§ 27-322. Mineral acid storage tank requirements.
(a)
Definitions. The following words, phrases or terms used in this section, unless the context indicates otherwise, shall have the following meaning:
(1)
Aboveground means that more than ninety (90) percent of a tank volume is not buried below the ground surface. An aboveground tank may either be in contact with or elevated above the ground.
(2)
Containment and integrity plan or CIP means a document designed, created, and maintained at a facility, which shall be considered a public record and made available pursuant to the provisions of Chapter 119, F.S. The CIP establishes procedures for the inspection and maintenance program for tanks storing mineral acids at that facility. The inspection and maintenance program shall be designed for the chemical and physical characteristics of the specific mineral acid stored, and for the specific materials of construction of the tank. The CIP shall be designed to ensure control of the specific mineral acid for the expected lifetime of the tank.
(3)
Discharge includes, but is not limited to, any spilling, leaking, seeping, pouring, misapplying, emitting, emptying, or dumping of any mineral acid which occurs and which affects lands and the surface and groundwaters of the state.
(4)
Discovery means, as related to a discharge, initial detection of mineral acids in groundwater or surface water, or the initial detection of soil contamination, resulting from the discharge of mineral acids in quantities greater than the amounts reportable in section 27-322.
(5)
Existing storage tank means a tank that was installed on or before January 7, 1992. Installation is considered to have begun, if:
a.
The owner or operator has obtained, or has applied for, all federal, state, and local approvals or permits necessary to begin physical construction of the site or installation of the tank; and
b.
Either a continuous on-site physical construction or installation program has begun or the owner or operator has entered into contractual obligations which cannot be canceled or modified without substantial economic loss.
(6)
Facility means any non-residential location or part thereof containing an aboveground tank or tanks that contain specified mineral acids that have an individual storage capacity greater than one hundred ten (110) gallons.
(7)
Flow-through process tank means an aboveground tank that contains hazardous substances or specified mineral acids and that forms an integral part of a production process through which there is a steady, variable, recurring, or intermittent flow of materials during the operation of the process. Flow-through process tanks include, but are not limited to, seal tanks, vapor recovery units, surge tanks, blend tanks, feed tanks, check and delay tanks, batch tanks, oil-water separators, or tanks in which mechanical, physical, or chemical change of a material is accomplished.
(8)
Inspection and maintenance plan means a plan that establishes the procedures used to prevent releases of mineral acids.
(9)
Liner means an artificially constructed material of sufficient thickness, density, and composition that will contain the discharge of any specified mineral acid from an aboveground tank until such time as the mineral acid can be neutralized and/or removed. The liner shall prevent any escape of specified mineral acids or accumulated liquid to the soil, surface water, or groundwater (except through secondary containment as provided in section 27-322(a)(17).
(10)
Mineral acids means hydrobromic acid (HBr), hydrochloric acid (HCl), hydrofluoric acid (HF), phosphoric acid (H 3 PO 4 ), and sulfuric acid (H 2 SO 4 ), including those five (5) acids in solution, if at least twenty (20) percent by weight of the solution is one (1) of the five (5) listed acids.
(11)
New tank means a tank that was installed after January 7, 1992.
(12)
Non-residential means the tank is not used at a private dwelling.
(13)
Operator means any person operating a facility, whether by lease, contract, or other form of agreement.
(14)
Owner means any person owning an aboveground tank subject to §§ 376.320—376.326, F.S.
(15)
Permitted wastewater treatment system means a facility to which the FDEP has issued a permit to treat wastewater and release the treated product into the environment.
(16)
Residential has the meaning give it in article XII, section 27-352, Broward County Code.
(17)
Secondary containment means a system that is used for release prevention, and may include one or more of the following devices:
a.
A double-walled tank;
b.
An external liner; or
c.
A system or structure constructed such that accidental releases from a tank would be collected by a drainage system within the system or structure and routed to a permitted wastewater treatment system, plant recirculating process system, or alternative containment system approved by the EPGMD in accordance with section 27-316.
(18)
Stationary means a tank or tanks not meant for multiple site use or that remain in one (1) location at the facility site for a period of one hundred eighty (180) days or longer.
(19)
Tank means an aboveground stationary device that is constructed primarily of non-earthen materials (e.g., concrete, metal, plastic, glass) that provides structural support and is designed primarily to contain mineral acids. Connected piping from the tank to and including the nearest cutoff valve shall be considered part of the tank for purposes of this definition. "Tank" does not include flow-through process tanks.
(20)
Upgrade means the replacement of a tank or the installation of secondary containment.
(b)
Prohibitions. The following prohibitions shall apply to this section:
(1)
No construction or other intrusive activities shall be initiated, proceed or continue at any site, location or property where it is known or discovered that such site, location or property overlies or contains contaminants until the applicant obtains prior approval to construct from EPGMD, unless the work is part of a source removal as defined in article XII of this code.
(2)
Storage, handling, usage or production of any mineral acid tank shall be prohibited within Zone 1 of a wellfield as defined in article XIII, unless licensed by EPGMD in accordance with the provisions of article XIII, Broward County Code.
(3)
No person shall abandon a storage tank facility that has been used to store mineral acid without performing a closure in accordance with the provisions of sections 27-317(c)(1)a.1. through 3., 27-317(c)(3) and 27-356(b)(4)e. of the Broward County Code
(c)
Applicability. The requirements of this rule apply to owners and operators of a facility with an aboveground storage tank with a storage capacity of more than one hundred ten (110) gallons that contains mineral acids.
(d)
Exemptions.
(1)
The following systems are exempt from the requirements of this rule:
a.
Any mobile or skid tank that is moved at least every one hundred eighty (180) days;
b.
Any tank containing mineral acids that are less than twenty (20) percent by weight of the solution;
c.
Any tank of one hundred ten (110) gallons or less capacity that contains mineral acids;
d.
Any flow-through process tank; and
e.
Any tank containing mineral acids that are regulated as hazardous wastes under Subtitle C of the Resource Conservation and Recovery Act.
(e)
Notification. 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.
(1)
The owner or operator of a storage tank system shall notify EPGMD of the following:
a.
The date and method of closure at least thirty (30) days before closure of a tank;
b.
Any change in ownership of a tank no later than thirty (30) days after ownership has been transferred. The notice of change of ownership shall be provided by the transferor. The notice shall include a copy of the bill of sale or a letter of acceptance by the new owner;
c.
Upgrading of a tank, at least ten (10) days before upgrading occurs, except for emergency replacements of tanks or connected piping required by an actual or anticipated discharge. Notification of emergency replacement shall be provided within ten (10) days after the emergency replacement.
d.
Any change in license application form information, including any change in the identity of the material being stored.
(2)
EPGMD shall be notified of the certification of the CIP or the secondary containment system on FDEP Form 62-762.891(10)(c) within ten (10) days of the completion of the form. The Containment and Integrity Plan Certification Form shall be signed by a professional engineer registered in the State of Florida.
(3)
Within three (3) working days of discovery, EPGMD shall be notified of any release into a secondary containment system of a mineral acid in excess of one hundred ten (110) gallons, or the reportable quantity in effect on July 1, 1991, under the Comprehensive Environmental Response Compensation and Liability Act of 1980, whichever is greater.
(f)
License requirements. A storage tank facility license shall be required to build, erect, operate, modify, close or replace, in whole or in part, any storage tank system that is intended to store mineral acids unless otherwise exempted by the code in accordance with the provisions of section 27-306 of this article. This provision does not apply to routine maintenance procedures.
(g)
Performance standards for mineral acid tanks.
(1)
General.
a.
Existing mineral acid storage facilities that were in operation after January 1, 1992, shall have either a CIP or secondary containment.
b.
New or replacement mineral acid tanks installed after July 1, 1992, shall have secondary containment.
(2)
Containment and Integrity Plans. The CIP shall include procedures and requirements to minimize the risk of spills, releases, and discharges from tanks. The CIP shall be reviewed and updated at least every two (2) years by a professional engineer registered in the state of Florida. The CIP shall be made available for inspection by the EPGMD, and shall address:
a.
An inspection and maintenance program detailing:
1.
The qualifications of the person providing the inspection;
2.
The inspection and routine maintenance procedures;
3.
Schedules used to evaluate and maintain the integrity of the tank, and secondary containment (if applicable);
4.
Release detection procedures; and
5.
Frequency of inspections and proper response to inspection findings.
b.
Materials of construction for each tank and compatibility of the mineral acid with the construction materials;
c.
Secondary containment of tanks, if applicable;
d.
Location of surface water bodies near the tank and the potential for discharges to enter the surface water body or to move off-site;
e.
Discharge response procedures for containment and abatement;
f.
Cleanup procedures; and
g.
For tanks without secondary containment, the CIP shall also address:
1.
Procedures and equipment for treating spill wastes;
2.
Procedures for disposing of spill wastes;
3.
Containment and diversionary structures to prevent discharges from entering the nearby surface water bodies or moving off-site; and
4.
A demonstration of corrosion protection of the tank if the tanks are in contact with the soil.
(3)
Containment and Integrity Plan alternatives. In place of the CIP, a certification may be provided to EPGMD by a professional engineer registered in the state of Florida that:
a.
No mineral acid tank at the facility is in direct contact with the ground; and
b.
A secondary containment system has been placed under and around each tank, and sealed to its supports. Secondary containment shall be either:
1.
Designed and built to contain in excess of one hundred ten (110) percent of the capacity of the largest tank within the containment; or
2.
Equipped with a drainage system routed to a permitted wastewater treatment system that is capable of containing any accidental release from the tank.
(4)
Secondary containment. Tanks installed after July 1, 1992, shall have secondary containment and meet the requirements of this section before the tank is placed into active service. Liners used for secondary containment that are installed after July 13, 1998 shall meet the requirements of section 27-307(a)(1)e.1. through 3.
(5)
Certification. A professional engineer registered in the state of Florida shall certify that:
a.
The tanks covered by the CIP for that facility have been inspected and maintained in accordance with the CIP and that the integrity and containment of the tanks has not been compromised. For purposes of this certification, maintenance will be presumed to have been performed if the professional engineer verifies that records demonstrating compliance with this subsection are available, complete, and indicate proper maintenance; or
b.
The tank or tanks have secondary containment in accordance with this subsection.
(h)
Recordkeeping. Copies of the following shall be maintained and made available for inspection by EPGMD at reasonable times:
(1)
The Containment and Integrity Plan; or
(2)
The certification of secondary containment.
(i)
Reporting of discharges. Within twenty-four (24) hours of discovery, or before the close of the next business day, FDEP Form 62-761.900(1) shall be used to report any discharge exceeding:
(1)
One hundred (100) pounds of hydrobromic or hydrofluoric acid;
(2)
One thousand (1,000) pounds of sulfuric acid; or
(3)
Five thousand (5,000) pounds of hydrochloric or phosphoric acid.
(j)
Discharge response.
(1)
When evidence of a discharge from a tank is discovered and reported in accordance with section 27-322(i) the owner or operator shall:
a.
Remove as much of the mineral acid from the tank as necessary to prevent further discharge;
b.
Repair the tank in accordance with original design specifications; and
c.
If the storage tank cannot be repaired, all mineral acid shall be removed from the tank and the tank shall be permanently closed.
(2)
Any owner or operator of a facility discharging mineral acids shall immediately undertake to contain, remove, neutralize, or otherwise abate the discharge.
(Ord. No. 1999-46, § 1, 8-31-99; Ord. No. 2005-11, §§ 8, 9, 5-24-05; Ord. No. 2009-56, § 1, 8-25-09)