(1) For purposes of this rule section, a “”petroleum or petroleum product de minimis discharge”” means a discharge of petroleum or petroleum products of less than 25 gallons onto a pervious surface or that moves onto a pervious surface from an impervious surface. Such discharge is exempt from the notification requirements of subsection 62-780.220(1), rules 62-780.500 and 62-780.525, F.A.C., as long as the discharge is removed and properly treated or properly disposed, or otherwise remediated, pursuant to the applicable provisions of rule 62-780.500 or 62-780.525, F.A.C., so that CTLs or background concentrations pursuant to subsection 62-780.680(1), F.A.C., are achieved.
    (2) For purposes of this rule section, a “”petroleum or petroleum product de minimis discharge”” also means a discharge of petroleum or petroleum products of 25 to 500 gallons onto a pervious surface or that moves onto a pervious surface from an impervious surface, that is not associated with a regulated petroleum storage system and has not impacted groundwater, and for which the FDEP Office of Emergency Response oversees the response actions, if at the conclusion of the emergency response action, CTLs or background concentrations pursuant to subsection 62-780.680(1), F.A.C., are achieved. These de minimis discharges shall be addressed as an emergency response removal or an interim source removal and shall be subject to the applicable requirements of rule 62-780.500 or 62-780.525, F.A.C., respectively, including notification and reporting. If the information presented in the Emergency Source Removal Report or Interim Source Removal Report confirms that no contamination remains at the conclusion of the emergency response action, the Department will indicate in writing that information provided on a Discharge Reporting Form, incorporated in Fl. Admin. Code R. 62-761.900 [Form Number 62-761.900(1)], or other discharge record will no longer be tracked by the Division of Waste Management and that no other site rehabilitation requirements of this chapter are required to be followed.
Rulemaking Authority 376.303, 376.3071 FS. Law Implemented 376.303, 376.315, 376.3071 FS. History-New 6-12-13, Amended 2-2-17.