§ 27-305. Notifications and reporting.
Required notifications include those specified in this section, in the license conditions and within all applicable sections of the code. Notifications shall be directed from owners or operators of storage tank systems to EPGMD on forms as prescribed by EPGMD. The owner or operator of a storage tank system shall notify EPGMD of the following:
(a)
Notification requirements:
(1)
Storage tank system closure, internal inspection of a UST, internal inspection performed in accordance with API Standard No. 653, upgrading or installation to meet the requirements of section 27-307 or this Code. An oral or written notice shall be required for the purpose of inspection at least forty-eight (48) hours prior to the start of the activity;
(2)
At least forty-eight (48) hours before:
a.
The establishment of temporary out-of-service status for field-erected ASTs; and
b.
Performing any tightness test or Stage II functional test required under this Code.
(3)
Within thirty (30) days after completion, the owner or operator shall notify the EPGMD of the following:
a.
Any change in ownership of a facility or of a storage tank system. Notice of change of ownership shall be provided to the EPGMD by the new owner. The notice shall include a copy of the bill of sale or a letter of acceptance by the new owner;
b.
Closure or upgrading of a storage tank system; and
c.
Any change or correction in the information reported in EPGMD's storage tank application form including changes in the type of hazardous material stored, within thirty (30) days of the change. Changes within the same blends of hazardous material should not be reported (e.g., regular unleaded to premium unleaded gasoline).
(4)
Placement of a tank that is in service to out-of-service status at least ten (10) days before the out-of-service status begins;
(5)
Before the close of the County's next business day for an emergency change to an out-of-service status made as required by section 27-315. Verbal or written notification of the activities specified in subparagraph (1) above performed as a direct result of the emergency change in service shall be made to the County before initiating the activities.
(6)
Underground storage tank systems. Within thirty (30) days after installation, replacement, or removal of a storage tank system, the Certified Contractor shall submit a completed Underground Storage Tank System Installation and Removal FDEP Form 62-761.900(5) to the County.
(7)
AST and UST systems. Within thirty (30) days after installation, replacement or modification of a storage tank system, or prior to operating the modified storage tank system, whichever comes first, engineering "as-builts" or "record" drawings and applicable storage tank and piping system tests shall be submitted to EPGMD for approval.
(b)
Incident notification requirements.
(1)
Notification of the discovery of the following incidents shall be made to the County on FDEP's Incident Notification Form 62-761.900(6) within twenty-four (24) hours or before the close of the County's next business day:
a.
A failed SIR evaluation, or inconclusive SIR evaluations as specified in section 27-308(c)(3)c.3., or a failed or inconclusive tightness, pressure, or breach of integrity test;
b.
Internal inspection results, including perforations, corrosion holes, weld failures, or other similar defects, that indicate that a release could have occurred;
c.
Unusual operating conditions, such as the erratic behavior of product dispensing equipment, the sudden loss of product from a storage tank system, or any unexplained presence of water in a tank or unexplained presence of water with or without sheen in a piping sump, unless system equipment is found to be defective but not leaking;
d.
The presence of odors of a hazardous material from surface water or groundwater, soil, basements, sewers and utility lines at a facility or in the surrounding area from which it could be reasonably concluded that a release or discharge may have occurred;
e.
The loss of a hazardous material from a storage tank system exceeding one hundred (100) gallons on impervious surfaces, other than secondary containment, such as driveways, airport runways, or other similar asphalt or concrete surfaces, provided that the loss does not come in contact with pervious surfaces;
f.
The loss of a hazardous material exceeding five hundred (500) gallons inside a dike field area with secondary containment;
g.
A positive response of release detection devices or methods described in section 27-308(c), or approved under section 27-316. A positive response shall be the indication of a release of hazardous materials, an exceedance of the Release Detection Response Level, or a breach of integrity of a storage tank system; and
h.
The presence of free product in a piping sump.
(2)
Incident Notification Form 62-761.900(6) need not be submitted if:
a.
Within twenty-four (24) hours of discovery of an incident, or before the close of the County's next business day, the investigation of the incident confirms that a discharge did not occur; or
b.
An Incident Notification Form was previously submitted for that incident.
(c)
Discharge reporting requirements.
(1)
Upon discovery of an unreported discharge, the owner or operator shall report the following to the County on Discharge Report Form 62-761.900(1) within twenty-four (24) hours or before the close of the County's next business day:
a.
Results, or receipt of results, of analytical or field tests of surface water or groundwater indicating the presence of contamination by:
1.
A hazardous substance from a UST or AST system;
2.
A hazardous material, other than petroleum products; or
3.
Petroleum products' contaminants of concern specified in Table I or II, as applicable, in Chapter 62-777, F.A.C.;
b.
Free product or sheen of a hazardous material, or a hazardous material that is visibly observed in soil, on surface water, in groundwater samples, on basement floors, in subsurface utility conduits or vaults, or in sewer lines at the facility or in the surrounding areas;
c.
A spill or overfill event of a hazardous material to soil or another pervious surface, equal to or exceeding twenty-five (25) gallons, unless the hazardous material has a more stringent reporting requirement specified in C.F.R. Title 40, Part 302, or article XII, section 27-355(a)(1), Broward County Code;
d.
Results of analytical or field tests of soil indicating the presence of contamination by:
1.
A hazardous substance from a UST or AST system;
2.
A hazardous material, other than petroleum products;
3.
Petroleum products' contaminants of concern that exceed the lower of direct exposure residential and leachability based on groundwater criteria cleanup target levels specified in Table II in Chapter 62-777, F.A.C., unless due to a spill or overfill event in a quantity less than that described in subparagraph c. above; or
e.
Soils stained by hazardous materials that are observed during a closure assessment performed in accordance with section 27-317(d).
(2)
Copies of analytical or field test results that confirm a discharge shall be submitted to the County with Discharge Report Form 62-761.900(1).
(3)
A request for a retraction of a submitted Discharge Report Form may be submitted to the County if evidence is presented that a discharge did not occur at the facility.
(4)
A Discharge Report FDEP Form 62-761.900(1) does not need to be submitted for previously reported discharges.
(Ord. No. 1999-46, § 1, 8-31-99; Ord. No. 2005-11, §§ 3, 6, 5-24-05; Ord. No. 2009-56, § 1, 8-25-09; Ord. No. 2013-16, § 4, 2-26-13)