY SYSTEMS-GENERAL 000(1)(h) REUSED TANKS NOT PROPER'Y -IED 1024 PERFORMANCE N R 500(2)(0) NOT INSTALLED ACCORDING TO 1025 CATEGORY C SYSTEMS-UST SYSTEMS MANUFACTURER'S INSTRUCTIONS N I 500(2)(b) INSTALLED ACCORDING TO REFERENCE STANDARDS-NFPA 30,NFPA 30A,API 1615, 1028 CATEGORY C SYSTEMS-UST SYSTEMS PEI 100 B i 500(2)(e) WORK NOT PERFORMED BY A CERTIFIED 1027 CATEGORY C SYSTEMS-UST SYSTEMS CONTRACTOR N R 500(2)(d) TANK AND INTEGRAL PIPING NOT TESTED PROPERLY(TIGHTNESS OR APPROVED 1028 CATEGORY C SYSTEMS-UST SYSTEMS TEST METHOD) N I 500(3) TANK NOT CONSTRUCTED TO STANDARDS, OR APPROVED PER 62-761.850(2) 1029 CATEGORY C SYSTEMS-UST SYSTEMS N I 500(4) NOT INSTALLED WITH SECONDARY 1030 CATEGORY C SYSTEMS-UST SYSTEMS CONTAINMENT B I 500(5) UST NOT PROVIDED ogre OVERFILL 1031 CATEGORY C SYSTEMS-UST SYSTEMS PROTECTION B I 500(5)(a) FILLBOX COVERS NOT MARKED ACCORDING TO API RP 1637,OR EQUIVALENT METHOD 1032 CATEGORY C SYSTEMS-UST SYSTEMS N I 500(5)(b) FAILURE TO PROVIDE OVERFILL THAT SHUTS OFF/RESTRICTS FLOW OR TRIGGERS 1033 CATEGORY C SYSTEMS-UST SYSTEMS ALARM B I 500(8) DISPENSER LINERS NOT INSTALLED, TESTED AND ALLOW FOR INTERSTITIAL 1034 CATEGORY C SYSTEMS-UST SYSTEMS MONITORING B I 500(7) PIPING SUMPS NOT INSTALLED,TESTED AND ALLOW FOR INTERSTITIAL MONITORING 1035 CATEGORY C SYSTEMS-UST SYSTEMS B I 500(8)(01,2 NOT INSTALLED ACCORDING TO REFERENCE STANDARDS-NFPA3O,300. ASME B31 4,AND MANUFACTURER'S 1036 CATEGORY C SYSTEMS-INTEGRAL PIPING INSTRUCTIONS 8 I 500(8)(0)3 BULK PRODUCT UST PIPING NOT APPROPRIATELY TESTED BEFORE PLACED 1037 CATEGORY C SYSTEMS-INTEGRAL PIPING IN SERVICE N I 80018X014 NEW PIPING NOT IN CONTACT WItH SL31L 1038 NOT INSTALLED TO STANDARDS B I 500(8-b) PIPING NOT MEETING REFERENCE STANDARDS AND/OR APPROVED PER 62- 1039 CATEGORY C SYSTEMS-INTEGRAL PIPING 761.850(2) B R 500(8)(e)1 SMALL DIAMETER PIPING PRESSURIZED, SHEAR,EMERGENCY SHUTOFF VALVES NOT 1040 CATEGORY C SYSTEMS-INTEGRAL PIPING PROPERLY INSTALLED N I 500(8)(e)2 SMALL DIAMETER PIPING WITH GRAVITY- HEAD:ISOLATION VALVES NOT PROPERLY INSTALLED AND NOT MEETING NFPA 304 1041 CATEGORY C SYSTEMS-INTEGRAL PIPING SECTION 2-1.7 N I 500(8)(d) BULK PRODUCT PIPING NOT INSTALLED ACCORDING TO REFERENCE STANDARDS- 1042 CATEGORY C SYSTEMS-INTEGRAL PIPING NFPA 30,30A,ASME 031.4 B I 500(8)(e)1 PIPING IN SOIL OR OVER WATER DOES NOT 1043 CATEGORY C SYSTEMS-INTEGRAL PIPING HAVE SECONDARY CONTAINMENT B 500(8)(02,3 BULK PRODUCT AND REMOTE FILL PIPING IN SOIL DOES NOT WIVE SECONDARY 1044 CATEGORY C SYSTEMS-INTEGRAL PIPING CONTAINMENT 8 I 1 6 02 501(1)(81 CATHODIC PROTECTION TEST C'- TORY C SYSTEMS GENERAL STATION/MONITORING METHOD NOT 1045 r. RMANCE DESIGNED AND INSTALLED PROPERLY N 1 501(1x83 CATHODIC PROTECTION NOT DESIGNED BY 1046 CORROSION PROFESSIONAL N I •MS-GENERAL 510(1)0)1 SHEAR OR EMERGENCY SHUTOFF VALVES 1047 - NOT INSTALLED BY 12/31/1998 B CATEGORY NB SYSTEMS-GENERAL 510(1xb)2 NO CATHODIC PROTECTION TEST STATION 1045 PERFORMANCE METHOD BY 12/31/1998 N CATEGORY NB SYSTEMS-GENERAL 510(1)(6)3 FILL BOXES COLOR-NOT CODED BY 1049 PERFORMANCE 12/31/1998 N CATEGORY NB SYSTEMS-GENERAL 510(1)(0)4 ASTS REINSTALLED AS USTS NOT MEETING 1050 PERFORMANCE RULE BY 12/31/1998 N R CATEGORY A18 SYSTEMS-GENERAL 510(1)(c) NO CLOSURE ASSESSMENT PRIOR TO TANK 1051 PERFORMANCE SYSTEM COMPONENT UPGRADE B R 510(11(d) NO VALVES MEETING NFPA30A STANDARDS CATEGORY NB SYSTEMS-GENERAL INSTALLED FOR PIPING SYSTEMS WITH 1052 PERFORMANCE GRAVITY HEAD N CATEGORY NB SYSTEMS-GENERAL 510(1)(e) NO SECONDARY CONTAINMENT FOR PIPE 1053 PERFORMANCE OVER WATER BY 12/31/2004 B 510(3)(a) CATEGORY BUSTS NOT INSTALLED WITH 1054 CATEGORY NB SYSTEMS-UST SYSTEMS SECONDARY CONTAINMENT A 510(3xb) HAZARDOUS SUBSTANCE USTS INSTALLED AFTER 1/1/1991 DOES NOT HAVE 1055 CATEGORY NB SYSTEMS-UST SYSTEMS SECONDARY CONTAINMENT A 510(4) PIPING NOT INSTALLED WITH SECONDARY CONTAINMENT AFTER 12/31/1990 1056 CATEGORY NB SYSTEMS-UST SYSTEMS A I 510(5) ALL SYSTEMS NOT MEETING 1057 CATEGORY NB SYSTEMS-UST SYSTEMS REQUIREMENTS OF TABLE UST r. 1 600(1)(0)1 CANNOT DETECT A NEW RELEASE FROM 1055 RELEASE DETECTION-GENERAL ANY PORTION OF THE SYSTEM N 600(1)042 NOT INSTALLED,CALIBRATED,OPERATED 1059 RELEASE DETECTION-GENERAL PER MANUFACTURERS SPECIFICATIONS N 600(10)3 NOT MEETING PERFORMANCE STANDARDS: NOR ALL MANUFACTURERS CLAIMS 1080 RELEASE DETECTION-GENERAL RETAINED N R 600(1)(4) RELEASE DETECTION METHOD NOT 1061 RELEASE DETECTION-GENERAL PROVIDED UPON INSTALLATION N R 600(1)(8) RELEASE DETECTION NOT PERFORMED AT 1062 RELEASE DETECTION-GENERAL LEAST ONCE A MONTH B R 600(1)(4) CONTINUOUS ELECTRONIC LEAK 1063 RELEASE DETECTION-GENERAL DETECTION NOT INSPECTED MONTHLY N R - WOO)(8 SITE SUITABILITY DETERMINATION NOT 1064 RELEASE DETECTION-GENERAL PERFORMED BY 12/31/1998 B R 60011)(9) VAPOR MONITORING PLANS NOT IN PLACE 1065 RELEASE DETECTION-GENERAL BY 12/31/1998 B R 600(1)(h) NO INTERSTITIAL MONITORING FOR 1066 RELEASE DETECTION-GENERAL SECONDARY CONTAINMENT B 600(1)() UNE LEAK DETECTOR NOT PROVIDED FOR 1067 RELEASE DETECTION-GENERAL PRESSURIZED PIPING B 500(1x() STORAGE TANK SYSTEM WITHOUT RELEASE DETECTION BY DUE DATE NOT 1068 PERMANENTLY CLOSED B I 600(1Kk) MONITORING WELLS NO LONGER USED FOR 1089 RELEASE DETECTION-GENERAL RELEASE DETECTION NOT CLOSED N 600(2) RELEASE DETECTION NOT PROVIDED 1070 RELEASE DETECTION-UST SYSTEMS ACCORDING TO TABLE RD A 600(3) GROUNDWATER MONITORING PLANS OR SPCC PLANS BEFORE 12/2090 DO NOT MEET 1071 RELEASE DETECTION-UST SYSTEMS 62-761 640(11A) N R 600(5) MONITORING WELLS NOT MEETING 62- 1072 RELEASE DETECTION-UST SYSTEMS 761 640(2)BY 12/31/1998 N R 610(1)(5) CATEGORIES A 6 B NO RELEASE DETECTION,AND RD NOT MEETING 1073 RELEASE DETECTION-GENERAL STANDARDS B 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 1074 RELEASE DETECTION-GENERAL PRESSURIZED PIPING. A 610(2) CATEGORY A 8 B SYSTEMS DO NOT HAVE 1075 RELEASE DETECTION-UST SYSTEMS RELEASE DETECTION METHOD A 61013x5)1 SINGLE WALLED SUCTION PIPING DOES NOT RELEASE DETECTION-SMALL DIAMETER HAVE ANNUAL LINE TEST OR 62-761640(2) 1076 PIPING METHOD B N 610(3)042 SINGLE WALLED PRESSURIZED PIPING DOES NOT HAVE MECHANICAL LEAK RELEASE DETECTION-SMALL DIAMETER DETECTORS/ANNUAL TIGHTNESS TEST,OR 1077 PIPING ELECTRONIC LEAK DETECTOR B RELEASE DETECTION-SMALL DIAMETER 610(3)(0) ABOVEGROUND PIPING NOT VISUALLY 1078 PIPING INSPECTED B N 610(3)(5) SECONDARY-CONTAINED PIPING IN CONTACT WITH SOIL DOES NOT HAVE: INTERSTITIAL MONITORING,UNE LEAK RELEASE DETECTION-SMALL DIAMETER DETECTOR IF APPLICABLE,ANDA BREACH 1079 PIPING OF INTEGRITY TESTING METHOD N 640(1)(e) 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 PROBABIUTY 1080 RELEASE DETECTION-GENERAL N R 640(1)(b) RELEASE DETECTION METHOD HAS NO DEP EQUIPMENT APPROVAL IN ACCORDANCE 1081 _ RELEASE DETECTION-GENERAL WITH 62-781.850(2) 640(1xc) NO RELEASE DETECTION RESPONSE LEVEL 1082 RELEASE DETECTION-GENERAL DESCRIBED IN WRITING 640(2)/) MONITORING WELL CONSTRUCTION 1083 RELEASE DETECTION-EXTERNAL STANDARDS NOT MET N 640(2)(c)2 FREE PRODUCT OR SHEEN PRESENT IN 1064 RELEASE DETECTION-EXTERNAL WELLS N 640(2x4)3 ANOTHER METHOD NOT USED WHEN<1'OF WATER IN WELL OR WATER ABOVE SLOTS 1085 RELEASE DETECTION-EXTERNAL N 640(2)(c)4 MONITORING WELL RECORDS DO NOT MEET 1086 RELEASE DETECTION-EXTERNAL RECORDING REQUIREMENTS N R 640(2)(8)2 VAPOR MONITORING WELLS RENDERED 1087 _RELEASE DETECTION-EXTERNAL INOPERATIVE N 640(2)(8)3 RELEASE DETECTION EQUIPMENT CANNOT DETECT APPROPRIATE CONTAMINANT LEVELS IN PARTS PER MILLION UNITS(PPM) 1085 RELEASE DETECTION-EXTERNAL N R 640(2)(8)4 VAPOR MONITORING USED WHERE 1089 RELEASE DETECTION-EXTERNAL EXISTING CONTAMINATION INTERFERES N R 640(2)045 VAPOR MONITORING PLAN NOT DEVELOPED AND IMPLEMENTED ACCORDING TO 1090 RELEASE DETECTION-EXTERNAL GUIDELINES N N 16C2 640(2)(o) PROBLEMS FOUND DURING VISUAL 1091 RELEASE DETECTION-EXTERNAL INSPECTIONS NOT NOTED N I 640(380)1 INTERSTITIAL MONITORING OF SECONDARY- CONTAINED SYSTEMS WITH NON- 1092 RELEASE DETECTION-INTERNAL APPROVED METHOD N R 640(3)00x3 1093 RELEASE DETECTION-INTERNAL REVACUUM MONITORING REQUIREMENTS N R 640(3)(04 DOES NOT MEET INTERSTITIAL MONITORING REQUIREMENTS FOR LINER SYSTEMS 1094 RELEASE DETECTION-INTERNAL N 640(0(b) INVENTORY CONTROL NOT MAINTAINED FOR SINGLE-WALLED VEHICULAR SYSTEMS 1088 RELEASE DETECTION-INTERNAL N R 640(3)(b)3 WATER FLUCTUATIONS1.0"NOT 1098 RELEASE DETECTION-INTERNAL INVESTIGATED,SYSTEM NOT TESTED N 640(3)(b)4 INVENTORY CONTROL PERFORMED FOR 1097 RELEASE DETECTION-INTERNAL SYSTEMS>30.000 GALLONS N R 640(3)(4) MANUAL TANK GAUGING DOES NOT MEET 1098 RELEASE DETECTION-INTERNAL REQUIREMENTS N R 640(3)(0 ATG SYSTEM NOT IN TEST MODE EVERY 30 1099 RELEASE DETECTION-INTERNAL DAYS NOR OPERATED CONTINUOUSLY N R 640(3x0) MONTHLY SIR ANALYSES NOT PROVIDING: LEAK THRESHOLD.MINIMUM DETECTABLE LEAK RATE,CALCULATED LEAK RATE.AND A 1100 RELEASE DETECTION-INTERNAL RESULT DETERMINATION N R 640(3)(8)9 MONTHLY SIR EVALUATIONS NOT RECORDED ON FORM 900(7)OR 1101 RELEASE DETECTION-INTERNAL EQUIVALENT N R 640(3)(( TIGHTNESS TESTING OPERATIONAL REQUIREMENTS NOT MET WHEN USED AS RELEASE DETECTION(TIGHTNESS TESTING 1102 RELEASE DETECTION-INTERNAL NOT MEET STANDARDS) N R 640(4)(0) UST UNE LEAK DETECTOR CANNOT DETECT RELEASE DETECTION-SMALL DIAMETER 3.0 GPH DISCHARGE.NOT TESTED 1103 PIPING ANNUALLY N R 640(4805 CONTINUOUSLY OPERATING INTERSTITIAL MONITOR CANNOT DETECT 10 GALL^NS OF RELEASE DETECTION-S" 'YR PRODUCT WITHIN HOUR AND SHL" 1104 PIPING PUMP N R REPAIRS OPERATION&4': LANCE- 700(1)(81 NOT REPAIRED COMPONENT WH I IS OR --'15 GENERAL COULD CAUSE A DISCHARGE N I REPAIRS OPERATION&Mr. 'ENANCE- 700(1)(82 NOT TAKEN OUT OF OPERATION l: 1108 GENERAL REPAIR IS MADE B REPAIRS OPERATION&MAINTENANCE- 700(1)(003 NOT REPAIRED PER NFPA30 OR L 1107 GENERAL APPLICABLE STANDARDS N REPAIRS OPERATION&MAINTENANCE- 700(104 REPAIRED COMPONF+'T''"b^ AS 1108 GENERAL APPLICABLE N REPAIRS OPERATION&MAINTENANCE- 700(180)5 REPAIRS TO TANKS 1109 GENERAL AUTHORIZED REPRESENTATIVE N REPAIRS OPERATION&MAINTENANCE- 700(180)6 PIPING THAT IS DAMAGED OR HAS 1110 GENERAL DISCHARGED IS NOT REPLACED N 700(18b)1 NOT OPERATED AND MAINTAINED TO 1111 REPAIRS OPERATION&MAINTENANCE-CP PROVIDE CONTINUOUS PROTECTION N 700(1)(b)2a NOT INSPECTED 6 MONTHS AFTER INSTALLATION OR REPAIR AND ANNUALLY/3 1112 REPAIRS OPERATION&MAINTENANCE-CP YEARS 700(1)(b)2b IMPRESSED CURRENT SYSTEM NOT 1113 REPAIRS OPERATION&MAINTENANCE-CP INSPECTED EVERY TWO MONTHS N R 700(1)(bx3 SYSTEMS THAT DO NOT MEET REQUIREMENTS NOT REPAIRED/TAKEN OUT 1114 REPAIRS OPERATION&MAINTENANCE-CP OF SERVICE N 700(1)(4)1 SPILL CONTAINMENT.DISPENSER LINERS AND PIPING SUMPS ACCESSIBLE;WATER REPAIRS OPERATION&MAINTENANCE-0& AND REGULATED SUBSTANCES NOT 1118 M REMOVED N 700(1)(4)2 NOT ENSURED VOLUME AVAILABLE IN TANK IS GREATER THAN THE VOLUME TRANSFERRED AND/OR FAILURE TO REPAIRS OPERATION&MAINTENANCE-0& MONITOR DURING PRODUCT TRANSFER 1118 M OPERATION N R REPAIRS OPERATION&MAINTENANCE-0&700(1803 RELEASE DETECTION DEVICES NOT TESTED 1117 M ANNUALLY N R 700(1)(4)5 INVENTORY CONTROL FOR VEHICULAR REPAIRS OPERATION&MAINTENANCE-0& FUEL TANKS WITHOUT SECONDARY 1118 M CONTAINMENT NOT USED N R 700(3) NOT TESTED BEFORE PLACING BACK INTO REPAIRS OPERATION&MAINTENANCE- SERVICE(TIGHTNESS/OTHER APPROVED 1119 UST SYSTEMS METHOD) N R 700(4) TANK NOT REPAIRED BY UNING PER API 1631.NOT INSPECTED PER NLPA 631 CH.B. AND CATHODIC PROTECTION NOT REPAIRS OPERATION&MAINTENANCE- INSTALLED PROPERLY,NOT TESTED IN 1120 UST SYSTEMS STATED TIME FRAMES N R 700(6) TANK UPGRADED WITH INTERNAL LINING REPAIRS OPERATION&MAINTENANCE- INSPECTED AND TIGHTNESS TESTED 10/5 1121 UST SYSTEMS YEARS N R 710(1) PERMANENT RECORDS NOT AVAILABLE WITHIN 5 WORKING DAYS NOTICE;NO 1122 RECORD KEEPING REASONABLE FACILITY ACCESS N N 710(2) RECORDS REQUIRING 2-YEAR DOCUMENTATION PERIOD NOT KEPT BY 1123 RECORD KEEPING FACIUTY N N 710(3) RECORDS REQUIRED FOR UFE OF SYSTEM 1124 RECORD KEEPING NOT KEPT BY FACILITY N N 800(1)(0)1 REQUIREMENTS NOT MET FOR OUT OF 1128 OUT OF SERVICE-GENERAL SERVICE SYSTEMS N 800(1)(82,4 UPGRADES AND TESTING NOT PERFORMED BEFORE RETURNING SYSTEM TO SERVICE 1128 OUT OF SERVICE GENERAL N 800(1)(b)1 NO TIGHTNESS/BREACH OF INTEGRITY TEST 1127 OUT OF SERVICE-UST SYSTEMS BEFORE RETURNING TO SERVICE N 800(1)(b)2 SYSTEM OUT OF SERVICE LONGER THAN 1128 OUT OF SERVICE-UST SYSTEMS ALLOWED TIME LIMIT N 800(288)1a UQUIDS AND SLUDGE NOT REMOVED FROM 1129 CLOSURE-GENERAL TANK(S) N 000(284)1b INTEGRAL PIPING NOT PROPERLY CLOSED. 1130 CLOSURE-GENERAL MANWAYS NOT SECURED N 800(288)3 MONITORING WELLS NOT CLOSED UPON 1131 CLOSURE-GENERAL SYSTEM CLOSURE N 800(2/b)1 UNMAINTAINED USTS NOT PROPERLY 1132 CLOSURE-ASSESSMENT CLOSED WITHIN 90 DAYS OF DISCOVERY B 800(2)(4)24 CLOSURE NOT PERFORMED ACCORDING TO API RP 1604 CHAPTER 1,3,4.5.7-PERMANENT CLOSURE REQUIREMENTS,STORAGE, DISPOSAL AND ACCORDING TO NFPA 30 1133 CLOSURE-UST SYSTEMS APPENDIX C N R 900(2)(4)2b NOT PROPERLY CLOSED IN PLACE NOR CERTIFIED CONTRACTOR PERFORMED 1134 CLOSURE-UST SYSTEMS TANK REMOVAL(S) N 800(38084b) CLOSURE ASSESSMENT REQUIRED AND 113& CLOSURE-ASSESSMENT NOT PERFORMED N R 16C2 800(3)(5) SAMPLING NOT IN ACCORDANCE WITH APRIL,1998"STORAGE TANK SYSTEM 1138 CLOSURE-ASSESSMENT CLOSURE ASSESSMENT REQUIREMENTS" N 500(3)0* CLOSURE ASSESSMENT NOT SUBMITTED 1137 CLOSURE-ASSESSMENT WITHIN60 DAYS B N 1138 DISCHARGE RESPONSE 820(1)$,(9).0) INCIDENT NOT PROMPTLY INVESTIGATED N N 820(1)(4) SPILL OR LOSS OF REGULATED SUBSTANCE INTO SECONDARY CONTAINMENT NOT REMOVED WITHIN THREE DAYS OF 1139 DISCHARGE RESPONSE DISCOVERY N 820(2)(18 ACTIONS NOT TAKEN IMMEDIATELY TO CONTAIN,REMOVE AND ABATE THE DISCHARGE;FREE PRODUCT PRESENT NOT 1140 DISCHARGE RESPONSE BEING REMOVED N 820(2)0)1 UNKNOWN DISCHARGE SOURCE NOT 1141 DISCHARGE RESPONSE INVESTIGATED PER NFPA 329 CH.385 N . 820(2)(b)2 REGULATED SUBSTANCE NOT REMOVED FROM SYSTEM TO PREVENT FURTHER 1142 DISCHARGE RESPONSE DISCHARGE TT THE ENVIRONMENT N R 820(203 FIR, -VAPOR HAZARDS 1143 DISCHARGE RESPONSE NC. TIGATED N R 1144 DISCHARGE RESPONSE 820(2)001 SY`: A,RED NOR CLOSED N R 820(255) SY- DIED UPON AGENCY DE -OF DISCHARGE OR 1145 DISCHARGE RESPONSE RE. ;TION ISSUE N R 620(2)(4)1 5` -STED WITHIN 3 DAYS TO 1148 DISCHARGE RESPONSE CCI. _;;HARGE,IF NECESSARY N R 820(2)(4)2 LEAKING SY STEM NOT PLACED OUT OF SERVICE WITHIN 3 DAYS OF DISCOVERY. UNTIL REPAIRED.REPLACED,OR CLOSED 1147 DISCHARGE RESPONSE N R 820(21(e) CONTAMINATED SOIL NOT EXCAVATED, DISPOSED OF OR STOCKPILED.IS MANAGED IN ACCORDANCE WITH CHAPTER 62-770, 1148 DISCHARGE RESPONSE FAC N R EQUIPMENT APPROVALS/ALTERNATE 850(1) FACIUTY NOT IN COMPLIANCE WITH 1549 PROCEDURES ALTERNATE PROCEDURE N R B50(2) EQUIPMENT NOT APPROVED BY EQUIPMENT APPROVALS/ALTERNATE DEPARTMENT BEFORE INSTALLATION OF 1150 PROCEDURESUSE N - 026-16 FACILITY OUT OF COMPLIANCE W':T' 1151 DISCHARGE PREVENTION&RESPONSE REQUIREMENTS OF CHAPTER 62-"6,. N 2001 REGISTRATION 40111X*-(b) SYSTEMS NOT REGISTERED N E 401(25.)15; 2002 REGISTRATION 4/11(21b) REGISTRATION FEES NOT PAID N R REGISTRATION PLACARD IS NOT DISPLAYED 2003 REGISTRATION 401(2)8)6 IN PLAIN VIEW N R 2004 FINANCIAL RESPONSIBIUTY 401(3) NO FINANCIAL RESPONSIBILITY B R 30 DAY NOTIFICATION BEFORE INSTALLATION OR UPGRADE NOT 2005 NOTIFICATION 8 REPORTING 451(1)0)1 SUBMITTED N N 10 DAY NOTIFICATION BEFORE API 653 INSPECTION,CHANGE IN SERVICE STATUS. CLOSURE.OR CLOSURE ASSESSMENT NOT 2006 NOTIFICATION&REPORTING 451(15.)2 SUBMITTED N N 48 HOUR NOTIFICATION BEFORE INSTALLATION/CLOSURE ACTIVITY.API 653 INSPECTION,CHANGE IN SERVICE STATUS. 2007 NOTIFICATION&REPORTING 451(1)063 AND TIGHTNESS TESTS NOT SUBMITTED N N EMERGENCY OUT-OF-SERVICE NOTIFICATION BEFORE NEXT BUSINESS DAY 2008 NOTIFICATION&REPORTING 451(1)04 NOT SUBMITTED N N REGISTRATION UPDATE AFTER CHANGE OF OWNERSHIP.CLOSURE/UPGRADE,OR CHANGE IN FINANCIAL RESPONSIBILITY NOT 2009 NOTIFICATION&REPORTING 451(11(b) SUBMITTED WITHIN 30 DAYS N N INCIDENT NOT REPORTED WITHIN 24 HOURS 2010 NOTIFICATION&REPORTING 451(2) OR BY NEXT BUSINESS DAY N N DISCHARGE NOT REPORTED WITHIN 24 2011 NOTIFICATION&REPORTING 451(35.) HOURS OR BY NEXT BUSINESS DAY B N COPY OF ANALYTICAL OR FIELD TEST RESULTS CONFIRMING DISCHARGE NOT 2012 NOTIFICATION 8 REPORTING 401(3)(b) SUBMITTED WITH DRF N R CATEGORY C SYSTEMS-GENERAL 2013 PERFORMANCE 501(1X* SITING REQUIREMENTS NOT MET N I CATEGORY C SYSTEMS-GENERAL AST SYSTEM EXTERIOR COATING DOES NOT 2014 PERFORMANCE 501(1)(b) MEET STANDARDS N I IMPERVIOUS SPILL CONTAINMENT NOT CATEGORY C SYSTEMS-GENERAL INSTALLED OR DOES NOT MEET 2018 PERFORMANCE 501(1)5) STANDARDS B I CATEGORY C SYSTEMS-P''=RAL DISPENSING SYSTEMS DO NOT MEET 2018 PERFORMANCE 501(1)(4) STANDARDS N I CATEGORY C SYSTEMS SAL SECONDARY CONTAINMENT/LINERS DOES 2017 PERFORMANCE 501(1%*1-2 NOT MEET STANDARDS B I CATEGORY C SYS' -'RAL CONCRETE SECONDARY CONTAINMENT 2018 PERFORMANCE 501(10)3 DOES NOT MEET STANDARDS B SECONDARY CONTAINMENT NOT PROPERLY DESIGNED OR CONSTRUCTED FOR CATEGORY C SYSTEMS-GENERA RELEASE DETECTION,OR CATHODIC 2018 PERFORMANCE 501(1)904 PROTECTION N , CATEGORY C SYSTEMS-GENERAL FAILURE TO ALLOW FOR/PERFORM A 2020 PERFORMANCE 501(15.)S BREACH OF INTEGRITY TEST N . CATEGORY C SYSTEMS-GENERAL FAILURE TO PROVIDE A MONITORING POINT 2021 PERFORMANCE 501(1)(0)6 FOR SECONDARY CONTAINMENT N CATEGORY C SYSTEMS-GENERAL HYDRANT PIT SECONDARY CONTAINMENT 2022 PERFORMANCE 501(1)(0)7 DOES NOT MEET STANDARDS N CATHODIC PROTECTION TEST CATEGORY C SYSTEMS-GENERAL STATION/MONRORING METHOD NOT 2023 PERFORMANCE 501(1501 DESIGNED AND INSTALLED PROPERLY N CATHODIC PROTECTION TEST CATEGORY C SYSTEMS-GENERAL STATION/METHOD AND OPERATION DOES 2024 PERFORMANCE 501(1)102 NOT MEET REQUIREMENTS N I CATHODIC PROTECTION NOT DESIGNED BY 2025 501(1)(03 CORROSION PROFESSIONAL N I CATEGORY C SYSTEMS-GENERAL ABOVEGROUND TANK RELOCATION 2028 PERFORMANCE 501(1X9) REQUIREMENTS NOT MET N I CATEGORY C SYSTEMS-GENERAL 2027 PERFORMANCE 501(1)(h) REUSED TANKS NOT PROPERLY CERTIFIED N R INSTALLED ACCORDING TO NFPA 30,NFPA 30A PEI RP 27695.AND TO 2029 CATEGORY C SYSTEMS-AST SYSTEMS D01(2)9) MANUFACTURERS INSTRUCTIONS N SHOP-FABRICATED TANKS NOT CONSTRUCTED TO REFERENCE STANDARDS OR APPROVED PER 62- 2029 CATEGORY C SYSTEMS-AST SYSTEMS 501(2Xb(1 761.850(2) N R FIELD-ERECTED TANKS NOT CONSTRUCTED TO REFERENCE STANDARDS OR APPROVED 2030 CATEGORY C SYSTEMS-AST SYSTEMS 501(2)0)2 PER 62-761.850(2) N R I 16C2 NEW FIELD ERECTED TANKS DOES NOT HAVE API 853 INSPECTION SCHEDULE 2031 CATEGORY C SYSTEMS MT SYSTEMS 5O1(2)(b)3 ESTABLISHED N R CATHODIC PROTECTION INSTALLATION 2032 CATEGORY C SYSTEMS-AST SYSTEMS 5O1(25b14 DOES NOT MEET REQUIREMENTS N R INSTALLED WITH SECONDARY CONTAINMENT FOR NON-EXEMPT MT 2033 CATEGORY C SYSTEMS-MT SYSTEMS 501(2)(c) SYSTEMS B CONTAINMENT BENEATH FIELD ERECTED 2034 CATEGORY C SYSTEMS-AST SYSTEMS 501(2502 TANK DOES NOT MEET API 650 B 1 DIKE FIELD CONTAINMENT DOES NOT 2038 CATEGORY C SYSTEMS-AST SYSTEMS 501(25020 MEETS NFPA 30 CH.2-3 B I 2038 CATEGORY C SYSTEMS-MT SYSTEMS 501)2)(c)3b 11O%CONTAINMENT NOT MET N CONTAINMENT NOT PROVIDED WITH 2037 CATEGORY C SYSTEMS-AST SYSTEMS 501(2)(0)3. DRAINAGE N PENETRATIONS THROUGH CONTAINMENT 2038 CATEGORY C SYSTEMS-MT SYSTEMS 501(2)(034 NOT PROPERLY SEALED N STEEL CONTAINMENT NOT TESTED PER UL 2039 CATEGORY C SYSTEMS-AST SYSTEMS 501(2)(030 142 N 1 2040 • CATEGORY C SYSTEMS-MT SYSTEMS 501(254)1 FUEL TRANSFER NOT MONITORED B OVERFILL PROTECTION NOT PERFORMED PER API RP 2360 FOR WATERFRONT FACIUTIES WITH FIELD ERECTED GASOLINE 2041 CATEGORY C SYSTEMS-MT SYSTEMS 501(2)(d)2 STORAGE TANKS B FILLBOX COVERS NOT MARKED ACCORDING 2042 CATEGORY C SYSTEMS-AST SYSTEMS 501(2)(4)3 TO API RP 1637,OR EQUIVALENT METHOD N LEVEL GAUGERII-LEVEL ALARM/PUMP 2043 CATEGORY C SYSTEMS-AST SYSTEMS 501(254)4 SHUTOFF/GAUGING SICK NOT PROVIDED B 1 DISPENSER UNERS NOT INSTALLED, TESTED AND ALLOW FOR INTERSTITIAL 2044 CATEGORY C SYSTEMS-MT SYSTEMS 501(250) MONITORING B PIPING SUMPS NOT INSTALLED,TESTED 2045 CATEGORY C SYSTEMS-MT SYSTEMS 501(2)(f) MD ALLOW FOR INTERSTITIAL MONITORING B NOT INSTALLED ACCORDING TO REFERENCE STANDARDS-NFPA3O 30A, ASME B31.4,AND MANUFACTURERS 2046 CATEGORY C SYSTEMS-INTEGRAL PIPING 501(3)).)1,2 INSTRUCTIONS B AST ASSOCIATED PIPING NOT APPROPRIATELY TESTED BEFORE PLACED 2047 CATEGORY C SYSTEMS-INTEGRAL PIPING 501(3))0)3 IN SERVICE N 1 NEW PIPING NOT IN CONTACT WITH SOIL 2048 CATEGORY C SYSTEMS-INTEGRAL PIPING 501(30.14 NOT INSTALLED TO STANDARDS B I PIPING NOT MEETING REFERENCE STANDARDS AND/OR APPROVED PER 62- 2049 CATEGORY C SYSTEMS-INTEGRAL PIPING 501(3)/b) 782851(2) 8 SMALL DIAMETER PIPING PRESSURIZED SHEAR,EMERGENCY SHUTOFF VALVES NOT 2080 CATEGORY C SYSTEMS-INTEGRAL PIPING 501(3)(01 PROPERLY INSTALLED N SMALL DIAMETER PIPING WITH GRAVITY- HEAD:ISOLATION VALVES NOT PROPERLY INSTALLED AND NOT MEETING NFPA 3SA 2051 CATEGORY C SYSTEMS-INTEGRAL PIPING 501(35c)2 SECTION 2-1.7 N BULK PRODUCT PIPING NOT INSTALLED ACCORDING TO REFERENCE STANDARDS- 2052 CATEGORY C SYSTEMS-INTEGRAL PIPING 501(354) NFPA 30,3OA,ASME 831.4 B PIPING IN SOIL OR OVER WATER DOES NOT 2053 CATEGORY C SYSTEMS-INTEGRAL PIPING 501(350)1 HAVE SECONDARY CONTAINMENT B BULK PRODUCT AND REMOTE FILL PIPING IN SOIL DOES NOT HAVE SECONDARY 2064 CATEGORY C SYSTEMS-INTEGRAL PIPING 501(3502-3 CONTAINMENT B CATEGORY NB SYSTEMS-GENERAL SHEAR OR EMERGENCY SHUTOFF VALVES 2056 PERFORMANCE 511(1)(b)1 NOT INSTALLED BY 12/31/1998 B CATEGORY NB SYSTEMS-GENERAL NO CATHODIC PROTECTION TEST STATION 2056 PERFORMANCE 511(15b)2 METHOD BY 12I3I/19S13 N I CATEGORY NB SYSTEMS-GENERAL UST'S REINSTALLED AS ASIS NOT MEETING 2067 PERFORMANCE 511(1503 RULE BY 12/31/1998 N R NO CLOSURE ASSESSMENT PRIOR TO TANK CATEGORY NB SYSTEMS-GENERAL SYSTEM COMPONENT INSTALLATION OR 2066 PERFORMANCE 511(1))0) UPGRADE B R NO VALVES MEETING NFPA 30A STANDARDS CATEGORY NB SYSTEMS-GENERAL INSTALLED FOR PIPING SYSTEMS WITH 2059 PERFORMANCE 511(154) GRAVITY HEAD N CATEGORY NB SYSTEMS-GENERAL NO SECONDARY CONTAINMENT FOR PIPE 2080 PERFORMANCE 511(1)(0) OVER WATER BY 1221/2004 8 FUS NOT MET 1761 REQUIREMENTS BY 2081 CATEGORY NB SYSTEMS-AST SYSTEMS 511(2)(0) 1/1/1990 IF APPUCABLE A N CATEGORY B MTS NOT INSTALLED WITH 2062 CATEGORY NB SYSTEMS-MT SYSTEMS 511(2)(b) SECONDARY CONTAINMENT A CATEGORY 8 PIPING NOT INSTALLED WITH 2063 CATEGORY NB SYSTEMS-AST SYSTEMS 511(2)(.) SECONDARY CONTAINMENT A CATEGORY A 8 B ASTS DO NOT MEET 2064 CATEGORY NB SYSTEMS-AST SYSTEMS 515250 REQUIREMENTS OF TABLE MT A CANNOT DETECT A NEW RELEASE FROM 2065 RELEASE DETECTION-GENERAL 801(1))9)1 ANY PORTION OF THE SYSTEM N NOT INSTALLED,CALIBRATED,OPERATED 2066 RELEASE DETECTION-GENERAL 801(1)(92 PER MANUFACTURERS SPECIFICATIONS N NOT MEETING PERFORMANCE STANDARDS; NOR ALL MANUFACTURER'S CLAMS 2087 RELEASE DETECTION-GENERAL 801(150)3 RETAINED N a RELEASE DETECTION METHOD NOT 2008 RELEASE DETECTION-GENERAL 831(1 50 PROVIDED UPON INSTALLATION N n RELEASE DETECTION NOT PERFORMED AT 2069 RELEASE DETECTION-GENERAL 801(1))4) LEAST ONCE A MONTH B R VISIBLE STORAGE TANK COMPONENTS AND CONTINUOUS ELECTRONIC LEAK 2070 RELEASE DETECTION-GENERAL 601(150) DETECTION NOT INSPECTED MONTHLY N R SITE SUITABILITY DETERMINATION NOT 2071 RELEASE DETECTION-GENERAL 801(1)()) PERFORMED BY 1112000 B R VAPOR MONITORING PLANS NOT IN PLACE 2072 RELEASE DETECTION-GENERAL 041(1Xg) BY 1/1/20130 B R NO INTERSTITIAL MONITORING FOR 2073 RELEASE DETECTION-GENERAL 601(1)(h) SECONDARY CONTAINMENT B LINE LEAK DETECTOR NOT PROVIDED FOR 2074 RELEASE DETECTION-GENERAL 801(1)0) PRESSURIZEDPIPING B STORAGE TANK SYSTEM WITHOUT RELEASE DETECTION BY DUE DATE NOT 2076 RELEASE DETECTION-GENERAL 801(1(5) PERMANENTLY CLOSED B 1 MONITORING WELLS NO LONGER USED FOR 2076 RELEASE DETECTION-GENERAL 601(1 516 RELEASE DETECTION NOT CLOSED N GROUNDWATER MONITORING OR SPCC PLANS SHALL NOT MEETING 62-761.640(1()A) 2077 RELEASE DETECTION-MT SYSTEMS 601(250) BY 12/31/1998 N R MONITORING WELLS DO NOT MFF' 2079 RELEASE DETECTION-MT SYSTEMS 601(25b) 761 640(2)BY 1/12000 OR NOT C:..'.'. N RELEASE DETECTION FOR F'F' TANKS DOES NOT MEET AP' 2079 RELEASE DETECTION-AST SYSTEMS 601(2)(0 APPENDIX I N R 16C2 RELEASE DETECTION FOR INTERNALLY- RELEASE DETECTION-AST SYSTEMS 601(2)(d) UNED TANKS DOES NOT MEET 62-761.640(2) B ! NO RELEASE DETECTION FOR MT PIPING IN 2081 RELEASE DETECTION-AST SYSTEMS 601(2Xe) CONTACT WITH THE SOIL B GROUNDWATER MONITORING PLAN OR SPCC PLAN NOT MEETING 62-761.611 BY 2082 RELEASE DETECTION-MT SYSTEMS 601(255 12/31/1999 N VISUAL INSPECTION FOR HIGH VISCOSITY 2063 RELEASE DETECTION-MT SYSTEMS 601(2)(9) ASTS B CATEGORIF,> -t EASE DETECTION 2084 RELEASE DETECTION-GENERAL 611(1)0) NOT MEET '/DS B CATEGORY ;;,sDOES NOT HAVE APPROVED RELEASE DETECTION METHOD- INTERSTITIAL MONITORING.LEAK DETECTOR AND BREACH OF INTEGRITY AS 2066 RELEASE DETECTION-GENERAL 611(17(b) APPLICABLE A CATEGORY A&B TANKS DOES NOT HAVE 2066 RELEASE DETECTION-MT SYSTEMS 611(2X$1 APPROVED RELEASE DETECTION METHOD A VISUAL INSPECTION OF EXEMPT OR SINGLE WALLED MT SYSTEM AND CONTAINMENT 2067 RELEASE DETECTION-MT SYSTEMS 611(2)(6)2 NOT PERFORMED ONCE A MONTH B N INTERNALLY UNED AND CUT AND COVER TANKS DO NOT HAVE RELEASE DETECTION 2068 RELEASE DETECTION-AST SYSTEMS 611(254X7 METHOD B N VISUAL INSPECTIONS NOT CONDUCTED 2089 RELEASE DETECTION-MT SYSTEMS 611(2)($ PROPERLY ONCE A MONTH B N SINGLE WALLED SUCTION PIPING DOES NOT RELEASE DETECTION-SMALL DIAMETER HAVE ANNUAL UNE TEST OR 62-761.641 2090 PIPING 611(356)1 METHOD B N SINGLE WALLED PRESSURIZED PIPING DOES NOT HAVE MECHANICAL LEAK RELEASE DETECTION-SMALL DIAMETER DETECTORS/ANNUAL TIGHTNESS TEST.OR 2091 PIPING 611(3)(62 ELECTRONIC LEAK DETECTOR B RELEASE DETECTION-SMALL DIAMETER SUCTION PUMP-NO WRITTEN 2092 PIPING 611(3)($36 VERIFICATION OF OPTIONAL CHECK VALVE B I RELEASE DETECTION-SMALL DIAMETER ABOVEGROUND PIPING NOT VISUALLY 2093 PIPING 611(7(b) INSPECTED B N SECONDARY-CONTAINED PIPING IN CONTACT WITH SOIL DOES NOT HAVE: INTERSTITIAL MONITORING.LINE LEM RELEASE DETECTION-SMALL DIAMETER DETECTOR IF APPLICABLE,AND A BREACH 2094 PIPING 611(3)(6) OF INTEGRITY TESTING METHOD N I SINGLE WALLED BULK PRODUCT PIPING IN CONTACT WITH SOIL NOT PRESSURE RELEASE DETECTION-BULK&HYDRANT TESTED YEARLY NOR MONTHLY RELEASE 2095 PIPING 611(3)(d)1 DETECTION SYSTEM B N RELEASE DETECTION-BULK&HYDRANT NO MONTHLY VISUAL INSPECTION OF 2698 PIPING 611(3)(0)2 ABOVEGROUND OR EXEMPT PIPE 6 N SECONDARILY CONTAINED PIPING IN CONTACT WITH SOIL DOES NOT HAVE RELEASE DETECTION-BULK 8 HYDRANT INTERSTITIAL MONITORING AND BREACH OF 2097 PIPING 611(3)0}3 INTEGRITY B DEVICE DOES NOT MEET GENERAL STANDARDS;CANNOT DETECT 0.2 GALMR OR 150 GALLON RELEASE WITHIN 30 DAYS, WITH 0.95 DETECTION PROBABIUTY AND 2098 RELEASE DETECTION-GENERAL 641(1)0) 0.05 FALSE ALARM PROBABIUTY N R RELEASE DETECTION METHOD HAS NO DEP EQUIPMENT APPROVAL IN ACCORDANCE 2099 RELEASE DETECTION-GENERAL 641(1)0b) WITH 62-762.851(2) N R NO RELEASE DETECTION RESPONSE LEVEL 2100 RELEASE DETECTION-GENERAL 641(1)(0) DESCRIBED IN WRITING N R MONITORING WELL CONSTRUCTION 841(25/)& STANDARDS NOT MET;SITE SUITABILITY 2101 RELEASE DETECTION-EXTERNAL 641(2)(6) NOT PERFORMED PROPERLY N GROUNDWATER MONITORING NOT 2102 RELEASE DETECTION-EXTERNAL 641(2)(0) PERFORMED TO STANDARDS N VAPOR MONITORING NOT PERFORMED TO 2103 RELEASE DETECTION-EXTERNAL 641(2)0) STANDARDS N PROBLEMS FOUND DURING VISUAL 2104 RELEASE DETECTION-EXTERNAL 641(25.) INSPECTIONS NOT NOTED N INTERSTITIAL MONITORING METHOD DOES 2109 RELEASE DETECTION-INTERNAL 641(3)($1 NOT MEET STANDARDS N R DOES NOT MEET VACUUM MONITORING 2106 RELEASE DETECTION-INTERNAL 641(3)0$3 METHOD STANDARDS N K INTERSTITIAL MONITORING METHOD FOR UNER SYSTEMS DOES NOT MEET 2107 RELEASE DETECTION-INTERNAL 641(3X4)4 STANDARDS N INVENTORY CONTROL NOT MAINTAINED 2108 RELEASE DETECTION-INTERNAL 64113X4)2_ FOR SHOP-FABRICATED ASTS N INVENTORY CONTROL NOT MAINTAINED 2109 RELEASE DETECTION-INTERNAL 641(3)(6)3 FOR FIELD-ERECTED ASTS N REPAIRS OPERATION&MAINTENANCE- NOT REPAIRED COMPONENT WHICH HAS OR 2110 GENERAL 7010X$1 COULD CAUSE A DISCHARGE N REPAIRS OPERATION&MAINTENANCE- NOT TAKEN OUT OF OPERATION UNTIL 2111 GENERAL 701(15$2 REPAIR IS MADE B REPAIRS OPERATION&MAINTENANCE- NOT REPAIRED PER NFPA 30 0R OTHER 2112 GENERAL 701(1)0$3 APPLICABLE STANDARDS • REPAIRS OPERATION&MAINTENANCE- REPAIRED COMPONENTS NOT TESTED AS 2113 GENERAL 701(1)(6)4 APPLICABLE N REPAIRS OPERATION&MAINTENANCE- REPAIRS TO TANKS NOT MADE BY 2114 GENERAL 701(154)5 AUTHORIZED REPRESENTATIVE N REPAIRS OPERATION&MAINTENANCE- PIPING THAT IS DAMAGED OR HAS 2116 GENERAL 701(1506 DISCHARGED IS NOT REPLACED N NOT CPE.RA-77 STY MAINTAINED TO 2116 REPAIRS OPERATION&MAINTENANCE-CP 701(1)(5)1 PR"' 'ROTECTON N NC; -.THS AFTER INSTALA/ION OR REPAIR AND ANNUALLY/3 2117 REPAIRS OPERATION&MAINTENANCE-CP 701(1)(6)2. YEARS N IMPRESSED CURRENT SYSTEM NOT 2118 REPAIRS OPERATION&MAINTENANCE-CP 701(1)(b)23 INSPECTED EVERY TWO MONTHS N R SYSTEMS THAT DO NOT MEET REQUIREMENTS NOT REPAIRED/TAKEN OUT 2119 REPAIRS OPERATION&MAINTENANCE-CP 701(1X6)3 OF SERVICE SPILL CONTAINMENT,DISPENSER LINERS AND PIPING SUMPS ACCESSIBLE;WATER REPAIRS OPERATION&MAINTENANCE-0& AND REGULATED SUBSTANCES NOT 2120 M 701(1)(0)1 REMOVED N NOT ENSURED VOLUME AVAILABLE IN TANK IS GREATER THAN THE VOLUME TRANSFERRED AND/OR FAILURE TO REPAIRS OPERATION&MAINTENANCE-O& MONITOR DURING PRODUCT TRANSFER 2121 M 701(1)0)2 OPERATION N R REPAIRS OPERATION&MAINTENANCE-0& RELEASE DETECTION DEVICES NOT TESTED 2122 M 701(150)3 ANNUALLY N R 16C2 2 INVENTORY CONTROL FOR VEHICULAR REPAIRS OPERATION 8 MAINTENANCE-O& FUEL TANKS WITHOUT SECONDARY 5123 M 701(1506 CONTAINMENT NOT USED N R REPAIRS OPERATION&MAINTENANCE- STORMWATER NOT DRAWN OFF WITHIN 2124 AST SYSTEMS 701(2)(0)1 ONE WEEK N I REPAIRS OPERATION&MAINTENANCE- STORMWATER WAS DISCHARGED 2125 AST SYSTEMS 701(250)2 UNTREATED WHEN R HAS A VISIBLE SHEEN N I REPAIRS OPERATION&MAINTENANCE- DRAIN VALVES NOT KEPT CLOSED EXCEPT 2126 AST SYSTEMS 701(250 WHEN DRAWING OFF STORMWATER N I REPAIRS OPERATION 8 MAINTENANCE- FIELD ERECTED TANKS NOT EVALUATED, 2127 AST SYSTEMS 701(3) RETESTED.AND/OR REPAIRED PER API 653 N I REPAIRS OPERATION&MAINTENANCE- SMALL DIAMETER PIPING NOT TIGHTNESS 2128 MT SYSTEMS 701(450 TESTED BEFORE RETURNING TO SERVICE N R REPAIRS OPERATION 8 MAINTENANCE- BULK/HYDRANT PIPING NOT PRESSURE 2129 AST SYSTEMS 701)4)(b) TESTED BEFORE RETURNING TO SERVICE N R BULK PRODUCT PIPING OVER WATER NOT REPAIRS OPERATION 8 MAINTENANCE- TESTED ANNUALLY;NOT MAINTAINED PER 2130 AST SYSTEMS 701(5) CFR 33 N R REPAIRS OPERATION&MAINTENANCE- SECONDARY CONTAINMENT NOT REPAIRED 2131 AST SYSTEMS 701(6) PER62-761.500(1)(E) N I PERMANENT RECORDS NOT AVAILABLE WITHIN 5 WORKING DAYS NOTICE;NO 2132 RECORD KEEPING 711(1) REASONABLE FACILITY ACCESS N N RECORDS REQUIRING 2-YEAR DOCUMENTATION PERIOD NOT KEPT BY 2133 RECORD KEEPING 711(2) FACILITY N N RECORDS REQUIRED FOR UFE OF SYSTEM 2134 RECORD KEEPING 711(3) NOT KEPT BY FACILITY N N REQUIREMENTS NOT MET FOR FIELD- ERECTED TANKS TAKEN TEMPORARILY OUT 2136 OUT OF SERVICE-GENERAL 001(1) OF SERVICE N REQUIREMENTS NOT MET FOR OUT OF 2136 OUT OF SERVICE-GENERAL 801(2)0.)1 SERVICE SYSTEMS N I UPGRADES AND TESTING NOT PERFORMED 2137 OUT OF SERVICE-GENERAL 601(252)2 BEFORE RETURNING SYSTEM TO SERVICE N i SYSTEM OUT OF SERVICE LONGER THAN 2138 OUT OF SERVICE-UST SYSTEMS 801(25213 ALLOWED TIME UMIT N NO TIGHTNESS/BREACH OF INTEGRITY TEST 2135 OUT OF SERVICE-UST SYSTEMS 801(2)944 BEFORE RETURNING TO SERVICE N ASTS WITHOUT SECONDARY CONTAINMENT 2140 OUT OF SERVICE-AST SYSTEMS 801(2)(b) OUT OF SERVICE FOR MORE THAN 5 YEARS N 1 SHOP-FABRICATED AND FIELD-ERECTED ASTS NOT RECEIVING INSPECTION 8 EVALUATION PRIOR TO RETURN TO 2141 OUT OF SERVICE-AST SYSTEMS 001(2)).) SERVICE N FIELD ERECTED TANK PRODUCT CHANGE 2142 OUT OF SERVICE-AST SYSTEMS 001(2)(1) DOES NOT COMPLY WITH API 653 N R LIQUIDS AND SLUDGE NOT REMOVED FROM 2143 CLOSURE-GENERAL 00113)(.11. TANK(S) N I INTEGRAL PIPING NOT PROPERLY CLOSED. 2144 CLOSURE-GENERAL 801(3)0.)1b MANWAYS NOT SECURED N I MONITORING WELLS NOT CLOSED UPON 2145 CLOSURE-GENERAL 001135.13 SYSTEM CLOSURE N I UNMAINTAINED MT SYSTEMS NOT PROPERLY CLOSED WITHIN 90 DAYS OF 2146 CLOSURE-AST SYSTEMS 901(35b) DISCOVERY B I NOT RENDERED FREE OF EXPLOSIVE 2147 CLOSURE-AST SYSTEMS 801(3)(0 VAPORS N I NOT PROTECTED FROM FLOTATION 2146 CLOSURE-AST SYSTEMS 801)3))d) ACCORDING TO NFPA 30,SECTION 2-6 N I CLOSURE ASSESSMENT REQUIRED AND 2145 CLOSURE-ASSESSMENT 901(45.18(b) NOT PERFORMED N R SAMPLING NOT IN ACCORDANCE WITH APRIL 1998-STORAGE TANK SYSTEM 2150 CLOSURE•ASSESSMENT 801(450 CLOSURE ASSESSMENT REQUIREMENTS" N R CLOSURE ASSESSMENT NOT SUBMITTED 2151 CLOSURE-ASSESSMENT 801(45/) WITHIN 60 DAYS B N NO WRITTEN CERTIFICATION WITHIN 10 DAYS OF SECONDARY CONTAINMENT UPGRADE FOR ANTS<110D GALLONS.IN 2152 CLOSURE-AST SYSTEMS 601(4)b)5 LIEU OF CLOSURE N R 2163 DISCHARGE RESPONSE 021(1)(4),(0),(0 INCIDE,,,,,+PROMPTLY INVESTIGATED N N 6F. :TF REGULATED SUBSTANCE INT::_,L„„-,_,\RY CONTAINMENT NOT REMOVED WITHIN THREE DAYS OF 2154 ,DISCHARGE RESPONSE 821(1x/) DISCOVERY N N ACTIONS NOT TAKEN IMMEDIATELY TO CONTAIN,REMOVE AND ABATE THE DISCHARGE;FREE PRODUCT PRESENT NOT 2166 DISCHARGE RESPONSE 821(2x.) BEING REMOVED N R I UNKNOWN DISCHARGE SOURCE NOT 2156 DISCHARGE RESPONSE 021(2)(b)1 INVESTIGATED PER NFPA 329 CH.385 N R REGULATED SUBSTANCE NOT REMOVED FROM SYSTEM TO PREVENT FURTHER 2157 DISCHARGE RESPONSE 021(2Xb)2 DISCHARGE TO THE ENVIRONMENT N R FIRE,EXPLOSION,AND VAPOR HAZARDS 2158 DISCHARGE RESPONSE 821(2Xb)3 NOT IDENTIFIED AND MITIGATED N R 2139 DISCHARGE RESPONSE 821(2)(1S4 SYSTEM NOT REPAIRED NOR CLOSED N R SYSTEM NOT TESTED UPON AGENCY DETERMINATION OF DISCHARGE OR 2160 DISCHARGE RESPONSE 021(2)(1) RELEASE DETECTION ISSUE N R SYSTEM NOT TESTED WITHIN 3 DAYS TO 2161 DISCHARGE RESPONSE 821(254)1 CONFIRM A DISCHARGE.IF NECESSARY N R LEAKING SYSTEM NOT PLACED OUT OF SERVICE WITHIN 3 DAYS OF DISCOVERY, 2162 DISCHARGE RESPONSE 621(2502 UNTIL REPAIRED,REPLACED.OR CLOSED N R CONTAMINATED SOIL NOT EXCAVATED, DISPOSED OF OR STOCKPILED,IS MANAGED IN ACCORDANCE WITH CHAPTER 62-770, 2163 DISCHARGE RESPONSE 021(2)(2) FAC N R EQUIPMENT APPROVALS/ALTERNATE FACIUTY NOT IN COMPLIANCE WITH 2164 PROCEDURES 051(1) ALTERNATE PROCEDURE N R EQUIPMENT NOT APPROVED BY EQUIPMENT APPROVALS/ALTERNATE DEPARTMENT BEFORE INSTALLATION OR 2166 PROCEDURES 851(2) USE N . R MINERAL ACID TANK SYSTEMS NOT 2166 MINERAL ACID SYSTEMS 851(354(5) REGISTERED WITH THE DEPARTMENT N R REGISTRATION PLACARD NOT DISPLAYED IN 2167 MINERAL ACID SYSTEMS 801(3x.) PLAN VIEW N R 1 6 02 NO NOTIFICATION OF CHANGE TO REGISTRATION INFORMATION OR NO REPORTING OF A RELEASE INTO SECONDARY CONTAINMENT WITHIN 2166 MINERAL ACID SYSTEMS 891(5) ESTABUSHEDTIMEFRAMES N N DISCHARGE REPORT NOT FILED FOR RELEASE OF MINERAL ACID SUBSTANCE IN EXCESS OF ESTABLISHED LEVELS,WITHIN 2169 MINERAL ACID SYSTEMS 891(6) 24 HRS/1 WORK DAY B N TANKS IN OPERATION BEFORE JULY 1,1982 DO NOT HAVE CONTAINMENT&INTEGRITY 2170 MINERAL ACID SYSTEMS 991(7)411 PLAN OR SECONDARY CONTAINMENT N NEW TANKS INSTALLED AFTER JULY 1,1992 2171 MINERAL ACID SYSTEMS 601(7)(.12 DO NOT HAVE SECONDARY CONTAINMENT A CONTAINMENT&INTEGRITY PLAN NOT 2172 MINERAL ACID SYSTEMS 891(7Xb) REVIEWEDNPDATED EVERY 2 YRS BY P.E. N R CONTAINMENT&INTEGRITY PLAN CONTAINS NO DOCUMENTATION ON CONSTRUCTION, MAINTENANCE,WATER LOCATION, 2173 MINERAL ACID SYSTEMS BB1(7Xb)1-7 CLEANUP PROCEDURES-AS REQUIRED N R NO PE CERTIFICATION DOCUMENTS PROPER SECONDARY CONTAINMENT, 2174 MINERAL ACID SYSTEMS 691(7)(c) WHERE CIP NOT USED N R TANKS INSTALLED AFTER JULY 1,1992 DO NOT HAVE SECONDARY CONTAINMENT& 2173 MINERAL ACID SYSTEMS B91(7)I LINERS INSTALLED AFTER JULY 13,1908 B PE CERTIFICATION OF TANK INSPECTION/MAINTENANCE NOT IN 2176 MINERAL ACID SYSTEMS 991(7)06 ACCORDANCE WITH CIP N R CONTAINMENT&INTEGRITY PLAN OR CERTIFICATION OF SECONDARY CONTAINMENT NOT AVAILABLE FOR 2177 MINERAL ACID SYSTEMS 891(8) INSPECTION N R APPROPRIATE ACTIONS NOT TAKEN IN THE EVENT OF A DISCHARGE-PRODUCT 2179 MINERAL ACID SYSTEMS 891(959) REMOVAL/TANK REPAIR-CLOSURE N I ACTION IMMEDIATELY NOT TAKEN TO CONTAIN,NEUTRALIZE,ABATE A 2179 MINERAL ACID SYSTEMS 891(91(b) DISCHARGE N FACIUTY OUT OF COMPLIANCE WITH 2190 DISCHARGE PREVENTION&RESPONSE 62N-16 REQUIREMENTS OF CHAPTER 62-IAN N N 16C2 2 Guidance Document Cl-AST Closure 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 ``a� O.P.rea,. 2600 Blair Stone Road, MS 4525 4' Tallahassee, Florida 32399-2400 ' T . www.dep.state.fl.us 1 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 APPENDIX B iii 16C2 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. 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 Page 1 of 12 1 C 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 16C2 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 islands),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 10 C C. 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 16C2 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 16C2 (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 1602 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 16C2 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 8of12 16C2 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.l.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 16C2 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 16CL±. 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 bc2 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 Sampling Protocol for Aboveground Storage Tank Systems (ASTs) Containing High Viscosity Pollutants, (Appendix A) and Heavy Fuel Oil Discharge Response Actions, FDEP May 2016, (Appendix B)]. Page 12 of 12 1 b C Appendix A Closure Sampling 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. 1. 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. 2. 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. 3. 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) 1 6 02 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. 4. 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. 5. 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. 6. A Closure Report will be generated for each tank within 60 days of data collection. This Closure Report will include a description of site investigation activities, analytical results,photographs of the individual test trench soil profiles, as well as conclusions and recommendations for future activities, if necessary. ii 1 6 C2 Appendix B Heavy Fuel Oil Discharge Response Actions 16C2 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 1 6 C 2 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 .4 6:, 16C 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 16C2 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 16CL 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 example, 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 I III I11A11 nnh!nu lnnm n71n7Y1eno in I IAAnl Ile I111AA Ca11I11np1 IIP 1P 110111a0Q1 II amply-min P 111101 IP-1 -!-1 1 6 C 2 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 u!y}ur. avv�c y...���+ Nvwvu.�u.� .v ......v...., .��.... ....aI t II" ♦„ .....t ,._..._ :r 16C2 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 1 6 C 2 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 PAHsl Reported wt%in USEPA Florida Florida Soil CTLs- (#of aromatic rings) No.6 Fuel Oi12(avg Carcinogenic Groundwater Res/CI(mg/kg)° and range) Potential3 CTLs(ug/L) Naphthalenes(2) 4.2E-3 N/C 14 55/300 2.1E-4-1.5E-2 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 N/C 210 2200/36,000 2.1E-3-4.8E-2 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 B2 0.05 Calculate based on 2.9E-3-1.5E-1 TEF of 0.1' 6.9E-2 Calculate based on Chrysene(4) B2 4.8 2.9E-3-3.1E-1 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 62 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 I 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 16C2 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 16C 2 Guidance Document C2 - UST Closure Instructions for Conducting Sampling During Underground Storage Tank Closure Permitting and Compliance Assistance Program Division of Waste Management Florida Department of Environmental Protection April 2016 e'a• OaPare44 2600 Blair Stone Road, MS 4525 4 Tallahassee, Florida 32399-2400 • T C www.dep.state.fl.us ,uncal o`a 16C2 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 •Par��•,' 2600 Blair Stone Road, MS 4525 Tallahassee, Florida 32399-2400 www.dep.state.fl.us ''•ee.l 0s 16C2 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 62-761, 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 Closure Report,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 1 of 9 16C2 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 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 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 2 of 9 16C2 initiation phase under 62-780, F.A.0 (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 3 of9 16C 2 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: • 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 Page 4of9 16C2 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: • 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 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 5of9 16C2 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 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 Page 6of9 16C2 • 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: • 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,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 7of9 16C 2 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 62-761.900(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 8 of 9 1 6 C 2 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 9of9 Guidance Document Dl 1 6 0 2 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. DEP Contract No.GC919,Guidance Document D1,Page 1 of 7 1 6 02 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 DEP Contract No.GC919,Guidance Document D1,Page 2 of 7 1 6 02 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: • Date of physical inspection. • All release detection methods for tanks, piping, and sumps listed. Description of any unusual operating conditions, such as alarms. • 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. • 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. • If certain system equipment was not inspected or could not be inspected, reason(s) for the lack of inspection recorded. • Any requests for and/or receipt of an INF or a DRF based on the records review or physical inspection findings. Installations: DEP Contract No.GC919,Guidance Document D1,Page 3 of 7 16C 2 • The description of activities conducted and observed by the inspector(s). Ensure that the dates and times of these activities and observations are noted. • The PSSC name and number for UST installations or the name of the contractor performing the AST installation. • List of all the equipment installed, manufacturer, and EQs. As a reminder,this information also needs to be recorded at the facility level. • The release detection methods used to demonstrate compliance. • The testing company name,the method of test performed, and the results. • 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: • The activities conducted and observed by the inspector(s). Ensure that the dates of these activities and observations are noted. • The PSSC name and number for UST closures or the name of the contractor performing AST closure. • 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 facility level. • The method(s)used to make the tanks safe for removal(i.e. inerting, induction, etc.) • 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 10 days. • The cleanup status of previous discharges. • Document whether the closure integrity evaluation report form was submitted as applicable. • The statement as to whether a closure report or a limited closure report is required, and by what date. • The name of the consultant performing the closure assessment and the methods of sampling, if applicable. • The disposal of the tanks, contents, and contaminated soil/groundwater, as applicable. • 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. • An INF/DRF that is provided by the responsible party during a closure inspection. Discharge Inspections: • After notification,was a discharge inspection performed within 14 calendar days? DEP Contract No.GC919,Guidance Document D1,Page 4 of 7 1 6 0 2 • The product discharged, including type, amount, and cause of discharge,when possible. • Actions taken to contain and abate the discharge (tank emptied, repairs, tightness testing, etc.). • The date the DRF was filed, or a statement that the DRF has not yet been filed, and for what reason. • The names of any consultants and/or PSSC, with number, if they are involved with response to discharge. • Any requests to the responsible party to provide soil and/or product disposal manifests. • Whether a site assessment will be required, if known at the time of the inspection. • A diagram of the affected area, if the discharge was a visible surface spill. Reinspections: • Describe what was re-inspected,what corrective actions were taken and what violations were resolved, if any. • An INF that is provided by the responsible party during a re-inspection. Complaints: • Source and description of complaint received. • Outcome of complaint. • 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. DEP Contract No.GC919,Guidance Document D1,Page 5 of 7 16C2 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? DEP Contract No.GC919,Guidance Document D1,Page 6 of 7 16C2 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? DEP Contract No.GC919,Guidance Document D1,Page 7 of 7 16C2 Guidance Document D2 ,as Depart�e CONTRACT REVIEW FORM of • ° CONTRACT NUMBER: G .11% All10111' I mow— w° COUNTIES: °,ental 171°se 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? I I 1 Total 40 FIRST Review Attached 30 Field Inspection Review Attached 30 Total for contract review 100 Program review conducted by: Date: Comments: 16C2 oras OePart4, C °, ntal p<otie� 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 I I I I I 12 I #DIV/0! FOLLOW-UP 1 Conducted/Documented I I I I I I 15 I #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: 1602 / FIELD INSPECTION REVIEW FORM -r o S� C 7 O aa Contract Number: ,ental Pio 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 I Total 30 01 Review Conducted By: Date: Comments: 1 .6 C2 GUIDANCE DOCUMENT E CONTRACTUAL SERVICES INVOICE Invoice No. Contract No. Task No. Date Period of Service 7/12016 to 6/302017 055485 RIII T4.. FOnde Department of Environmental Protection Permitting and Canplierce Assistance Program 2600 Stelr Stone Road,M.S.4565 Tallahassee,Florida 32390-2400 FEIDNSJ At5l.:Tanks Compliance Assistance Accounting SOL: Contractor Use: Routine Lees Routine Vaiable Minted anabk %ware** ManM/Yr. Inspection Retainage Inspection Invace4 Tar • Amam1 Ng Invoend Freed Plitt: Dn1 Mua: Co Jul 2016 $ 515.50 $ 5 $5155 463.66 5 760.45 5 1,224.40 5 - Aug2016 f 515.50 5 51.55 $ 463.95 5 760.45 5 1,224.40 $ 1,224.40 Contract/Task Amount $100.0txto3 contract/rasa Amount Sep2016 f 515.50 5 51.55 $ 463.95 $ 760.45 f 1,224.40 $ 2,443.60 Less Previously Imo. 6ia462110 Oct2016 5 515.50 $ 5155 $ 463.95 $ 760.45 f 1,224.40 $ 3,673.20 Gras invoice Amount 21576 Lee Preta811 Imaced Nov2016 $ 515.50 $ 51.55 5 463.95 5 760.45 5 1.224.40 9 4,897.80 LenNNe...nage(10%routine iapeceon ante) LearPlue Ramage Doc 2018 f 515.50 5 5155 $ 463.95 $ 760.45 i 1,224.40 5 6.122.00 Invoice Taal Invoice Taw Jon 2012 f 515.50 5155$ 463.95 5 760.45 $ 1,224.40 $ 7,346.40 Feb 2017 f 515.50 51.55 $ 463.95 9 760.45 S 1.224.40 5 0,570.50 TOTAL AMOUNT OF INVOICE: Mar 2017 f 515.50 51.55 5 463.95 $ 760.45 S 1,224.40 5 9,795.20 Apr 2017 5 515.50 51.55 $ 463.95 S 760.45 5 1,224.40 $ 11.019.80 FDEP Use Only. May 2017 $ 515.50 51.55 $ 463.95 9 760.45 $ 1.24.45 $ 12,244.0 Jun 2017 $ 515.50 51.55 $ 463.95 5 76045 f 1.224.40 $ 13,488.40 Total: $ 6,16800 618.60 $ 5,667.40 $ 9125.40'f 14.69280$ 14,68280 SIRS Rev.6/15 WE 1602 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—(MN). 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. DEP Contract No.GC919,Guidance Document F,Page 1 of 2 SII 16C 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. 1) 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. 2) The owner/operator has 90 days to resolve minor violations at the local program level. The clock begins upon date of inspection. If after 90 days the violation remains unresolved,the local program shall contact the District Task Manager to discuss. 3) 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. DEP Contract No.GC919,Guidance Document F,Page 2 of 2 16C2 GUIDANCE DOCUMENT G Guidelines for Case Referrals 1. In accordance with the Level of Effort Guidance (Guidance Document F), the Contractor shall refer facilities to the Department if the facilities don't timely return to compliance through efforts by the Contractor. 2. The Contractor shall refer facilities as necessary to the Department through the Enforcement Referral Activities tab within the Enforcement Project in FIRST 3. In addition, the Contractor shall prepare a memorandum to the Department Task Manager stating that the Contractor is referring the case for enforcement. The memorandum should be inserted as an attachment within the Enforcement Referral Activity in FIRST. 4. The memorandum should include the following: a. The facility name and Department Facility ID Number, and a short summary of the open violations. It should also name the staff that will available for questions, meetings, depositions, hearings, and other enforcement related activities. b. A 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. c. Names, 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/flus/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. d. Copies 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. e. Copies of photographs of the violations where appropriate and that are not available in FIRST. DEP Contract No. GC919 Guidance Document G, Page 1 of 1 GUIDANCE DOCUMENT H 1 b C 2 CONTRACTUAL SERVICES INVOICE Payment Calculations Invoice No. Contract No. Task No. Date Invoice Period Inspection Type Value Quantity List of Facilities (FAC. ID only) Routine $ 510.40 Attach FIRST spreadsheet UST System Install $ 1,140.68 UST Piping Install $ 380.23 Component Install $ 190.11 UST System Closure $ 836.50 UST Piping Closure $ 418.25 Component Closure $ 209.12 AST System Install $ 570.34 AST Piping Install $ 190.11 AST Piping Closure $ 190.11 AST System Closure $ 380.23 Complaint $ 190.11 Discharge $ 190.11 Enforcement $ 190.11 Non-Compliance $ 190.11 TOTAL $ - Signature Date Page 1 of 1 GUIDANCE DOCUMENT I 1 6 C 2 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 1 6 C2 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 DEP 923 1 b C 2 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 1 6 02 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. 16C 2 DEP 923 February 14, 2013 Page 5 of 23 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: 1 6 C 2 DEP 923 February 14, 2013 Page 6 of 23 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. 1 6 0 2 DEP 923 February 14, 2013 Page 7 of 23 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 1 6 02 DEP 923 February 14, 2013 Page 8 of 23 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 1 6 C 2 DEP 923 February 14, 2013 Page 9 of 23 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: DEP 923 16 C 2 February 14, 2013 Page 10 of 23 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 1 6 0 2 DEP 923 February 14, 2013 Page 11 of 23 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 DEP 923 1 C 2 February 14, 2013 Page 12 of 23 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 DEP 923 1 6 C 2 February 14, 2013 Page 13 of 23 $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 ELBA 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 16C2 DEP 923 February 14, 2013 Page 14 of 23 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. 16C2 DEP 923 February 14, 2013 Page 15 of 23 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 16C2 DEP 923 February 14, 2013 Page 16 of 23 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 1 6 02 DEP 923 February 14, 2013 Page 17 of 23 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. 1 6 0 2 DEP 923 February 14, 2013 Page 18 of 23 (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: 1 6 C2 DEP 923 February 14, 2013 Page 19 of 23 (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 16C2 DEP 923 February 14, 2013 Page 20 of 23 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. DEP 923 1 b C i February 14, 2013 Page 21 of 23 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 DEP 923 1 6 C 2 February 14, 2013 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 DEP 923 1 6 C 2 February 14, 2013 Page 23 of 23 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) 16C2 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 R to to to 0 $ 4,000 $3,000 $2,300 N M E N MODERATE $2,299 $1,599 $999 T to to to A $1,600 $1,000 $600 L MINOR $999 $5001) $500') H to A $500 R M 1)—Environmental Education may be an acceptable substitute 1 C 2 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 R to to to 0 $ 8,000 $6,000 $4,600 N M E N MODERATE $4,599 $3,199 $1,999 T to to to A $3,200 $2,000 $1,200 L MINOR $1,199 $5001) $5001) H to A $ 500 R M 1)—Environmental Education may be an acceptable substitute 16C 2 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 R to to to 0 $20,000 $15,000 $11,000 N M E MODERATE $10,999 $7,999 $4,999 N to to to T $ 8,000 $5,000 $3,000 A L MINOR $2,999 $1,499 $5003) H to to A $1,500 $5003) 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 1 6 C2 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 R to to to O $ 28,330 $21,250 $15,580 N M E MODERATE $15,580 $11,330 $7,090 N to to to T $11,330 $7,090 $4,250 A L MINOR $4,250 $2,130 $710 H to to to A $2,130 $710') $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 1 6 C2 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 ELRA Extent Matrix Multi- Adjust- Total Type Schedule ENVIRON- of Dev. Amount day ments MENTAL Harm 1 2 3 4 5 6 7 8 9 Total Penalties for all Violations: 16C2 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 1 6 C2 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: 16C2 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