Section 62-780.700 - Active Remediation(1) If the conditions at a site do not satisfy the No Further Action criteria of rule 62-780.680, F.A.C., or the Natural Attenuation Monitoring criteria of rule 62-780.690, F.A.C., within the time frames specified in Table A, located at the end of rule 62-780.900, F.A.C., or the CAD, the PRSR shall prepare and submit to the Department for review an electronic or paper copy of a Remedial Action Plan. The Remedial Action Plan shall be prepared pursuant to this rule and shall contain all of the information required herein. The objective of the active remediation shall be to meet the applicable No Further Action criteria of rule 62-780.680, F.A.C., or the Natural Attenuation Monitoring criteria of rule 62-780.690, F.A.C. The Remedial Action Plan shall provide a design that addresses cleanup of all contaminated soil, sediment, groundwater, or surface water as a result of the discharge for which the PRSR is conducting site rehabilitation. Additionally, if the Remedial Action Plan addresses contamination that has migrated into any medium beyond the boundary of the source property (i.e., the location from which the contamination is emanating), then the point of compliance may be temporarily extended beyond the property boundary with appropriate monitoring, if such extension is needed to address the current conditions of the plume, provided human health, public safety, and the environment are protected. If the point of compliance is proposed to be temporarily extended beyond the property boundary, it cannot be extended further than the lateral extent of the plume at the time of execution of a CAD, if known, or the lateral extent of the plume as defined at the time of the approved site assessment. Prior to the Department authorizing a temporary extension of the point of compliance beyond the property boundary, the PRSR shall provide notice and an opportunity to comment pursuant to subsection 62-780.220(3), F.A.C.(2) Prior to performing any pilot study, within the time frames specified in Table A or the CAD the PRSR shall submit to the Department for review an electronic or paper copy of a Pilot Study Work Plan to determine the need for any applicable Department permits or authorizations (for example, underground injection control, National Pollutant Discharge Elimination System, or air emissions), and to ensure that human health and the environment are adequately protected. The Department shall:(a) Provide the PRSR with written approval of the Pilot Study Work Plan, or(b) Notify the PRSR in writing, stating the reason(s) why the Pilot Study Work Plan does not contain information adequate to support the conclusion that the pilot study will comply with all applicable requirements of subsection 62-780.700(2), F.A.C.(3) The Remedial Action Plan shall: (a) Include all applicable information required by subsection 62-780.300(2), F.A.C.;(b) Summarize the Site Assessment Report conclusions and any additional data obtained since its submittal to the Department;(c) If groundwater contamination is present, include results from a round of groundwater sampling and analyses from a number of monitoring wells adequate to determine the highest concentrations of contaminants, to verify the horizontal and vertical extent of the plume, and to provide design data for the Remedial Action Plan. If the latest analytical data were obtained greater than 270 days prior to submittal of the Remedial Action Plan then a confirmatory round of sampling and analyses is required. If the results from the confirmatory round of sampling contradict earlier results, then the applicable site assessment tasks specified in rule 62-780.600, F.A.C., shall be performed to evaluate the current site conditions;(d) Explain the rationale for the active remediation methods selected, which shall include at a minimum: 1. Results from any pilot studies or bench tests; and,2. Results of an evaluation of remedial alternatives (including source removal), and a discussion of why other remedial alternatives considered were rejected, based on the following criteria:a. Long-term and short-term human health and environmental effects,b. Implementability, which may include ease of construction, site access, and necessity for permits,c. Operation and maintenance requirements, f. Estimated time required to achieve cleanup; and,g. Cost-effectiveness of installation, operation, and maintenance, when compared to other site remediation alternatives;(e) Include an evaluation of the known production of breakdown contaminants or by-products resulting from bioremediation, oxidation, or other natural processes, as applicable;(f) Summarize the design, construction details, and operational details of the equipment to be used during active remediation, including, if applicable:1. The disposition of any effluent,2. The expected concentrations of contaminants in the effluent,3. The method of air emissions treatment and the expected quantities in pounds per day of any contaminants discharged into air as a result of all the on-site active remediation systems. A separate air permit will not be required if the total air emissions from all the on-site remediation equipment system(s) do not exceed 5.5 lbs/day for any single Hazardous Air Pollutant (HAP) or 13.7 pounds per day for total HAPs. For on-site remediation equipment system(s) located at a facility that is a Title V source pursuant to chapter 62-213, F.A.C., a separate permit pursuant to that chapter may be required,4. The rates of application and concentrations of any in situ chemical or biological enhancement technologies implemented; and,5. The schedule for maintenance and monitoring of the remediation system.(g) If groundwater contamination is present: 1. For remedial systems that include groundwater recovery, include a list of contaminants to be monitored in the recovery well(s) and in the effluent from the treatment system (based on the type of treatment employed and disposition of the effluent), the designation of recovery well(s) to be sampled, and a proposal for their sampling frequency. Contaminants that do not exceed the background concentrations or the applicable CTLs in samples from the recovery wells for two consecutive sampling events with a sampling frequency not less than quarterly may be excluded from subsequent monitoring events,2. Include a list of contaminants to be monitored, the designation of a representative number of monitoring wells and, if applicable, surface water bodies to be sampled, and a proposal for their sampling frequency adequate to monitor the cleanup progress during active remediation, and the description of the methodology proposed to evaluate the effectiveness and efficiency of the remediation system. The designated wells shall include at least one well located at the downgradient edge of the plume and one well in the area of maximum groundwater contamination or directly adjacent to it if the area of highest groundwater contamination is inaccessible (for example, under a structure). For cleanups expected to last greater than two years, wells shall be sampled quarterly for the first year and semiannually thereafter. For cleanups expected to last less than two years, wells shall be sampled quarterly. For all cleanups, an alternative sampling frequency can be approved based upon site-specific conditions. A reporting frequency should be established that is sufficient to evaluate the progress of the cleanup and a single report can be used to summarize multiple sampling events, as approved based upon site-specific conditions,3. Include a list of contaminants to be monitored and the designation of a representative number of currently and previously contaminated monitoring wells that shall be sampled once a year during active remediation in order to redefine the plume and fully evaluate the effectiveness and efficiency of the remediation system; and,4. Include the designation of a representative number of monitoring wells, piezometers, and, if applicable, staff gauge locations to collect water-level data each time groundwater samples are collected; and,(h) Provide the details of any proposed treatment or disposition of contaminated soil or sediment. If contaminated soil exists at the site and active remediation does not include treatment or removal of such soil, the Remedial Action Plan shall include a proposal to implement an institutional control or both an institutional and an engineering control, pursuant to subsection 62-780.680(2) or 62-780.680(3), F.A.C., unless only leachability-based soil CTLs are exceeded and the site is expected to meet the criteria for Natural Attenuation Monitoring after active remediation has been implemented.(4) Other requirements to be included in the Remedial Action Plan, if applicable, include the following: (a) Vacuum extraction systems shall be equipped with a means of air emissions treatment for at least the first 30 days of system operation. Air emissions treatment may be discontinued after the first 30 days of system operation if the total air emissions from all the on-site remediation equipment system(s) do not exceed 5.5 lbs/day for any single HAP or 13.7 pounds per day for total HAPs;(b) Bioventing systems shall be equipped with a means of air emissions treatment unless the Remedial Action Plan design is based on respiration rates and optimum air flow that result in soil remediation primarily by bioremediation with minimal volatilization of contaminants. This objective shall be confirmed by emissions sampling during startup;(c) In situ air sparging systems shall be designed and operated in conjunction with air emissions treatment system(s) unless the Remedial Action Plan design is based on sparging rates and optimum air flow with minimal volatilization of contaminants. This objective shall be confirmed by emissions sampling during startup. If a vacuum extraction system is used, the vacuum extraction system shall operate at an air flow rate at least 50% greater than the sparging air flow rate, and the vacuum extraction system shall be provided with air emissions control as described in paragraph 62-780.700(4)(a), F.A.C.;(d) Biosparging systems shall be equipped with a means of air emissions control unless the Remedial Action Plan design is based on the optimum air sparging rates that promote biological activity with minimal volatilization of contaminants. This objective shall be confirmed by emissions sampling during startup;(e) Multi-phase extraction systems shall be equipped with a means of air emissions treatment for at least the first 30 days of system operation. Air emissions treatment may be discontinued after the first 30 days of system operation if the total air emissions from all the on-site remediation equipment system(s) do not exceed 5.5 lbs/day for any single HAP or 13.7 pounds per day for total HAPs; and, (f) A sampling and reporting schedule shall be specified for monitoring vacuum extraction systems, in situ sparging, bioremediation, or other in situ means of remediation of soil and groundwater. The reporting schedule should reflect the overall requirements of the Remedial Action Plan and, as appropriate and approved in the Remedial Action Plan, multiple sampling events can be combined in a single report.(5) The Remedial Action Plan may propose active remediation followed by natural attenuation with monitoring. The active remediation may consist solely of soil remediation, short-term or intermittent groundwater remediation, other remedial enhancements, or combinations of these. The discontinuation of active remediation may be appropriate at any time depending on the site-specific characteristics and conditions. The Remedial Action Plan shall include a discussion of when the active remediation will be discontinued. If the PRSR chooses to utilize the provisions of this subsection, natural attenuation monitoring shall be performed pursuant to subsection 62-780.690(8), F.A.C., when the Natural Attenuation Monitoring criteria of rule 62-780.690, F.A.C., have been met.(6) The Remedial Action Plan may propose the use of new and innovative technologies or approaches to meet the No Further Action criteria of rule 62-780.680, F.A.C., or the Natural Attenuation with Monitoring criteria of rule 62-780.690, F.A.C. The Remedial Action Plan shall include a demonstration that the proposed technology or approach meets the criteria of subsections 62-780.700(1) -(5), F.A.C. These technologies or approaches may include low-cost enhancements to natural attenuation. Natural attenuation with monitoring shall be suspended during the implementation of the enhancement, pursuant to subsection 62-780.690(9), F.A.C.(7) The Department shall: (a) Provide the PRSR with a Remedial Action Plan Approval Order approving the Remedial Action Plan, or(b) Notify the PRSR in writing, stating: 1. The reason(s) why the Remedial Action Plan does not contain information adequate to support the conclusion that the active remediation objectives will comply with all applicable requirements of rule 62-780.700, F.A.C., or2. The reason(s) why the proposal, plan, or recommendation included in the Remedial Action Plan is not supported by the applicable criteria.(8) If the Remedial Action Plan is incomplete in any respect, or is insufficient to satisfy the objectives of subsection 62-780.700(3), F.A.C., the Department shall inform the PRSR pursuant to paragraph 62-780.700(7)(b), F.A.C., and the PRSR shall submit to the Department for review an electronic or paper copy of a Remedial Action Plan Addendum that addresses the deficiencies within 60 days after receipt of the notice.(9) Prior to implementation of the Remedial Action Plan, the PRSR shall obtain all applicable Department permits or authorizations required for site rehabilitation activities (for example, separate permits for underground injection control, National Pollutant Discharge Elimination System, or air emissions), if not included in the Remedial Action Plan approval. The PRSR is advised that other federal or local laws and regulations may apply to these activities.(10) Within the time frames specified in Table A or the CAD, an electronic or paper copy engineering drawings (As-Built Drawings) for installed mechanical remediation systems and associated structures (e.g., slurry wall, permeable reactive barrier) shall be submitted by the PRSR to the Department. The engineering drawings shall include all construction and equipment design specifications of the installed active remediation system(s) and any operational parameters different from those in the approved Remedial Action Plan. A summary of the system(s) startup activities shall be attached to the engineering drawings. For other types of remedial action including episodic treatment with mobile equipment, injection of chemical or biological remediation products, or contaminated soil excavation, revised site figures shall be provided indicating placement of remediation wells, injection wells, or boundaries of excavation.(11) Within the time frames specified in Table A or the CAD, the operation of the active remediation system(s) shall be initiated unless, after the exercise of reasonable diligence, applicable permits required pursuant to subsection 62-780.700(9), F.A.C., have not been obtained. The following shall be obtained or determined during active remediation at the specified frequencies and turnaround times, as applicable, unless otherwise provided in the approved Remedial Action Plan: (a) Water-level data collected from all designated wells, piezometers, and staff gauge locations each time monitoring wells and recovery wells are sampled (water-level measurements shall be made within a 24-hour period). If water-level data or operational parameters remain unchanged, the PRSR may propose, pursuant to paragraph 62-780.700(14)(b), F.A.C., that the requirement be modified or discontinued;(b) Total volume of free product recovered and the thickness and horizontal extent of free product during the reporting period until free product recovery is completed;(c) Total volume of groundwater recovered from each recovery well during each month of the operating period for the first year, and quarterly thereafter or at an alternative frequency as proposed in the approved Remedial Action Plan;(d) Concentrations of applicable contaminants based on analyses performed on the effluent from the groundwater treatment system, daily for the first three days with a 24-hour turnaround on analytical results of the samples collected the first two days, weekly for the next three weeks, monthly for the next two months, quarterly for the next two years, and semiannually thereafter or at an alternative frequency as proposed in the approved Remedial Action Plan;(e) Concentrations of applicable contaminants based on analyses performed on the untreated groundwater from the selected individual recovery well(s), as proposed in the approved Remedial Action Plan, weekly for the first month, monthly for the next two months, quarterly for the next two years, and semiannually thereafter or at an alternative frequency as proposed in the approved Remedial Action Plan. Sampling of groundwater from individual multi-phase extraction wells to evaluate the performance of the recovery and treatment system shall be performed as necessary; as approved in the Remedial Action Plan;(f) Analytical data from all monitoring wells sampled during the remediation year to monitor rehabilitation progress during active remediation, including all applicable information required by subsection 62-780.300(2), F.A.C.;(g) Operational parameters for in situ system(s), which include measurements of biological, chemical, or physical indicators that will verify radius of influence at representative monitoring locations, weekly for the first month, monthly for the next two months, quarterly for the first two years, and semiannually thereafter. If a demonstration is provided to the Department that operational parameters remain unchanged, the PRSR may propose, pursuant to paragraph 62-780.700(14)(b), F.A.C., that the monitoring be modified or discontinued;(h) Operational parameters for bioremediation system(s), including measurements of dissolved oxygen at representative monitoring locations; rates of biological, chemical, or nutrient enhancement additions; and any other indicators of biological activity as proposed in the approved Remedial Action Plan; weekly for the first month, monthly for the next two months, and quarterly thereafter or at an alternative frequency as proposed in the approved Remedial Action Plan. If a demonstration is provided to the Department that operational parameters remain unchanged, the PRSR may propose, pursuant to paragraph 62-780.700(14)(b), F.A.C., that the monitoring be modified or discontinued;(i) Concentrations of recovered vapors from a vacuum extraction system, and post-treatment air emissions if air emissions treatment is provided, weekly for the first month, monthly for the next two months, and quarterly thereafter or at an alternative frequency as proposed in the approved Remedial Action Plan (if applicable air quality standards are not exceeded for two consecutive monthly or quarterly sampling events, the PRSR may submit to the Department for review a proposal for a different sampling frequency; for activated carbon off-gas treatment, additional sampling events may be performed based on the estimated time of breakthrough), as follows: 1. Concentrations of recovered vapors from individual wells shall be determined using an organic vapor analyzer with a flame ionization detector, or other applicable field detection device, in order to optimize the airflow rate and contaminant recovery,2. Influent and effluent samples shall be collected using appropriate air sampling protocols and shall be analyzed for contaminants using an appropriate analytical method referenced in the approved Remedial Action Plan.(j) Percentage of system operation time and the treatment efficiency for all operating treatment systems, including the dates when the site was visited and whether the system was operating upon arrival at the site and upon departure from the site; and,(k) Results of analyses of soil samples taken to verify that the applicable No Further Action criteria of rule 62-780.680, F.A.C., or the applicable Natural Attenuation Monitoring criteria of rule 62-780.690, F.A.C., have been met, based on one of the following: 1. When both field screening and laboratory results using the most sensitive method for the constituents being analyzed for vacuum extraction systems indicate no detectable concentrations of contaminants in the recovered vapors,2. When the screening for bioventing parameters indicates that the bioventing is complete, or3. If alternative soil CTLs were established pursuant to rule 62-780.650, F.A.C., when system performance or monitoring using the applicable analytical methods for the appropriate constituents indicate that the alternative soil CTLs have been achieved.(12) During implementation of the Remedial Action Plan, within the time frames specified in Table A or the CAD the PRSR shall submit to the Department for review an electronic or paper copy of status reports of remedial action. The Remedial Action Status Report shall contain the following, as applicable: (a) A summary of the data requested in paragraphs 62-780.700(11)(a) -(k), F.A.C.;(b) All applicable information required by subsection 62-780.300(2), F.A.C.;(c) A summary of the estimated mass of contaminants recovered in all phases, including free product, dissolved, and vapor phases, by all the on-site remediation equipment;(d) One or more scaled site maps that shows groundwater flow direction(s), and the current degree and extent of the contamination;(e) Conclusions as to the effectiveness of the active remediation for the specified period covered in the status report; and,(f) Recommendations to continue or discontinue the operation of the treatment system(s) or to modify the site rehabilitation including switching to Natural Attenuation Monitoring in accordance with rule 62-780.690, F.A.C.(13) If effluent concentrations or air concentrations exceed those in the approved Remedial Action Plan, or plume migration occurs during remediation system startup or during operation of the treatment system(s), corrective actions shall be taken and the Department shall be notified by the PRSR within seven days. If the condition may represent an imminent threat to human health, public safety, or the environment, the Department shall be notified within 24 hours. Details of all such incidents shall be included in the status report described in subsection 62-780.700(12), F.A.C.(14) At any time during implementation of the Remedial Action Plan, the PRSR may propose and justify: (a) Supplemental assessment to determine alternative CTLs pursuant to rule 62-780.650, F.A.C.;(b) Modifications to existing treatment or recovery system(s), or modifications or discontinuation of requirements outlined in the remedial action status report prepared pursuant to subsection 62-780.700(12), F.A.C.;(c) Innovative technologies pursuant to subsection 62-780.700(6), F.A.C., or other alternative technologies or approaches, or(d) Discontinuation of active remediation and commencement of Natural Attenuation Monitoring. The proposal shall include a Natural Attenuation with Monitoring Plan pursuant to subsection 62-780.690(4), F.A.C.(15) The Department shall:(a) Provide the PRSR with written approval of the proposal, or(b) Notify the PRSR in writing, stating the reason(s) why the proposal does not contain information adequate to comply with applicable requirements of subsection 62-780.700(14), F.A.C.(16) If the proposal is incomplete in any respect, or is insufficient to satisfy the applicable requirements of subsection 62-780.700(14), F.A.C., the Department shall inform the PRSR pursuant to paragraph 62-780.700(15)(b), F.A.C., and the PRSR shall submit to the Department for review an electronic or paper copy of a revised Natural Attenuation Monitoring Plan or other proposal pursuant to paragraphs 62-780.700(14)(a) -(c), F.A.C., that addresses the deficiencies, within 60 days after receipt of the notice. If the deficiencies are not timely corrected, or cannot be corrected, the PRSR shall continue the implementation of the approved Remedial Action Plan within 30 days after receipt of the notice.(17) Active remediation shall be deemed complete when the No Further Action criteria of subsection 62-780.680(1), 62-780.680(2), or 62-780.680(3), F.A.C., have been met, or may be deemed complete when the Natural Attenuation with Monitoring criteria of rule 62-780.690, F.A.C., have been met.(18) For sites conducting active groundwater remediation, if the site does not meet the No Further Action criteria of subsection 62-780.680(1), F.A.C., or the Natural Attenuation Monitoring criteria of rule 62-780.690, F.A.C., the PRSR may submit to the Department for review an electronic or paper copy of a proposal to discontinue active groundwater remediation, provided the following demonstration and analyses are met:(a) Contaminated soil has been properly removed and disposed, or treated in situ, so that the applicable soil CTLs are met or addressed by the enactment and implementation of institutional controls or both institutional and engineering controls;(b) After a minimum of one year of groundwater treatment, concentrations of contaminants in designated monitoring wells and recovery wells have leveled off. This demonstration shall be based on subsequent monthly sampling results obtained for a minimum of 180 days, unless an alternative frequency has been approved in the Remedial Action Plan or pursuant to subsection 62-780.700(14), F.A.C. "Leveling off" shall mean that the graph of contaminant concentrations versus time generally fits a curve defined by the equation C=Cf+Coe-kt, that the lower limb of the curve is substantially linear, and that the slope of the final portion of the curve approaches zero. Applicable statistical methods shall be applied to demonstrate this conclusion. In the preceding equation, symbols are defined as follows:1. C: concentration of the applicable contaminant at time t,2. Cf: coefficient representing final concentration that the curve approaches asymptotically, 3. Co: coefficient representing concentration difference between the final concentration and the concentration at time zero,4. e: 2.718, the base of natural logarithms, 5. k: coefficient representing the exponential factor that indicates how fast the concentration approaches Cf;6. t: time in days from some fixed starting point.(c) An analysis or demonstration has been made of:1. The technical feasibility of enhancements to the existing remediation system,2. The technical feasibility of other proven groundwater or soil treatment techniques to further reduce the concentrations of applicable contaminants at the site,3. The costs and time frames involved to further reduce the concentrations of applicable contaminants employing the alternative method(s) proposed,4. The effects on the designated or potential use of the water resource if contaminants remain at existing concentrations,5. The effect on, and any protection that may be required of, surface water resources,6. The effect on human health, public safety, and the environment if contaminants remain at existing concentrations, 7. The extent and potential for further migration of contaminated groundwater above background concentrations or applicable CTLs; and,8. Institutional controls or both institutional and engineering controls that may be necessary to ensure protection of the public and the environment from future use of contaminated groundwater.(19) If a demonstration pursuant to subsection 62-780.700(18), F.A.C., was completed, the PRSR shall compile the results of the demonstration and analyses described in paragraphs 62-780.700(18)(a) -(c), F.A.C., in a report and shall submit an electronic or paper copy of the report to the Department for review within the time frames of Table A or the CAD. The Department shall determine, using the criteria specified in paragraph 62-780.700(18)(c), F.A.C., whether modifications to the Remedial Action Plan are required pursuant to subsection 62-780.700(14), F.A.C., to effect further treatment; however, if alternative methods are not required, active remediation shall be deemed complete.(20) When the No Further Action criteria of subsection 62-780.680(1), F.A.C., the site-specific alternative cleanup target levels, or the leveling off criteria of subsection 62-780.700(18), F.A.C., have been met, an electronic or paper copy of a Post Active Remediation Monitoring Plan prepared pursuant to the Post Active Remediation Monitoring criteria described in rule 62-780.750, F.A.C., shall be submitted by the PRSR to the Department for review (unless the Department has concurred that Post Active Remediation Monitoring of groundwater is unnecessary based on the site-specific conditions). If the Department agrees that groundwater sampling is unnecessary and the site meets the No Further Action criteria of subsection 62-780.680(1), 62-780.680(2) or 62-780.680(3), F.A.C., a Site Rehabilitation Completion Order shall be issued as referenced in subsection 62-780.680(7), F.A.C.Fla. Admin. Code Ann. R. 62-780.700
Rulemaking Authority 376.303, 376.3071, 376.30701, 376.3078(4), 376.81, 403.0877 FS. Law Implemented 376.3071, 376.30701, 376.3078(4), 376.81, 403.0877 FS.
New 4-17-05, Amended 6-12-13, Amended by Florida Register Volume 43, Number 011, January 18, 2017 effective 2/2/2017. Editorial Note: Portions of this rule were copied from rule 62-770.700, Formerly 17-70.010 and Formerly 17-770.700; 62-782.700; and 62-785.700, F.A.C.Portions of this rule were copied from rule 62-770.700, Formerly 17-70.010 and Formerly 17-770.700; 62-782.700; and 62-785.700, F.A.C.
New 4-17-05, Amended 6-12-13, 2-2-17.