Florida Regulations 62-780.680: No Further Action and No Further Action with Controls
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(1) Risk Management Options Level I – A No Further Action without institutional controls or without institutional and engineering controls shall apply if the following conditions are met:
(a) Free product is not present and no fire or explosive hazard exists as a result of a release of non-aqueous phase liquids;
(b) Contaminated soil is not present in the unsaturated zone, as demonstrated by the analyses of soil samples collected from representative sampling locations (unless the Department has concurred that soil sampling is unnecessary based on the site-specific conditions), that show that one or more of the criteria for direct exposure and one or more of the criteria for leachability are met, as applicable:
1. Criteria for direct exposure are as follows:
a. Soil contaminant concentrations, or average soil contaminant concentrations calculated based on the 95% UCL approach pursuant to sub-subFl. Admin. Code R. 62-780.680(1)(b)1.d., do not exceed the less stringent of:
(I) The residential soil CTLs specified in chapter 62-777, F.A.C., Table II,
(II) The background concentrations, or
(III) The best achievable detection limits.
b. Soil contaminant concentrations, or average soil contaminant concentrations calculated based on the 95% UCL approach pursuant to sub-subFl. Admin. Code R. 62-780.680(1)(b)1.d., do not exceed the alternative residential soil CTLs established using site-specific soil properties pursuant to subFl. Admin. Code R. 62-780.600(5)(c)2., and the equations and default residential exposure assumptions specified in chapter 62-777, F.A.C., Figures 4, 5, 6, and 7 and Table VI,
c. Soil concentrations of the site-specific fractions of TRPHs established pursuant to subFl. Admin. Code R. 62-780.600(5)(c)3., or average soil concentrations of the site-specific fractions of TRPHs calculated based on the 95% UCL approach pursuant to sub-subFl. Admin. Code R. 62-780.680(1)(b)1.d., utilizing the soil concentrations of the site-specific fractions of TRPHs established pursuant to subFl. Admin. Code R. 62-780.600(5)(c)3., do not exceed the residential soil CTLs for the TRPH fractions provided in Appendix C of the technical report referenced in subsection 62-780.100(2), F.A.C.; and,
d. If the 95% UCL approach is utilized to calculate average soil contaminant concentrations pursuant to sub-subparagraph 62-780.680(1)(b)1.a., 62-780.680(1)(b)1.b., or 62-780.680(1)(b)1.c., F.A.C. [refer to the technical report referenced in subsection 62-780.100(2), F.A.C., for guidance], the following criteria shall be met:
(I) An approved statistical method pursuant to subsection 62-780.610(2), F.A.C., shall be used to perform the 95% UCL calculations,
(II) The exposure unit shall not exceed 1/4 acre unless it is demonstrated using statistically appropriate techniques, which shall include an appropriate number of samples which are representative of the exposure unit, that the contaminants are uniformly distributed such that a 95% UCL based on an alternative exposure unit size(s) will be sufficiently protective of human health, public safety and the environment. The exposure unit(s) shall be located within the source property boundaries,
(III) A minimum of 10 representative soil samples is required when discrete sample data are used and three representative soil samples when ISM sample data are used; and,
(IV) The average soil concentration shall not be compared with any CTL based upon acute toxicity. For acute toxicity CTLs comparisons must be made with discrete sampling data.
2. Criteria for leachability are as follows:
a. Soil contaminant concentrations measured with discrete samples, or average soil contaminant concentrations based upon the 95% UCL approach from discrete or ISM sampling data do not exceed the less stringent of:
(I) The groundwater and, if applicable, surface water leachability-based soil CTLs specified in chapter 62-777, F.A.C., Table II,
(II) The background concentrations, or
(III) The best achievable detection limits.
b. Soil contaminant concentrations measured with discrete samples, or average soil contaminant concentrations based upon the 95% UCL approach from discrete or ISM sampling data do not exceed the alternative leachability-based soil CTLs established using the equation and default assumptions specified in chapter 62-777, F.A.C., Figure 8, the alternative groundwater CTLs based on the site-specific background concentrations [refer to sub-subFl. Admin. Code R. 62-780.680(1)(c)1.b.], and, if applicable, the alternative surface water CTLs based on the site-specific background concentrations [refer to subFl. Admin. Code R. 62-780.680(1)(d)2.],
c. Direct leachability testing results pursuant to subFl. Admin. Code R. 62-780.600(5)(c)4., demonstrate that leachate concentrations do not exceed the appropriate groundwater CTLs pursuant to Fl. Admin. Code R. 62-780.680(1)(c), and, if applicable, the appropriate surface water CTLs pursuant to Fl. Admin. Code R. 62-780.680(1)(d),
d. Soil contaminant concentrations do not exceed the alternative leachability-based soil CTLs established using site-specific soil properties pursuant to subFl. Admin. Code R. 62-780.600(5)(c)2., the equation and appropriate default assumptions specified in chapter 62-777, F.A.C., Figure 8, and the appropriate groundwater CTLs pursuant to Fl. Admin. Code R. 62-780.680(1)(c); and, if applicable, the appropriate surface water CTLs pursuant to Fl. Admin. Code R. 62-780.680(1)(d),
e. Soil concentrations of the site-specific fractions of TRPHs established pursuant to subFl. Admin. Code R. 62-780.600(5)(c)3., do not exceed the leachability-based soil CTLs for the TRPH fractions provided in Appendix C of the technical report referenced in subsection 62-780.100(2), F.A.C.,
f. For soil that is and has been exposed to the elements (i.e., open ground, not covered by impermeable or semi-permeable cover) and subject to infiltration throughout the entire unsaturated zone for a minimum of two years, it has been subsequently demonstrated to the Department by a minimum of one year of groundwater monitoring data that contaminants will not leach into the groundwater at concentrations that exceed the appropriate groundwater CTLs pursuant to Fl. Admin. Code R. 62-780.680(1)(c), and, if applicable, the appropriate surface water CTLs pursuant to Fl. Admin. Code R. 62-780.680(1)(d) This demonstration shall consider site-specific characteristics such as the thickness of the unsaturated zone, depth and mass of soil contaminants, soil lithology, actual precipitation, concentration gradients, and the chemical and physical characteristics of the contaminants, or
(c) Contaminated groundwater is not present, as demonstrated by the analyses of groundwater samples collected from representative sampling locations (unless the Department has concurred that groundwater sampling is unnecessary based on the site-specific conditions), that show that criteria 1. and 2. are met:
1. Groundwater contaminant concentrations do not exceed the less stringent of:
a. The groundwater CTLs specified in chapter 62-777, F.A.C., Table I groundwater criteria column, except that for contaminated sites undergoing site rehabilitation pursuant to sections 376.30701 and 376.81, F.S., and petroleum contamination sites being addressed pursuant to Florida Statutes § 376.3071, that are not eligible for state-funded site rehabilitation, if the PRSR elects, groundwater contaminant concentrations may exceed the groundwater CTLs derived from nuisance, organoleptic, or aesthetic considerations if the following additional criteria are met:
(I) Concentrations of contaminants meet all applicable health-based groundwater CTLs provided in chapter 62-777, F.A.C., Table I groundwater criteria column, and chapter 62-780, F.A.C., Table F, located at the end of Fl. Admin. Code R. 62-780.900, and if applicable, surface water CTLs pursuant to Fl. Admin. Code R. 62-780.680(1)(d),
(II) The PRSR has demonstrated by a minimum of one year of groundwater monitoring data that groundwater concentrations at the property boundary do not, and will not, exceed the groundwater CTLs pursuant to subparagraph 62-780.680(1)(c)1. or 2., F.A.C., and, if applicable, the surface water CTLs pursuant to Fl. Admin. Code R. 62-780.680(1)(d),
(III) The property has access to and is connected to an off site water supply for domestic purposes and private wells are not used for domestic purposes. For purposes of this rule, “”domestic purposes”” means that the water is used for human consumption such as bathing, cooking, or drinking, and is provided through pipes or other constructed conveyances; and,
(IV) For contaminated sites undergoing site rehabilitation pursuant to Florida Statutes § 376.81, the real property owner provides written acceptance of the No Further Action Proposal to the Department. For all other sites being closed under this provision, the real property owner does not object to the No Further Action Proposal to the Department.
b. The background concentrations, or
c. The best achievable detection limits; and,
2. Groundwater contaminant concentrations do not exceed the surface water CTLs specified in chapter 62-777, F.A.C., Table I freshwater surface water criteria column or marine surface water criteria column, as applicable, if the site’s groundwater contaminant concentrations are affecting or may potentially affect a surface water body based on monitoring well data, groundwater flow rate and direction, or fate and transport modeling. The point of measuring compliance with the surface water standards shall be in the groundwater from the landward side immediately adjacent to the surface water body. However, for cleanups being conducted pursuant to Florida Statutes § 376.30701(2), (including petroleum contamination sites being addressed pursuant to Florida Statutes § 376.3071, that are not eligible for state-funded site rehabilitation, if the PRSR elects) or Florida Statutes § 376.81(1), such measurement is not necessary if it has been demonstrated, based onsite assessment data provided in accordance with Fl. Admin. Code R. 62-780.600, that the contaminants do not cause or contribute to the exceedance of applicable surface water quality criteria.
(d) Contaminated surface water is not present, as demonstrated by the analyses of surface water samples collected from representative sampling locations (unless the Department has concurred that surface water sampling is unnecessary based on the site-specific conditions), that show that contaminant concentrations do not exceed the less stringent of:
1. The applicable surface water CTLs specified in chapter 62-777, F.A.C., Table I freshwater surface water criteria column or marine surface water criteria column,
2. The background concentrations, or
3. The best achievable detection limits; and,
(e) Contaminated sediment is not present, as demonstrated by the analyses of sediment samples collected from representative sampling locations (unless the Department has concurred that sediment sampling is unnecessary based on the site-specific conditions), or the concentrations of contaminants in sediment do not exceed the background concentrations.
(2) Risk Management Options Level II – A No Further Action with institutional controls (whether such institutional controls are recorded in the public records of the County in which the site is located, or are non-recorded institutional controls), and, if appropriate, engineering controls shall apply if the controls are protective of human health, public safety, and the environment. Notice of the use of institutional or engineering controls shall be provided in accordance with subsection 62-780.220(7), F.A.C. Fate and transport models, as defined in Fl. Admin. Code R. 62-780.610, may be utilized to justify the No Further Action Proposal. It shall be demonstrated to the Department that the following conditions are met for those contaminants that do not meet Risk Management Options Level I criteria of subsection 62-780.680(1), F.A.C.:
(a) Criteria for evaluation of free product are as follows:
1. Free product is not present and no fire or explosive hazard exists as a result of a release of non-aqueous phase liquids, or
2. Free product removal is not technologically feasible or cost-effective; and,
3. Free product is not migrating and does not pose a risk to human health, public safety or the environment.
(b) Alternative soil CTLs have been established by the PRSR and one or more of the criteria for direct exposure and one or more of the criteria for leachability are met for soil in the unsaturated zone, as applicable:
1. Criteria for direct exposure are as follows:
a. Soil contaminant concentrations measured with discrete samples, or average soil contaminant concentrations calculated based on the 95% UCL approach from discrete or ISM sampling data, do not exceed the commercial/industrial soil CTLs specified in chapter 62-777, F.A.C., Table II,
b. An engineering control that prevents human exposure (for example, permanent cover material or a minimum of two feet of soil) is implemented, in which case the contaminant concentrations in the soil below the permanent cover or two or more feet below land surface may exceed the direct exposure soil CTLs. Prior to Department approval of a No Further Action with engineering controls, the PRSR shall provide certification by a registered Professional Engineer that to the best of his or her knowledge the engineering control is consistent with commonly accepted engineering practices, is appropriately designed and constructed for its intended purpose, and has been implemented,
c. Soil contaminant concentrations, or average soil contaminant concentrations calculated based on the 95% UCL approach pursuant to sub-subFl. Admin. Code R. 62-780.680(2)(b)1.e., do not exceed the alternative commercial/industrial soil CTLs calculated using site-specific soil properties pursuant to subFl. Admin. Code R. 62-780.600(5)(c)2., and the equations and default commercial/industrial exposure assumptions specified in chapter 62-777, F.A.C., Figures 4, 5, 6, and 7 and Table VI,
d. Soil concentrations of the site-specific fractions of TRPHs established pursuant to subFl. Admin. Code R. 62-780.600(5)(c)3., or average soil contaminant concentrations of the site-specific fractions of TRPHs calculated based on the 95% UCL approach pursuant to sub-subFl. Admin. Code R. 62-780.680(2)(b)1.e., utilizing the soil concentrations of the site-specific fractions of TRPHs established pursuant to subFl. Admin. Code R. 62-780.600(5)(c)3., do not exceed the commercial/industrial soil CTLs for the TRPH fractions provided in Appendix C of the technical report referenced in subsection 62-780.100(2), F.A.C.; and,
e. If the 95% UCL approach is utilized to calculate average soil contaminant concentrations pursuant to sub-subparagraph 62-780.680(2)(b)1.a., 62-780.680(2)(b)1.c. or 62-780.680(2)(b)1.d., F.A.C., [refer to the technical report referenced in subsection 62-780.100(2), F.A.C., for guidance], the following criteria shall be met:
(I) An approved statistical method pursuant to subsection 62-780.610(2), F.A.C., shall be used to perform the 95% UCL calculations,
(II) The exposure unit shall be located within the source property boundaries and reflect normal activity patterns for the existing commercial/industrial land use with supporting institutional controls. The institutional controls shall require recalculation of the 95% UCL if the property is subdivided or land use changes such that the exposure unit utilized in the original calculation is no longer appropriate; and,
(III) A minimum of 10 representative soil samples is required when discrete sampling data are used and three representative soil samples when ISM data are used.
2. Criteria for leachability are as follows:
a. Soil contaminant concentrations do not exceed the alternative leachability-based soil CTLs established using the equations and default assumptions specified in chapter 62-777, F.A.C., Figure 8, the alternative groundwater CTLs derived pursuant to Fl. Admin. Code R. 62-780.680(2)(c), and, if applicable, the appropriate surface water CTLs pursuant to Fl. Admin. Code R. 62-780.680(1)(d),
b. Direct leachability testing results pursuant to subFl. Admin. Code R. 62-780.600(5)(c)4., demonstrate that leachate concentrations do not exceed the alternative groundwater CTLs established pursuant to Fl. Admin. Code R. 62-780.680(2)(c), and, if applicable, the appropriate surface water CTLs pursuant to Fl. Admin. Code R. 62-780.680(1)(d),
c. An engineering control that prevents infiltration (for example, permanent impermeable cover material) is implemented, in which case the contaminant concentrations in the soil below the impermeable cover may exceed the leachability based soil CTLs. Prior to Department approval of a No Further Action with engineering controls, the PRSR shall provide certification by a registered Professional Engineer that, to the best of his or her knowledge, the engineering control is consistent with commonly accepted engineering practices, is appropriately designed and constructed for its intended purpose, and has been implemented. It shall be demonstrated to the Department by a minimum of one year of groundwater monitoring data that contaminants will not leach into the groundwater at concentrations that exceed the appropriate groundwater CTLs pursuant to Fl. Admin. Code R. 62-780.680(1)(c), or, if the groundwater is already contaminated, at concentrations that exceed the alternative groundwater CTLs established pursuant to Fl. Admin. Code R. 62-780.680(2)(c), and, if applicable, the appropriate surface water CTLs pursuant to Fl. Admin. Code R. 62-780.680(1)(d),
d. Soil contaminant concentrations measured with discrete samples, or average soil contaminant concentrations based upon the 95% UCL approach from discrete or ISM sampling data do not exceed the alternative leachability-based soil CTLs established using site-specific soil properties pursuant to subFl. Admin. Code R. 62-780.600(5)(c)2., the equation and appropriate default assumptions specified in chapter 62-777, F.A.C., Figure 8, the alternative groundwater CTLs established pursuant to Fl. Admin. Code R. 62-780.680(2)(c), and, if applicable, the appropriate surface water CTLs pursuant to Fl. Admin. Code R. 62-780.680(1)(d),
e. Soil concentrations of the site-specific fractions of TRPHs established pursuant to subFl. Admin. Code R. 62-780.600(5)(c)3., do not exceed the alternative leachability-based soil CTLs for the TRPH fractions established using the equation and assumptions specified in chapter 62-777, F.A.C., Figure 8, the chemical/physical parameters provided in Appendix C of the technical report referenced in subsection 62-780.100(2), F.A.C., the alternative groundwater CTL for TRPHs established pursuant to Fl. Admin. Code R. 62-780.680(2)(c), and, if applicable, the appropriate surface water CTL for TRPHs pursuant to Fl. Admin. Code R. 62-780.680(1)(d); and,
f. It has been demonstrated to the Department by a minimum of one year of groundwater monitoring data and, if applicable, fate and transport modeling results that, based upon the site-specific conditions, contaminants will not leach into the groundwater at concentrations that exceed the appropriate groundwater CTLs established pursuant to Fl. Admin. Code R. 62-780.680(1)(c), or if the groundwater is already contaminated, at concentrations that exceed the alternative groundwater CTLs established pursuant to Fl. Admin. Code R. 62-780.680(2)(c), and, if applicable, the appropriate surface water CTLs pursuant to Fl. Admin. Code R. 62-780.680(1)(d); and,
(c) Alternative groundwater CTLs have been established by the PRSR depending on the current and projected use of groundwater in the vicinity of the site and one or more of the following criteria are met, as applicable:
1. For contamination of groundwater of low yield or poor quality, the CTLs specified in chapter 62-777, F.A.C., Table I groundwater of low yield/poor quality criteria column shall apply to groundwater within the property boundaries, provided that it has been demonstrated to the Department by a minimum of one year of groundwater monitoring data that groundwater contaminant concentrations at the property boundaries do not, and will not, exceed the appropriate groundwater CTLs specified in subFl. Admin. Code R. 62-780.680(1)(c)1., and that the plume has not affected, and will not affect, a freshwater or marine surface water body pursuant to subFl. Admin. Code R. 62-780.680(1)(c)2.,
2. An engineering control that prevents migration of the plume (for example, a permanent containment such as a barrier wall) is implemented, and it has been demonstrated to the Department by a minimum of one year of groundwater monitoring data that groundwater contaminant concentrations at the property boundaries do not, and will not, exceed the appropriate groundwater CTLs specified in subFl. Admin. Code R. 62-780.680(1)(c)1., and that the plume has not affected, and will not affect, a freshwater or marine surface water body pursuant to subFl. Admin. Code R. 62-780.680(1)(c)2. Periodic monitoring of the engineering control by the PRSR shall be required to verify the effectiveness of the engineering control in preventing migration of the plume. The PRSR shall report to the Department any failures of the engineering control to prevent migration of the plume within 30 days of discovery of a failure. Prior to Department approval of a No Further Action with engineering controls, the PRSR shall provide certification by a registered Professional Engineer that to the best of his or her knowledge the engineering control is consistent with commonly accepted engineering practices, is appropriately designed and constructed for its intended purpose, and has been implemented,
3. For groundwater contamination that is affecting or may potentially affect only a marine surface water body with no other properties or freshwater surface water bodies located between the source property boundary and the marine surface water body, the CTLs specified in chapter 62-777, F.A.C., Table I marine surface water criteria column shall apply to groundwater. The point of measuring compliance with the surface water standards shall be in the groundwater from the landward side immediately adjacent to the surface water body. However, for cleanups being conducted pursuant to Florida Statutes § 376.30701(2), (including petroleum contamination sites being addressed pursuant to Florida Statutes § 376.3071, that are not eligible for state-funded site rehabilitation, if the PRSR elects) or Florida Statutes § 376.81(1), such measurement is not necessary if it has been demonstrated, based on site assessment data provided in accordance with Fl. Admin. Code R. 62-780.600, that the contaminants do not cause or contribute to the exceedance of applicable surface water quality criteria; and,
4. For groundwater contamination that is contained within the property boundaries and limited to the immediate vicinity of the source area, and the area of groundwater contamination is less than 1/4 acre, where it has been demonstrated to the Department by a minimum of one year of groundwater monitoring data and, if applicable, fate and transport modeling results, that the groundwater contamination is not migrating away from such localized source area (the plume is stable or shrinking) and has not affected, and will not affect, a freshwater or marine surface water body pursuant to subFl. Admin. Code R. 62-780.680(1)(c)2., alternative groundwater CTLs shall be established using the monitoring data and, if applicable, modeling results.
(3) Risk Management Options Level III – A No Further Action with institutional controls, (whether such institutional controls are recorded in the public records of the County in which the site is located, or are non-recorded institutional controls), if needed, and, if appropriate, engineering controls shall apply if the controls are protective of human health, public safety, and the environment. Notice of the use of institutional or engineering controls shall be provided in accordance with subsection 62-780.220(7), F.A.C. Alternative CTLs that are based on limitations to land use must be used in conjunction with institutional controls and, if appropriate, engineering controls, to ensure that the limited land use upon which the exposure duration and frequency assumptions were based remains in effect until the PRSR submits information to the Department that supports removal or modification of the recorded controls (if applicable) or that reliance on a non-recorded control is no longer required. The PRSR may also use scientific studies or reports to support a No Further Action Proposal without controls under this subsection. Proposals may be based on information about a contaminant’s toxicity or carcinogenicity, provided such information is consistent with the requirements of subFl. Admin. Code R. 62-780.650(1)(b)2. Proposals for no further action without controls may also be based on information about non-site-specific exposure factors, provided such information is consistent with the requirements of sub-subFl. Admin. Code R. 62-780.650(1)(a)4.b. Fate and transport models, as defined in Fl. Admin. Code R. 62-780.610, may be utilized to justify the No Further Action Proposal. It shall be demonstrated to the Department that the following conditions are met for those contaminants that do not meet Risk Management Options Level I or Level II criteria of subsection 62-780.680(1) or 62-780.680(2), F.A.C.:
(a) Criteria for evaluation of free product are as follows:
1. Free product is not present and no fire or explosive hazard exists as a result of a release of non-aqueous phase liquids, or
2. Free product removal is not technologically feasible or not cost-effective; and,
3. Free product is not migrating and does not pose a risk to human health, public safety or the environment.
(b) Alternative soil CTLs have been established by the PRSR and the following criteria are met for soil in the unsaturated zone:
1. Soil contaminant concentrations measured with discrete samples, or average soil contaminant concentrations calculated based on the 95% UCL approach from discrete or ISM sampling data, do not exceed the alternative direct exposure soil CTLs established pursuant to Fl. Admin. Code R. 62-780.650(1)(d) If the 95% UCL approach is utilized to calculate average soil contaminant concentrations pursuant to this subparagraph [refer to the technical report referenced in subsection 62-780.100(2), F.A.C., for guidance], the following criteria shall be met:
a. An approved statistical method pursuant to subsection 62-780.610(2), F.A.C., shall be used to perform the 95% UCL calculations,
b. The proposed maximum soil contaminant concentrations address the potential risk based on exposure to contaminants which may cause acute toxicity, and the potential for direct contact within the exposure unit that is not equal and random; and,
c. The exposure unit shall reflect normal activity patterns for the existing land use, with supporting institutional controls if the exposure unit exceeds 1/4 acre. The institutional controls shall require recalculation of the 95% UCL if the property is subdivided or land use changes such that the exposure unit utilized in the original calculation is no longer appropriate; and,
2. One or more of the following criteria for leachability are met, as applicable:
a. Soil contaminant concentrations do not exceed the alternative leachability-based soil CTLs established using the alternative groundwater CTLs derived pursuant to Fl. Admin. Code R. 62-780.680(3)(c), and, if applicable, the appropriate surface water CTLs pursuant to Fl. Admin. Code R. 62-780.680(1)(d),
b. Direct leachability testing results pursuant to subFl. Admin. Code R. 62-780.600(5)(c)4., demonstrate that leachate concentrations do not exceed the alternative groundwater CTLs established pursuant to Fl. Admin. Code R. 62-780.680(3)(c), and, if applicable, the appropriate surface water CTLs pursuant to Fl. Admin. Code R. 62-780.680(1)(d),
c. An engineering control that prevents infiltration (for example, permanent impermeable cover material) is implemented, in which case the contaminant concentrations in the soil below the impermeable cover may exceed the leachability-based soil CTLs. Prior to Department approval of a No Further Action with engineering controls, the PRSR shall provide certification by a registered Professional Engineer that, to the best of his or her knowledge, the engineering control is consistent with commonly accepted engineering practices, is appropriately designed and constructed for its intended purpose, and has been implemented. It shall be demonstrated to the Department by a minimum of one year of groundwater monitoring data that contaminants will not leach into the groundwater at concentrations that exceed the appropriate groundwater CTLs established pursuant to Fl. Admin. Code R. 62-780.680(1)(c), or, if the groundwater is already contaminated, at concentrations that exceed the alternative groundwater CTLs established pursuant to Fl. Admin. Code R. 62-780.680(3)(c), and, if applicable, the appropriate surface water CTLs pursuant to Fl. Admin. Code R. 62-780.680(1)(d),
d. Soil contaminant concentrations measured with discrete samples, or average soil contaminant concentrations based upon the 95% UCL approach from discrete or ISM sampling data do not exceed the alternative leachability-based soil CTLs established using site-specific soil properties pursuant to subFl. Admin. Code R. 62-780.600(5)(c)2., the equation and appropriate default assumptions specified in Fl. Admin. Code Chapter 62-777, Figure 8, the alternative groundwater CTLs established pursuant to Fl. Admin. Code R. 62-780.680(3)(c), and, if applicable, the appropriate surface water CTLs pursuant to Fl. Admin. Code R. 62-780.680(1)(d),
e. Soil concentrations of the site-specific fractions of TRPHs established pursuant to subFl. Admin. Code R. 62-780.600(5)(c)3., do not exceed the alternative leachability-based soil CTLs for the TRPH fractions established using the equation and default assumptions specified in chapter 62-777, F.A.C., Figure 8, the chemical/physical parameters provided in Appendix C of the technical report referenced in subsection 62-780.100(2), F.A.C., the alternative groundwater CTL for TRPHs established pursuant to Fl. Admin. Code R. 62-780.680(3)(c), and, if applicable, the appropriate surface water CTL for TRPHs pursuant to Fl. Admin. Code R. 62-780.680(1)(d); and,
f. It has been demonstrated to the Department by a minimum of one year of groundwater monitoring data and, if applicable, fate and transport modeling results that, based upon the site-specific conditions, contaminants will not leach into the groundwater at concentrations that exceed the alternative groundwater CTLs established pursuant to Fl. Admin. Code R. 62-780.680(3)(c), and, if applicable, the appropriate surface water CTLs pursuant to Fl. Admin. Code R. 62-780.680(1)(d); and,
(c) Alternative groundwater CTLs have been established by the PRSR depending on the current and projected use of groundwater in the vicinity of the site, and the following criteria are met:
1. Groundwater contaminant concentrations do not exceed the alternative groundwater CTLs established pursuant to Fl. Admin. Code R. 62-780.650(1)(d), and the plume has not affected, and will not affect, a freshwater or marine surface water body pursuant to subFl. Admin. Code R. 62-780.680(1)(c)2.; and,
2. It has been demonstrated to the Department by a minimum of one year of groundwater monitoring data and, if applicable, fate and transport modeling results, that the plume is stable or shrinking, and groundwater contaminant concentrations at the institutional control boundary do not, and will not, exceed the appropriate groundwater CTLs pursuant to Fl. Admin. Code R. 62-780.680(1)(c), and, if applicable, the appropriate surface water CTLs pursuant to Fl. Admin. Code R. 62-780.680(1)(d)
(4) Unless the No Further Action Proposal is included in a Site Assessment Report pursuant to subFl. Admin. Code R. 62-780.600(8)(b)1., or a Risk Assessment Report pursuant to Fl. Admin. Code R. 62-780.650(4)(a), or a Site Rehabilitation Completion Report pursuant to subsection 62-780.690(10) or 62-780.750(6), F.A.C., the PRSR shall submit to the Department for review an electronic or paper copy of the No Further Action Proposal when the criteria for No Further Action have been met. The No Further Action Proposal shall include the tables required pursuant to subFl. Admin. Code R. 62-780.600(8)(a)27., updated as applicable. Prior to approval of a No Further Action Proposal with an institutional control or an engineering control accompanied by an institutional control, documentation of completion of notification pursuant to subsection 62-780.220(7), F.A.C., shall be submitted to the Department.
(5) The Department shall:
(a) Provide the PRSR with a Site Rehabilitation Completion Order that approves the No Further Action Proposal, or
(b) Notify the PRSR in writing, stating the reason(s) why the No Further Action Proposal does not contain information adequate to support the conclusion that the applicable No Further Action criteria of Fl. Admin. Code R. 62-780.680, have been met. Site rehabilitation activities shall not be deemed complete until such time as a No Further Action Proposal is approved.
(6) If the No Further Action Proposal is incomplete in any respect, or is insufficient to satisfy the objectives of subsection 62-780.680(1), 62-780.680(2), or 62-780.680(3), F.A.C., the Department shall inform the PRSR pursuant to Fl. Admin. Code R. 62-780.680(5)(b), of the basis for a rejection or determination of insufficiency, including the technical and scientific basis for any such rejection. The PRSR shall submit to the Department for review an electronic or paper copy of a revised No Further Action Proposal that addresses the deficiencies within 30 days after receipt of the notice. If the deficiencies are not timely corrected, or cannot be corrected, the PRSR shall submit to the Department for review, as appropriate, an electronic or paper copy of a Natural Attenuation Monitoring Plan pursuant to Fl. Admin. Code R. 62-780.690, or an electronic or paper copy of a Remedial Action Plan pursuant to Fl. Admin. Code R. 62-780.700, within 60 days after receipt of the notice.
(7) When a No Further Action Proposal is approved pursuant to subparagraph 62-780.600(9)(a)1. or paragraph 62-780.650(5)(a), 62-780.680(5)(a), 62-780.690(11)(a) or 62-780.750(7)(a), F.A.C., the Site Rehabilitation Completion Order shall contain, at a minimum, the following information:
(a) The facility identification number or other FDEP or USEPA tracking number, as applicable, that identifies the property where the source(s) of the contaminated site is(are) or was(were) located;
(b) The street address of the property where the source(s) of the contaminated site is(are) or was(were) located;
(c) The date(s) of the discharge(s), if known, that resulted in the contaminated site;
(d) A reference to an attached map or legal description that depicts or describes the contaminated site for which the Site Rehabilitation Completion Order is being issued;
(e) The most recent tables generated by the PRSR pursuant to subFl. Admin. Code R. 62-780.600(8)(a)27., or subsection 62-780.650(4), 62-780.680(4), 62-780.690(10), or 62-780.750(6), F.A.C.;
(f) If applicable, a reference to all engineering and institutional controls that were implemented or relied upon at the contaminated site. For engineering controls, a brief description of the physical control and any maintenance or monitoring requirements shall be included. For recorded institutional controls, a copy of the restrictive covenant (or other recorded instrument) including a reference to the book and page numbers where recorded shall be attached. For non-recorded institutional controls, a citation to the rule(s), ordinance(s), or other instruments (including the Site Rehabilitation Completion Order itself when deemed appropriate by the Department) that comprise the institutional control, shall be included together with a copy of the pertinent sections of the instruments;
(g) If applicable, a statement that the Site Rehabilitation Completion Order is conditioned upon such engineering and institutional controls being effective, properly maintained, and remaining in place. If applicable, the following statement shall be included: “”If the real property owner proposes to remove the institutional controls or engineering controls, the real property owner shall obtain prior written approval from the Department. The removal of the controls shall be accompanied by the immediate resumption of site rehabilitation, or implementation of other approved controls, unless it is demonstrated to the Department that the criteria of subsection 62-780.680(1), F.A.C., are met;”” and,
(h) A statement that the Site Rehabilitation Completion Order is subject to specific statutory re-openers and a listing of those re-openers found in Florida Statutes § 376.30701(4)
(8) Prior to the Department’s approval of a No Further Action Proposal with institutional controls or with institutional and engineering controls or alternative CTLs, the PRSR shall provide notice of the Department’s intent for such approval in accordance with subsection 62-780.220(7), F.A.C.
(9) The Site Rehabilitation Completion Order shall constitute final agency action regarding cleanup activities at the site.
Rulemaking Authority 376.303, 376.3071, 376.30701, 376.3078(4), 376.81, 403.061, 403.0877 FS. Law Implemented 376.3071, 376.30701, 376.3078(4), 376.81, 403.0877 FS. History-New 4-17-05, Amended 6-12-13, 2-4-14, 2-2-17.
Editorial Note: Portions of this rule were copied from rule 62-770.680; 62-782.680; and 62-785.680, F.A.C.
Terms Used In Florida Regulations 62-780.680
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(b) Contaminated soil is not present in the unsaturated zone, as demonstrated by the analyses of soil samples collected from representative sampling locations (unless the Department has concurred that soil sampling is unnecessary based on the site-specific conditions), that show that one or more of the criteria for direct exposure and one or more of the criteria for leachability are met, as applicable:
1. Criteria for direct exposure are as follows:
a. Soil contaminant concentrations, or average soil contaminant concentrations calculated based on the 95% UCL approach pursuant to sub-subFl. Admin. Code R. 62-780.680(1)(b)1.d., do not exceed the less stringent of:
(I) The residential soil CTLs specified in chapter 62-777, F.A.C., Table II,
(II) The background concentrations, or
(III) The best achievable detection limits.
b. Soil contaminant concentrations, or average soil contaminant concentrations calculated based on the 95% UCL approach pursuant to sub-subFl. Admin. Code R. 62-780.680(1)(b)1.d., do not exceed the alternative residential soil CTLs established using site-specific soil properties pursuant to subFl. Admin. Code R. 62-780.600(5)(c)2., and the equations and default residential exposure assumptions specified in chapter 62-777, F.A.C., Figures 4, 5, 6, and 7 and Table VI,
c. Soil concentrations of the site-specific fractions of TRPHs established pursuant to subFl. Admin. Code R. 62-780.600(5)(c)3., or average soil concentrations of the site-specific fractions of TRPHs calculated based on the 95% UCL approach pursuant to sub-subFl. Admin. Code R. 62-780.680(1)(b)1.d., utilizing the soil concentrations of the site-specific fractions of TRPHs established pursuant to subFl. Admin. Code R. 62-780.600(5)(c)3., do not exceed the residential soil CTLs for the TRPH fractions provided in Appendix C of the technical report referenced in subsection 62-780.100(2), F.A.C.; and,
d. If the 95% UCL approach is utilized to calculate average soil contaminant concentrations pursuant to sub-subparagraph 62-780.680(1)(b)1.a., 62-780.680(1)(b)1.b., or 62-780.680(1)(b)1.c., F.A.C. [refer to the technical report referenced in subsection 62-780.100(2), F.A.C., for guidance], the following criteria shall be met:
(I) An approved statistical method pursuant to subsection 62-780.610(2), F.A.C., shall be used to perform the 95% UCL calculations,
(II) The exposure unit shall not exceed 1/4 acre unless it is demonstrated using statistically appropriate techniques, which shall include an appropriate number of samples which are representative of the exposure unit, that the contaminants are uniformly distributed such that a 95% UCL based on an alternative exposure unit size(s) will be sufficiently protective of human health, public safety and the environment. The exposure unit(s) shall be located within the source property boundaries,
(III) A minimum of 10 representative soil samples is required when discrete sample data are used and three representative soil samples when ISM sample data are used; and,
(IV) The average soil concentration shall not be compared with any CTL based upon acute toxicity. For acute toxicity CTLs comparisons must be made with discrete sampling data.
2. Criteria for leachability are as follows:
a. Soil contaminant concentrations measured with discrete samples, or average soil contaminant concentrations based upon the 95% UCL approach from discrete or ISM sampling data do not exceed the less stringent of:
(I) The groundwater and, if applicable, surface water leachability-based soil CTLs specified in chapter 62-777, F.A.C., Table II,
(II) The background concentrations, or
(III) The best achievable detection limits.
b. Soil contaminant concentrations measured with discrete samples, or average soil contaminant concentrations based upon the 95% UCL approach from discrete or ISM sampling data do not exceed the alternative leachability-based soil CTLs established using the equation and default assumptions specified in chapter 62-777, F.A.C., Figure 8, the alternative groundwater CTLs based on the site-specific background concentrations [refer to sub-subFl. Admin. Code R. 62-780.680(1)(c)1.b.], and, if applicable, the alternative surface water CTLs based on the site-specific background concentrations [refer to subFl. Admin. Code R. 62-780.680(1)(d)2.],
c. Direct leachability testing results pursuant to subFl. Admin. Code R. 62-780.600(5)(c)4., demonstrate that leachate concentrations do not exceed the appropriate groundwater CTLs pursuant to Fl. Admin. Code R. 62-780.680(1)(c), and, if applicable, the appropriate surface water CTLs pursuant to Fl. Admin. Code R. 62-780.680(1)(d),
d. Soil contaminant concentrations do not exceed the alternative leachability-based soil CTLs established using site-specific soil properties pursuant to subFl. Admin. Code R. 62-780.600(5)(c)2., the equation and appropriate default assumptions specified in chapter 62-777, F.A.C., Figure 8, and the appropriate groundwater CTLs pursuant to Fl. Admin. Code R. 62-780.680(1)(c); and, if applicable, the appropriate surface water CTLs pursuant to Fl. Admin. Code R. 62-780.680(1)(d),
e. Soil concentrations of the site-specific fractions of TRPHs established pursuant to subFl. Admin. Code R. 62-780.600(5)(c)3., do not exceed the leachability-based soil CTLs for the TRPH fractions provided in Appendix C of the technical report referenced in subsection 62-780.100(2), F.A.C.,
f. For soil that is and has been exposed to the elements (i.e., open ground, not covered by impermeable or semi-permeable cover) and subject to infiltration throughout the entire unsaturated zone for a minimum of two years, it has been subsequently demonstrated to the Department by a minimum of one year of groundwater monitoring data that contaminants will not leach into the groundwater at concentrations that exceed the appropriate groundwater CTLs pursuant to Fl. Admin. Code R. 62-780.680(1)(c), and, if applicable, the appropriate surface water CTLs pursuant to Fl. Admin. Code R. 62-780.680(1)(d) This demonstration shall consider site-specific characteristics such as the thickness of the unsaturated zone, depth and mass of soil contaminants, soil lithology, actual precipitation, concentration gradients, and the chemical and physical characteristics of the contaminants, or
(c) Contaminated groundwater is not present, as demonstrated by the analyses of groundwater samples collected from representative sampling locations (unless the Department has concurred that groundwater sampling is unnecessary based on the site-specific conditions), that show that criteria 1. and 2. are met:
1. Groundwater contaminant concentrations do not exceed the less stringent of:
a. The groundwater CTLs specified in chapter 62-777, F.A.C., Table I groundwater criteria column, except that for contaminated sites undergoing site rehabilitation pursuant to sections 376.30701 and 376.81, F.S., and petroleum contamination sites being addressed pursuant to Florida Statutes § 376.3071, that are not eligible for state-funded site rehabilitation, if the PRSR elects, groundwater contaminant concentrations may exceed the groundwater CTLs derived from nuisance, organoleptic, or aesthetic considerations if the following additional criteria are met:
(I) Concentrations of contaminants meet all applicable health-based groundwater CTLs provided in chapter 62-777, F.A.C., Table I groundwater criteria column, and chapter 62-780, F.A.C., Table F, located at the end of Fl. Admin. Code R. 62-780.900, and if applicable, surface water CTLs pursuant to Fl. Admin. Code R. 62-780.680(1)(d),
(II) The PRSR has demonstrated by a minimum of one year of groundwater monitoring data that groundwater concentrations at the property boundary do not, and will not, exceed the groundwater CTLs pursuant to subparagraph 62-780.680(1)(c)1. or 2., F.A.C., and, if applicable, the surface water CTLs pursuant to Fl. Admin. Code R. 62-780.680(1)(d),
(III) The property has access to and is connected to an off site water supply for domestic purposes and private wells are not used for domestic purposes. For purposes of this rule, “”domestic purposes”” means that the water is used for human consumption such as bathing, cooking, or drinking, and is provided through pipes or other constructed conveyances; and,
(IV) For contaminated sites undergoing site rehabilitation pursuant to Florida Statutes § 376.81, the real property owner provides written acceptance of the No Further Action Proposal to the Department. For all other sites being closed under this provision, the real property owner does not object to the No Further Action Proposal to the Department.
b. The background concentrations, or
c. The best achievable detection limits; and,
2. Groundwater contaminant concentrations do not exceed the surface water CTLs specified in chapter 62-777, F.A.C., Table I freshwater surface water criteria column or marine surface water criteria column, as applicable, if the site’s groundwater contaminant concentrations are affecting or may potentially affect a surface water body based on monitoring well data, groundwater flow rate and direction, or fate and transport modeling. The point of measuring compliance with the surface water standards shall be in the groundwater from the landward side immediately adjacent to the surface water body. However, for cleanups being conducted pursuant to Florida Statutes § 376.30701(2), (including petroleum contamination sites being addressed pursuant to Florida Statutes § 376.3071, that are not eligible for state-funded site rehabilitation, if the PRSR elects) or Florida Statutes § 376.81(1), such measurement is not necessary if it has been demonstrated, based onsite assessment data provided in accordance with Fl. Admin. Code R. 62-780.600, that the contaminants do not cause or contribute to the exceedance of applicable surface water quality criteria.
(d) Contaminated surface water is not present, as demonstrated by the analyses of surface water samples collected from representative sampling locations (unless the Department has concurred that surface water sampling is unnecessary based on the site-specific conditions), that show that contaminant concentrations do not exceed the less stringent of:
1. The applicable surface water CTLs specified in chapter 62-777, F.A.C., Table I freshwater surface water criteria column or marine surface water criteria column,
2. The background concentrations, or
3. The best achievable detection limits; and,
(e) Contaminated sediment is not present, as demonstrated by the analyses of sediment samples collected from representative sampling locations (unless the Department has concurred that sediment sampling is unnecessary based on the site-specific conditions), or the concentrations of contaminants in sediment do not exceed the background concentrations.
(2) Risk Management Options Level II – A No Further Action with institutional controls (whether such institutional controls are recorded in the public records of the County in which the site is located, or are non-recorded institutional controls), and, if appropriate, engineering controls shall apply if the controls are protective of human health, public safety, and the environment. Notice of the use of institutional or engineering controls shall be provided in accordance with subsection 62-780.220(7), F.A.C. Fate and transport models, as defined in Fl. Admin. Code R. 62-780.610, may be utilized to justify the No Further Action Proposal. It shall be demonstrated to the Department that the following conditions are met for those contaminants that do not meet Risk Management Options Level I criteria of subsection 62-780.680(1), F.A.C.:
(a) Criteria for evaluation of free product are as follows:
1. Free product is not present and no fire or explosive hazard exists as a result of a release of non-aqueous phase liquids, or
2. Free product removal is not technologically feasible or cost-effective; and,
3. Free product is not migrating and does not pose a risk to human health, public safety or the environment.
(b) Alternative soil CTLs have been established by the PRSR and one or more of the criteria for direct exposure and one or more of the criteria for leachability are met for soil in the unsaturated zone, as applicable:
1. Criteria for direct exposure are as follows:
a. Soil contaminant concentrations measured with discrete samples, or average soil contaminant concentrations calculated based on the 95% UCL approach from discrete or ISM sampling data, do not exceed the commercial/industrial soil CTLs specified in chapter 62-777, F.A.C., Table II,
b. An engineering control that prevents human exposure (for example, permanent cover material or a minimum of two feet of soil) is implemented, in which case the contaminant concentrations in the soil below the permanent cover or two or more feet below land surface may exceed the direct exposure soil CTLs. Prior to Department approval of a No Further Action with engineering controls, the PRSR shall provide certification by a registered Professional Engineer that to the best of his or her knowledge the engineering control is consistent with commonly accepted engineering practices, is appropriately designed and constructed for its intended purpose, and has been implemented,
c. Soil contaminant concentrations, or average soil contaminant concentrations calculated based on the 95% UCL approach pursuant to sub-subFl. Admin. Code R. 62-780.680(2)(b)1.e., do not exceed the alternative commercial/industrial soil CTLs calculated using site-specific soil properties pursuant to subFl. Admin. Code R. 62-780.600(5)(c)2., and the equations and default commercial/industrial exposure assumptions specified in chapter 62-777, F.A.C., Figures 4, 5, 6, and 7 and Table VI,
d. Soil concentrations of the site-specific fractions of TRPHs established pursuant to subFl. Admin. Code R. 62-780.600(5)(c)3., or average soil contaminant concentrations of the site-specific fractions of TRPHs calculated based on the 95% UCL approach pursuant to sub-subFl. Admin. Code R. 62-780.680(2)(b)1.e., utilizing the soil concentrations of the site-specific fractions of TRPHs established pursuant to subFl. Admin. Code R. 62-780.600(5)(c)3., do not exceed the commercial/industrial soil CTLs for the TRPH fractions provided in Appendix C of the technical report referenced in subsection 62-780.100(2), F.A.C.; and,
e. If the 95% UCL approach is utilized to calculate average soil contaminant concentrations pursuant to sub-subparagraph 62-780.680(2)(b)1.a., 62-780.680(2)(b)1.c. or 62-780.680(2)(b)1.d., F.A.C., [refer to the technical report referenced in subsection 62-780.100(2), F.A.C., for guidance], the following criteria shall be met:
(I) An approved statistical method pursuant to subsection 62-780.610(2), F.A.C., shall be used to perform the 95% UCL calculations,
(II) The exposure unit shall be located within the source property boundaries and reflect normal activity patterns for the existing commercial/industrial land use with supporting institutional controls. The institutional controls shall require recalculation of the 95% UCL if the property is subdivided or land use changes such that the exposure unit utilized in the original calculation is no longer appropriate; and,
(III) A minimum of 10 representative soil samples is required when discrete sampling data are used and three representative soil samples when ISM data are used.
2. Criteria for leachability are as follows:
a. Soil contaminant concentrations do not exceed the alternative leachability-based soil CTLs established using the equations and default assumptions specified in chapter 62-777, F.A.C., Figure 8, the alternative groundwater CTLs derived pursuant to Fl. Admin. Code R. 62-780.680(2)(c), and, if applicable, the appropriate surface water CTLs pursuant to Fl. Admin. Code R. 62-780.680(1)(d),
b. Direct leachability testing results pursuant to subFl. Admin. Code R. 62-780.600(5)(c)4., demonstrate that leachate concentrations do not exceed the alternative groundwater CTLs established pursuant to Fl. Admin. Code R. 62-780.680(2)(c), and, if applicable, the appropriate surface water CTLs pursuant to Fl. Admin. Code R. 62-780.680(1)(d),
c. An engineering control that prevents infiltration (for example, permanent impermeable cover material) is implemented, in which case the contaminant concentrations in the soil below the impermeable cover may exceed the leachability based soil CTLs. Prior to Department approval of a No Further Action with engineering controls, the PRSR shall provide certification by a registered Professional Engineer that, to the best of his or her knowledge, the engineering control is consistent with commonly accepted engineering practices, is appropriately designed and constructed for its intended purpose, and has been implemented. It shall be demonstrated to the Department by a minimum of one year of groundwater monitoring data that contaminants will not leach into the groundwater at concentrations that exceed the appropriate groundwater CTLs pursuant to Fl. Admin. Code R. 62-780.680(1)(c), or, if the groundwater is already contaminated, at concentrations that exceed the alternative groundwater CTLs established pursuant to Fl. Admin. Code R. 62-780.680(2)(c), and, if applicable, the appropriate surface water CTLs pursuant to Fl. Admin. Code R. 62-780.680(1)(d),
d. Soil contaminant concentrations measured with discrete samples, or average soil contaminant concentrations based upon the 95% UCL approach from discrete or ISM sampling data do not exceed the alternative leachability-based soil CTLs established using site-specific soil properties pursuant to subFl. Admin. Code R. 62-780.600(5)(c)2., the equation and appropriate default assumptions specified in chapter 62-777, F.A.C., Figure 8, the alternative groundwater CTLs established pursuant to Fl. Admin. Code R. 62-780.680(2)(c), and, if applicable, the appropriate surface water CTLs pursuant to Fl. Admin. Code R. 62-780.680(1)(d),
e. Soil concentrations of the site-specific fractions of TRPHs established pursuant to subFl. Admin. Code R. 62-780.600(5)(c)3., do not exceed the alternative leachability-based soil CTLs for the TRPH fractions established using the equation and assumptions specified in chapter 62-777, F.A.C., Figure 8, the chemical/physical parameters provided in Appendix C of the technical report referenced in subsection 62-780.100(2), F.A.C., the alternative groundwater CTL for TRPHs established pursuant to Fl. Admin. Code R. 62-780.680(2)(c), and, if applicable, the appropriate surface water CTL for TRPHs pursuant to Fl. Admin. Code R. 62-780.680(1)(d); and,
f. It has been demonstrated to the Department by a minimum of one year of groundwater monitoring data and, if applicable, fate and transport modeling results that, based upon the site-specific conditions, contaminants will not leach into the groundwater at concentrations that exceed the appropriate groundwater CTLs established pursuant to Fl. Admin. Code R. 62-780.680(1)(c), or if the groundwater is already contaminated, at concentrations that exceed the alternative groundwater CTLs established pursuant to Fl. Admin. Code R. 62-780.680(2)(c), and, if applicable, the appropriate surface water CTLs pursuant to Fl. Admin. Code R. 62-780.680(1)(d); and,
(c) Alternative groundwater CTLs have been established by the PRSR depending on the current and projected use of groundwater in the vicinity of the site and one or more of the following criteria are met, as applicable:
1. For contamination of groundwater of low yield or poor quality, the CTLs specified in chapter 62-777, F.A.C., Table I groundwater of low yield/poor quality criteria column shall apply to groundwater within the property boundaries, provided that it has been demonstrated to the Department by a minimum of one year of groundwater monitoring data that groundwater contaminant concentrations at the property boundaries do not, and will not, exceed the appropriate groundwater CTLs specified in subFl. Admin. Code R. 62-780.680(1)(c)1., and that the plume has not affected, and will not affect, a freshwater or marine surface water body pursuant to subFl. Admin. Code R. 62-780.680(1)(c)2.,
2. An engineering control that prevents migration of the plume (for example, a permanent containment such as a barrier wall) is implemented, and it has been demonstrated to the Department by a minimum of one year of groundwater monitoring data that groundwater contaminant concentrations at the property boundaries do not, and will not, exceed the appropriate groundwater CTLs specified in subFl. Admin. Code R. 62-780.680(1)(c)1., and that the plume has not affected, and will not affect, a freshwater or marine surface water body pursuant to subFl. Admin. Code R. 62-780.680(1)(c)2. Periodic monitoring of the engineering control by the PRSR shall be required to verify the effectiveness of the engineering control in preventing migration of the plume. The PRSR shall report to the Department any failures of the engineering control to prevent migration of the plume within 30 days of discovery of a failure. Prior to Department approval of a No Further Action with engineering controls, the PRSR shall provide certification by a registered Professional Engineer that to the best of his or her knowledge the engineering control is consistent with commonly accepted engineering practices, is appropriately designed and constructed for its intended purpose, and has been implemented,
3. For groundwater contamination that is affecting or may potentially affect only a marine surface water body with no other properties or freshwater surface water bodies located between the source property boundary and the marine surface water body, the CTLs specified in chapter 62-777, F.A.C., Table I marine surface water criteria column shall apply to groundwater. The point of measuring compliance with the surface water standards shall be in the groundwater from the landward side immediately adjacent to the surface water body. However, for cleanups being conducted pursuant to Florida Statutes § 376.30701(2), (including petroleum contamination sites being addressed pursuant to Florida Statutes § 376.3071, that are not eligible for state-funded site rehabilitation, if the PRSR elects) or Florida Statutes § 376.81(1), such measurement is not necessary if it has been demonstrated, based on site assessment data provided in accordance with Fl. Admin. Code R. 62-780.600, that the contaminants do not cause or contribute to the exceedance of applicable surface water quality criteria; and,
4. For groundwater contamination that is contained within the property boundaries and limited to the immediate vicinity of the source area, and the area of groundwater contamination is less than 1/4 acre, where it has been demonstrated to the Department by a minimum of one year of groundwater monitoring data and, if applicable, fate and transport modeling results, that the groundwater contamination is not migrating away from such localized source area (the plume is stable or shrinking) and has not affected, and will not affect, a freshwater or marine surface water body pursuant to subFl. Admin. Code R. 62-780.680(1)(c)2., alternative groundwater CTLs shall be established using the monitoring data and, if applicable, modeling results.
(3) Risk Management Options Level III – A No Further Action with institutional controls, (whether such institutional controls are recorded in the public records of the County in which the site is located, or are non-recorded institutional controls), if needed, and, if appropriate, engineering controls shall apply if the controls are protective of human health, public safety, and the environment. Notice of the use of institutional or engineering controls shall be provided in accordance with subsection 62-780.220(7), F.A.C. Alternative CTLs that are based on limitations to land use must be used in conjunction with institutional controls and, if appropriate, engineering controls, to ensure that the limited land use upon which the exposure duration and frequency assumptions were based remains in effect until the PRSR submits information to the Department that supports removal or modification of the recorded controls (if applicable) or that reliance on a non-recorded control is no longer required. The PRSR may also use scientific studies or reports to support a No Further Action Proposal without controls under this subsection. Proposals may be based on information about a contaminant’s toxicity or carcinogenicity, provided such information is consistent with the requirements of subFl. Admin. Code R. 62-780.650(1)(b)2. Proposals for no further action without controls may also be based on information about non-site-specific exposure factors, provided such information is consistent with the requirements of sub-subFl. Admin. Code R. 62-780.650(1)(a)4.b. Fate and transport models, as defined in Fl. Admin. Code R. 62-780.610, may be utilized to justify the No Further Action Proposal. It shall be demonstrated to the Department that the following conditions are met for those contaminants that do not meet Risk Management Options Level I or Level II criteria of subsection 62-780.680(1) or 62-780.680(2), F.A.C.:
(a) Criteria for evaluation of free product are as follows:
1. Free product is not present and no fire or explosive hazard exists as a result of a release of non-aqueous phase liquids, or
2. Free product removal is not technologically feasible or not cost-effective; and,
3. Free product is not migrating and does not pose a risk to human health, public safety or the environment.
(b) Alternative soil CTLs have been established by the PRSR and the following criteria are met for soil in the unsaturated zone:
1. Soil contaminant concentrations measured with discrete samples, or average soil contaminant concentrations calculated based on the 95% UCL approach from discrete or ISM sampling data, do not exceed the alternative direct exposure soil CTLs established pursuant to Fl. Admin. Code R. 62-780.650(1)(d) If the 95% UCL approach is utilized to calculate average soil contaminant concentrations pursuant to this subparagraph [refer to the technical report referenced in subsection 62-780.100(2), F.A.C., for guidance], the following criteria shall be met:
a. An approved statistical method pursuant to subsection 62-780.610(2), F.A.C., shall be used to perform the 95% UCL calculations,
b. The proposed maximum soil contaminant concentrations address the potential risk based on exposure to contaminants which may cause acute toxicity, and the potential for direct contact within the exposure unit that is not equal and random; and,
c. The exposure unit shall reflect normal activity patterns for the existing land use, with supporting institutional controls if the exposure unit exceeds 1/4 acre. The institutional controls shall require recalculation of the 95% UCL if the property is subdivided or land use changes such that the exposure unit utilized in the original calculation is no longer appropriate; and,
2. One or more of the following criteria for leachability are met, as applicable:
a. Soil contaminant concentrations do not exceed the alternative leachability-based soil CTLs established using the alternative groundwater CTLs derived pursuant to Fl. Admin. Code R. 62-780.680(3)(c), and, if applicable, the appropriate surface water CTLs pursuant to Fl. Admin. Code R. 62-780.680(1)(d),
b. Direct leachability testing results pursuant to subFl. Admin. Code R. 62-780.600(5)(c)4., demonstrate that leachate concentrations do not exceed the alternative groundwater CTLs established pursuant to Fl. Admin. Code R. 62-780.680(3)(c), and, if applicable, the appropriate surface water CTLs pursuant to Fl. Admin. Code R. 62-780.680(1)(d),
c. An engineering control that prevents infiltration (for example, permanent impermeable cover material) is implemented, in which case the contaminant concentrations in the soil below the impermeable cover may exceed the leachability-based soil CTLs. Prior to Department approval of a No Further Action with engineering controls, the PRSR shall provide certification by a registered Professional Engineer that, to the best of his or her knowledge, the engineering control is consistent with commonly accepted engineering practices, is appropriately designed and constructed for its intended purpose, and has been implemented. It shall be demonstrated to the Department by a minimum of one year of groundwater monitoring data that contaminants will not leach into the groundwater at concentrations that exceed the appropriate groundwater CTLs established pursuant to Fl. Admin. Code R. 62-780.680(1)(c), or, if the groundwater is already contaminated, at concentrations that exceed the alternative groundwater CTLs established pursuant to Fl. Admin. Code R. 62-780.680(3)(c), and, if applicable, the appropriate surface water CTLs pursuant to Fl. Admin. Code R. 62-780.680(1)(d),
d. Soil contaminant concentrations measured with discrete samples, or average soil contaminant concentrations based upon the 95% UCL approach from discrete or ISM sampling data do not exceed the alternative leachability-based soil CTLs established using site-specific soil properties pursuant to subFl. Admin. Code R. 62-780.600(5)(c)2., the equation and appropriate default assumptions specified in Fl. Admin. Code Chapter 62-777, Figure 8, the alternative groundwater CTLs established pursuant to Fl. Admin. Code R. 62-780.680(3)(c), and, if applicable, the appropriate surface water CTLs pursuant to Fl. Admin. Code R. 62-780.680(1)(d),
e. Soil concentrations of the site-specific fractions of TRPHs established pursuant to subFl. Admin. Code R. 62-780.600(5)(c)3., do not exceed the alternative leachability-based soil CTLs for the TRPH fractions established using the equation and default assumptions specified in chapter 62-777, F.A.C., Figure 8, the chemical/physical parameters provided in Appendix C of the technical report referenced in subsection 62-780.100(2), F.A.C., the alternative groundwater CTL for TRPHs established pursuant to Fl. Admin. Code R. 62-780.680(3)(c), and, if applicable, the appropriate surface water CTL for TRPHs pursuant to Fl. Admin. Code R. 62-780.680(1)(d); and,
f. It has been demonstrated to the Department by a minimum of one year of groundwater monitoring data and, if applicable, fate and transport modeling results that, based upon the site-specific conditions, contaminants will not leach into the groundwater at concentrations that exceed the alternative groundwater CTLs established pursuant to Fl. Admin. Code R. 62-780.680(3)(c), and, if applicable, the appropriate surface water CTLs pursuant to Fl. Admin. Code R. 62-780.680(1)(d); and,
(c) Alternative groundwater CTLs have been established by the PRSR depending on the current and projected use of groundwater in the vicinity of the site, and the following criteria are met:
1. Groundwater contaminant concentrations do not exceed the alternative groundwater CTLs established pursuant to Fl. Admin. Code R. 62-780.650(1)(d), and the plume has not affected, and will not affect, a freshwater or marine surface water body pursuant to subFl. Admin. Code R. 62-780.680(1)(c)2.; and,
2. It has been demonstrated to the Department by a minimum of one year of groundwater monitoring data and, if applicable, fate and transport modeling results, that the plume is stable or shrinking, and groundwater contaminant concentrations at the institutional control boundary do not, and will not, exceed the appropriate groundwater CTLs pursuant to Fl. Admin. Code R. 62-780.680(1)(c), and, if applicable, the appropriate surface water CTLs pursuant to Fl. Admin. Code R. 62-780.680(1)(d)
(4) Unless the No Further Action Proposal is included in a Site Assessment Report pursuant to subFl. Admin. Code R. 62-780.600(8)(b)1., or a Risk Assessment Report pursuant to Fl. Admin. Code R. 62-780.650(4)(a), or a Site Rehabilitation Completion Report pursuant to subsection 62-780.690(10) or 62-780.750(6), F.A.C., the PRSR shall submit to the Department for review an electronic or paper copy of the No Further Action Proposal when the criteria for No Further Action have been met. The No Further Action Proposal shall include the tables required pursuant to subFl. Admin. Code R. 62-780.600(8)(a)27., updated as applicable. Prior to approval of a No Further Action Proposal with an institutional control or an engineering control accompanied by an institutional control, documentation of completion of notification pursuant to subsection 62-780.220(7), F.A.C., shall be submitted to the Department.
(5) The Department shall:
(a) Provide the PRSR with a Site Rehabilitation Completion Order that approves the No Further Action Proposal, or
(b) Notify the PRSR in writing, stating the reason(s) why the No Further Action Proposal does not contain information adequate to support the conclusion that the applicable No Further Action criteria of Fl. Admin. Code R. 62-780.680, have been met. Site rehabilitation activities shall not be deemed complete until such time as a No Further Action Proposal is approved.
(6) If the No Further Action Proposal is incomplete in any respect, or is insufficient to satisfy the objectives of subsection 62-780.680(1), 62-780.680(2), or 62-780.680(3), F.A.C., the Department shall inform the PRSR pursuant to Fl. Admin. Code R. 62-780.680(5)(b), of the basis for a rejection or determination of insufficiency, including the technical and scientific basis for any such rejection. The PRSR shall submit to the Department for review an electronic or paper copy of a revised No Further Action Proposal that addresses the deficiencies within 30 days after receipt of the notice. If the deficiencies are not timely corrected, or cannot be corrected, the PRSR shall submit to the Department for review, as appropriate, an electronic or paper copy of a Natural Attenuation Monitoring Plan pursuant to Fl. Admin. Code R. 62-780.690, or an electronic or paper copy of a Remedial Action Plan pursuant to Fl. Admin. Code R. 62-780.700, within 60 days after receipt of the notice.
(7) When a No Further Action Proposal is approved pursuant to subparagraph 62-780.600(9)(a)1. or paragraph 62-780.650(5)(a), 62-780.680(5)(a), 62-780.690(11)(a) or 62-780.750(7)(a), F.A.C., the Site Rehabilitation Completion Order shall contain, at a minimum, the following information:
(a) The facility identification number or other FDEP or USEPA tracking number, as applicable, that identifies the property where the source(s) of the contaminated site is(are) or was(were) located;
(b) The street address of the property where the source(s) of the contaminated site is(are) or was(were) located;
(c) The date(s) of the discharge(s), if known, that resulted in the contaminated site;
(d) A reference to an attached map or legal description that depicts or describes the contaminated site for which the Site Rehabilitation Completion Order is being issued;
(e) The most recent tables generated by the PRSR pursuant to subFl. Admin. Code R. 62-780.600(8)(a)27., or subsection 62-780.650(4), 62-780.680(4), 62-780.690(10), or 62-780.750(6), F.A.C.;
(f) If applicable, a reference to all engineering and institutional controls that were implemented or relied upon at the contaminated site. For engineering controls, a brief description of the physical control and any maintenance or monitoring requirements shall be included. For recorded institutional controls, a copy of the restrictive covenant (or other recorded instrument) including a reference to the book and page numbers where recorded shall be attached. For non-recorded institutional controls, a citation to the rule(s), ordinance(s), or other instruments (including the Site Rehabilitation Completion Order itself when deemed appropriate by the Department) that comprise the institutional control, shall be included together with a copy of the pertinent sections of the instruments;
(g) If applicable, a statement that the Site Rehabilitation Completion Order is conditioned upon such engineering and institutional controls being effective, properly maintained, and remaining in place. If applicable, the following statement shall be included: “”If the real property owner proposes to remove the institutional controls or engineering controls, the real property owner shall obtain prior written approval from the Department. The removal of the controls shall be accompanied by the immediate resumption of site rehabilitation, or implementation of other approved controls, unless it is demonstrated to the Department that the criteria of subsection 62-780.680(1), F.A.C., are met;”” and,
(h) A statement that the Site Rehabilitation Completion Order is subject to specific statutory re-openers and a listing of those re-openers found in Florida Statutes § 376.30701(4)
(8) Prior to the Department’s approval of a No Further Action Proposal with institutional controls or with institutional and engineering controls or alternative CTLs, the PRSR shall provide notice of the Department’s intent for such approval in accordance with subsection 62-780.220(7), F.A.C.
(9) The Site Rehabilitation Completion Order shall constitute final agency action regarding cleanup activities at the site.
Rulemaking Authority 376.303, 376.3071, 376.30701, 376.3078(4), 376.81, 403.061, 403.0877 FS. Law Implemented 376.3071, 376.30701, 376.3078(4), 376.81, 403.0877 FS. History-New 4-17-05, Amended 6-12-13, 2-4-14, 2-2-17.
Editorial Note: Portions of this rule were copied from rule 62-770.680; 62-782.680; and 62-785.680, F.A.C.