Florida Regulations 62-761.400: Facility Registration
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(1) For installations:
(a) For the purposes of this subsection, installation shall mean the date that the storage tank system or system component placement or construction begins
(b) For new facilities, which are facilities that began construction after January 11, 2017, a completed Form 62-761.900(2), Storage Tank Facility Registration Form (Registration Form), effective date, July 2019, 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. The Department encourages the electronic submittal of the Registration Form available online here: http://www.fldepportal.com/go/submit-registration/, or the form can be obtained at http://www.flrules.org/Gateway/reference.asp?No=Ref-10736, or the Department’s website at https://floridadep.gov/waste/permitting-compliance-assistance/content/storage-tank-system-rules-forms-and-reference.
(c) A completed Form 62-761.900(5), Underground Storage System Installation and Removal Form for Certified Contractors (Certified Contractors Form), effective date, July 2019, 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. To obtain copies of this form see Fl. Admin. Code R. 62-761.900, or http://www.flrules.org/Gateway/reference.asp?No=Ref-10738, or the Department’s website at https://floridadep.gov/waste/permitting-compliance-assistance/content/storage-tank-system-rules-forms-and-reference.
(2) For change in service status or closure pursuant to Fl. Admin. Code R. 62-761.800:
(a) A completed Registration Form shall be submitted to the Department in paper or electronic format within 10 days after completion of the change in service status or closure pursuant to subFl. Admin. Code R. 62-761.800(2)(b)6.
(b) A completed Certified Contractors Form shall be submitted to the county in paper or electronic format no later than 21 days after replacement or removal of a storage tank system, including system components in contact with the soil.
(3) A completed Registration Form shall be submitted to the Department in paper or electronic format within 10 days of the following changes or discovery:
(a) Any change in the account owner, defined as the party responsible for payment of registration fees at the facility location, owner or operator of a facility or of a storage tank system.
(b) Any change or correction in the information reported in the Registration Form. A change within the same blend of regulated substances should not be reported (e.g., regular unleaded to premium unleaded gasoline); and,
(c) The discovery of an unregistered storage tank system.
(4) Registration fees.
(a) Registration fees are due from the account owner 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.
(b) A fee of $50.00 per tank shall be submitted for each initial registration of a storage tank system. The fee shall be paid within 30 days after receipt of an invoice by the Department.
(c) A renewal fee of $25.00 per tank shall be paid to the Department for each storage tank system by July 1 each year.
(d) For new account owners of currently registered storage tank systems, a fee of $25.00 per tank shall be paid to the Department within 30 days of receipt of an invoice from the Department.
(e) A fee of $25.00 per tank shall be paid to the Department for each tank that is replaced. The fee shall be paid within 30 days after receipt of an invoice by the Department.
(f) Late fees. Any payment made more than 30 days after the date it is due is delinquent and the registrant must pay an additional fee of $20.00 for each tank for which the payment is overdue.
(g) Upon receipt of payment of all applicable initial registration fees and annual renewal fees, each facility shall receive a registration placard, pursuant to Florida Statutes § 376.3077 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. To access this information go to: https://floridadep.gov/waste/permitting-compliance-assistance/content/storage-tank-system-rules-forms-and-reference.
(5) Unless a valid registration placard is displayed in plain view as required by Fl. Admin. Code R. 62-761.400(4)(f), 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.
(6) Revocation of Registration Placard.
The Department may revoke a registration placard for noncompliance violation(s) for the failure to:
(a) Install, maintain, and operate leak detection equipment pursuant to Fl. Admin. Code R. 62-761.600;
(b) Meet storage tank system requirements pursuant to Fl. Admin. Code R. 62-761.500;
(c) Respond to and abate an ongoing discharge, pursuant to Fl. Admin. Code R. 62-761.440, or
(d) Maintain adequate financial responsibility pursuant to Fl. Admin. Code R. 62-761.420
The Department shall provide written notice to the owner and operator of the underground storage tank system facility 30 business days prior to denying or revoking a registration placard. Owners of facilities shall give written notice to the Department when such deficiencies are corrected, and the county or Department shall re-inspect the facility, or otherwise determine if the deficiencies have been corrected, within two business days of receiving such notice. The Department shall release revoked registration placards within three business days of the re-inspection, or other confirming activity, if all deficiencies have been corrected to the Department’s satisfaction. The Department shall establish, maintain, and post on its website a list of previously registered facilities that do not have a valid registration placard. This list will not include previously registered facilities for which all storage tank systems have been closed or removed in accordance with Department rules.
(7) Delivery prohibitions.
(a) No owner, operator, or supplier shall deposit any motor fuels into a storage tank system regulated 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.
(b) It is an affirmative defense to the imposition of an administrative penalty for a violation of paragraph (a) of this subsection, that the 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.
Rulemaking Authority 376.303 FS. Law Implemented 376.303, 376.3077, 489.133 FS. History-New 12-10-90, Formerly 17-761.400, Amended 9-30-96, 7-13-98, 6-21-04, 8-7-14, 1-11-17, 7-9-19, 6-25-23.
Editorial Note: Portions of this rule were relocated to Fl. Admin. Code R. 62-761.420, on 1-11-2017.
Terms Used In Florida Regulations 62-761.400
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
(b) For new facilities, which are facilities that began construction after January 11, 2017, a completed Form 62-761.900(2), Storage Tank Facility Registration Form (Registration Form), effective date, July 2019, 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. The Department encourages the electronic submittal of the Registration Form available online here: http://www.fldepportal.com/go/submit-registration/, or the form can be obtained at http://www.flrules.org/Gateway/reference.asp?No=Ref-10736, or the Department’s website at https://floridadep.gov/waste/permitting-compliance-assistance/content/storage-tank-system-rules-forms-and-reference.
(c) A completed Form 62-761.900(5), Underground Storage System Installation and Removal Form for Certified Contractors (Certified Contractors Form), effective date, July 2019, 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. To obtain copies of this form see Fl. Admin. Code R. 62-761.900, or http://www.flrules.org/Gateway/reference.asp?No=Ref-10738, or the Department’s website at https://floridadep.gov/waste/permitting-compliance-assistance/content/storage-tank-system-rules-forms-and-reference.
(2) For change in service status or closure pursuant to Fl. Admin. Code R. 62-761.800:
(a) A completed Registration Form shall be submitted to the Department in paper or electronic format within 10 days after completion of the change in service status or closure pursuant to subFl. Admin. Code R. 62-761.800(2)(b)6.
(b) A completed Certified Contractors Form shall be submitted to the county in paper or electronic format no later than 21 days after replacement or removal of a storage tank system, including system components in contact with the soil.
(3) A completed Registration Form shall be submitted to the Department in paper or electronic format within 10 days of the following changes or discovery:
(a) Any change in the account owner, defined as the party responsible for payment of registration fees at the facility location, owner or operator of a facility or of a storage tank system.
(b) Any change or correction in the information reported in the Registration Form. A change within the same blend of regulated substances should not be reported (e.g., regular unleaded to premium unleaded gasoline); and,
(c) The discovery of an unregistered storage tank system.
(4) Registration fees.
(a) Registration fees are due from the account owner 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.
(b) A fee of $50.00 per tank shall be submitted for each initial registration of a storage tank system. The fee shall be paid within 30 days after receipt of an invoice by the Department.
(c) A renewal fee of $25.00 per tank shall be paid to the Department for each storage tank system by July 1 each year.
(d) For new account owners of currently registered storage tank systems, a fee of $25.00 per tank shall be paid to the Department within 30 days of receipt of an invoice from the Department.
(e) A fee of $25.00 per tank shall be paid to the Department for each tank that is replaced. The fee shall be paid within 30 days after receipt of an invoice by the Department.
(f) Late fees. Any payment made more than 30 days after the date it is due is delinquent and the registrant must pay an additional fee of $20.00 for each tank for which the payment is overdue.
(g) Upon receipt of payment of all applicable initial registration fees and annual renewal fees, each facility shall receive a registration placard, pursuant to Florida Statutes § 376.3077 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. To access this information go to: https://floridadep.gov/waste/permitting-compliance-assistance/content/storage-tank-system-rules-forms-and-reference.
(5) Unless a valid registration placard is displayed in plain view as required by Fl. Admin. Code R. 62-761.400(4)(f), 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.
(6) Revocation of Registration Placard.
The Department may revoke a registration placard for noncompliance violation(s) for the failure to:
(a) Install, maintain, and operate leak detection equipment pursuant to Fl. Admin. Code R. 62-761.600;
(b) Meet storage tank system requirements pursuant to Fl. Admin. Code R. 62-761.500;
(c) Respond to and abate an ongoing discharge, pursuant to Fl. Admin. Code R. 62-761.440, or
(d) Maintain adequate financial responsibility pursuant to Fl. Admin. Code R. 62-761.420
The Department shall provide written notice to the owner and operator of the underground storage tank system facility 30 business days prior to denying or revoking a registration placard. Owners of facilities shall give written notice to the Department when such deficiencies are corrected, and the county or Department shall re-inspect the facility, or otherwise determine if the deficiencies have been corrected, within two business days of receiving such notice. The Department shall release revoked registration placards within three business days of the re-inspection, or other confirming activity, if all deficiencies have been corrected to the Department’s satisfaction. The Department shall establish, maintain, and post on its website a list of previously registered facilities that do not have a valid registration placard. This list will not include previously registered facilities for which all storage tank systems have been closed or removed in accordance with Department rules.
(7) Delivery prohibitions.
(a) No owner, operator, or supplier shall deposit any motor fuels into a storage tank system regulated 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.
(b) It is an affirmative defense to the imposition of an administrative penalty for a violation of paragraph (a) of this subsection, that the 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.
Rulemaking Authority 376.303 FS. Law Implemented 376.303, 376.3077, 489.133 FS. History-New 12-10-90, Formerly 17-761.400, Amended 9-30-96, 7-13-98, 6-21-04, 8-7-14, 1-11-17, 7-9-19, 6-25-23.
Editorial Note: Portions of this rule were relocated to Fl. Admin. Code R. 62-761.420, on 1-11-2017.