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POLLUTANT DISCHARGE ACT
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CHAPTER 62N-16
POLLUTANT DISCHARGE ACT
TABLE OF CONTENTS
PAGE
62N-16.002 Departmental Jurisdiction. (REPEALED)
3
62N-16.003 Operational Response to Pollution Incident. (REPEALED)
3
62N-16.004 Removal and Disposal of Unknown Containerized Substances. (REPEALED)
3
62N-16.009 Application of Definitions.
3
62N-16.0105 Registration Certificates; Applications; Equipment; Fees. (REPEALED)
6
62N-16.012 Discharge Cleanup Organization; Approval.
6
62N-16.013 Safety and Operation of Vessels. (REPEALED)
7
62N-16.014 Removal of Prohibited Discharges; Procedure. (REPEALED)
7
62N-16.016 Security in Lieu of Attachment by a Vessel after a Discharge. (REPEALED)
7
62N-16.017 Arbitration Proceedings. (REPEALED)
7
62N-16.018 Civil Violations -- Proceedings. (REPEALED)
7
62N-16.019 Excise Tax on the Transfer of Liquid Anhydrous Ammonia. (REPEALED)
8
62N-16.020 Reimbursement of Damage Claims. (REPEALED)
8
62N-16.021 Certification of Repairs. (REPEALED)
8
62N-16.022 Notification of Pollutant Discharge.
8
62N-16.023 Removal and Disposal of Derelict Vessels. (REPEALED)
8
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62N-16.024 Form: New Application for Terminal Facility Registration Certificate. (REPEALED)
9
62N-16.025 Form: Renewal Application for Terminal Facility Registration Certificate. (REPEALED) 9
62N-16.026 Form: Application for Approval as a Discharge Cleanup Organization. (REPEALED)
9
62N-16.027 Form: Request for Reimbursement for Damage. (REPEALED)
9
62N-16.028 Departmental Jurisdictional Boundary Lines. (REPEALED)
9
62N-16.029 Derelict Vessel Removal Grant Program.
9
62N-16.032 Terminal Facility Discharge Prevention and Response Certificates; Inspections.
11
62N-16.033 Terminal Facility Discharge Contingency Plan.
11
62N-16.034 Additional Equipment to Clean Up a 10,000 Gallon Pollutant Discharge.
15
62N-16.035 Transfers. (REPEALED)
15
62N-16.036 Vessel Spill Contingency Plan. (REPEALED)
16
62N-16.037 Vessel Financial Security Statement; Documentation. (REPEALED)
16
62N-16.038 Form: Vessel Financial Security Statement. (REPEALED)
16
62N-16.043 Lobster Traps. (REPEALED)
16
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62N-16.002 Departmental Jurisdiction. (REPEALED)
Specific Authority 376.07 FS. Law Implemented 376.051 FS. History-New 11-21-83,
Formerly 16N-16.02, 16N-16.002, Repealed 1-7-96.
62N-16.003 Operational Response to Pollution Incident. (REPEALED)
Specific Authority 376.07 FS. Law Implemented 376.051 FS. History-New 11-21-83,
Amended 10-3-85, Formerly 16N-16.03, 16N-16.003, Repealed 1-7-96.
62N-16.004 Removal and Disposal of Unknown Containerized Substances.
(REPEALED)
Specific Authority 376.07 FS. Law Implemented 376.051 FS. History-New 11-21-83,
Amended 10-3-85, Formerly 16N-16.04, 16N-16.004, Repealed 1-7-96.
62N-16.009 Application of Definitions.
For purposes of this chapter, the following terms shall be defined to mean:
(1)
"Department" means the executive director of the Florida Department of
Environmental Protection or his designee.
(2)
"Pollutant" in accordance with Section 376.031(7) is interpreted to mean
"oil of any kind and in any form" and "derivatives thereof" to include, but not be limited
to, crude petroleum or liquid products that are derived from crude petroleum by
distillation, cracking, hydroforming, and/or other petroleum refinery processes to include
"gasoline". "Pesticides" means liquid chemical preparations intended for use in killing or
regulating the growth of any living organism; "ammonia" and "derivatives thereof"
include, but are not limited to anhydrous liquid ammonia (NH3), ammonia in aqueous
solution (NH4OH), ammonium salts or other liquid chemical preparations which when
discharged release free ammonia (NH3), or ammonium ion (NH4); and "chlorine" and
"derivatives thereof", include, but are not limited to, anhydrous liquid chlorine (Cl2),
chlorine in aqueous solution (HOCL+ Cl-), compounds containing hypochlorite (ClO-),
chlorite (ClO2-), chlorate (ClO3-) perchlorate (ClO4-) ions, other liquid chemical
preparations which, when discharged, release free chlorine (Cl or Cl2) or any of the
above chlorine-containing ions.
(3)
"Transfer" or "Transferred" includes any commercial, bulk cargo or fuel
on-loading or off-loading between terminal facility and vessel, or vessel to vessel, or
terminal facility to terminal facility, to include but not limited to all on-loading or
off-loading of fuel for bunkering.
(4)
"Discharge Cleanup Organization" means any group, incorporated or
unincorporated, of owners or operators of waterfront terminal facilities in any port or
harbor of the state, and any other person who may elect to join, organized for the
purpose of containing and cleaning up discharges of pollutants through cooperative
efforts and shared equipment and facilities. For the purposes of this chapter, any third
party cleanup contractor or any local government shall be recognized as a discharge
cleanup organization, provided such contractor or local government is properly certified
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by the department.
(5)
"Public Waters," as they pertain to derelict vessels, mean rivers, streams,
lakes, navigable waters and associated tributaries, canals, enclosed water systems,
and any bodies of water that are accessible to members of the general public.
(6)
"Executive Director" means the executive director of the Department of
Environmental Protection.
(7)
"Contractor" means the individual, partnership, joint venture, corporation,
cooperative or governmental entity that is contracted by the department for the purpose
of removing and disposing of a derelict vessel.
(8)
"Derelict Vessel" in accordance with Section 376.15 F.S. means any
vessel left or stored in a wrecked, junked, or substantially dismantled condition that is
abandoned upon public waters to include any port in the State without the consent of
this department or docked at any private property without the consent of the owner of
the private property.
(9)
"Discharge" as it pertains to derelict vessels, means any spilling, leaking,
seeping, pouring, emitting, emptying or dumping of a pollutant which occurs as the
result of the removal and/or disposal of a derelict vessel.
(10) "State Agency Coordinator" means the predesignated State official
responsible to the Chairperson of the State Response Team for the coordination of the
team during a pollution incident. The State Agency Coordinator shall work in
cooperation with the assigned Federal On-Scene Coordinator.
(11) "State Response Team" means the emergency response group of
predesignated State agencies that is available on a continuous basis in order to
respond to a major spill. This team shall act independently of the Regional Response
Team, but will cooperate with Federal authorities in all Federal cleanup operations. The
State Response Team shall be responsible for creating and maintaining a contingency
plan of response, organization, and equipment for handling emergency cleanup of
pollution discharges.
(12) "Spiller" means the individual, partnership, joint venture, corporation or
governmental entity determined by the executive director to be responsible for a
discharge.
(13) "Board" means the Governor and Cabinet sitting as the head of the
Florida Department of Environmental Protection.
(14) "Minor Discharge" means a discharge of pollutant of less than 1,000
gallons into waters within the jurisdiction of the department located landward of the
COLREG demarcation line for the state of Florida as described in Part 80 of Title 33 of
the Code of Federal Regulations and depicted on the navigational charts published by
the U. S. Department of Commerce, National Oceanic and Atmospheric Administration,
National Ocean Survey, Washington, D.C., or less than 10,000 gallons in waters
located seaward of the COLREG demarcation line for the state of Florida as described
above.
(15) "Moderate Discharge" means a discharge of pollutant of 1,000 gallons to
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10,000 gallons into waters within the jurisdiction of the department located landward of
the COLREG demarcation line for the state of Florida as described above, or 10,000 to
100,000 gallons in waters located seaward of the COLREG demarcation line for the
state of Florida as described above.
(16) "Major Discharge" means a discharge of pollutant of more than 10,000
gallons into waters within the jurisdiction of the department located landward of the
COLREG demarcation line for the state of Florida as described above or more than
100,000 gallons in waters located seaward of the COLREG demarcation line for the
state of Florida as described above.
(17) "Lead State Agency" means the predesignated state agency responsible
for the effective coordination and administration of the state's response efforts to a
discharge or pollution incident.
(18) "Pollution Incident" means a minor, moderate, or major discharge of oil in
any form, gasoline, pesticides, ammonia, chlorine, or derivatives thereof.
(19) "Regional Response Team" means an emergency response group
comprised of Federal and state agencies that is available for continuous consultation in
the event of a pollution incident. Florida's representation on this team will be comprised
of DNR, DER, and DCA. During the activation of the RRT, the Lead State Agency shall
assume Florida's primary representation on the RRT.
(20) "State Response Team Chairperson" means the Executive Director or
Secretary of the Lead State Agency or his/her designee. During a pollution incident, the
Chairperson or designee shall be responsible for the overall management and direction
of the State Response Team or Hazardous Materials Task Force, as applicable. He
shall have the authority to activate, direct, and deactivate the team. During a response,
the Chairperson or designee shall be the principal public spokesperson for the SRT or
Hazardous Materials Task Force, as applicable. The Chairperson or designee shall be
responsible for advising the Governor regarding the need to make a Declaration of an
Emergency Proclamation.
(21) "National Response Center" means the National Communication Center
for activities related to pollution incidents. The NRC relays notices of discharge to the
appropriate Federal On-Scene Coordinator.
(22) "Hazardous Materials Task Force" means the interagency coordinative
body which plans and directs the state response to major or disastrous hazardous
materials incidents.
(23) "Federal On-Scene Coordinator" means the predesignated federal official
responsible for the coordination and direction of federal discharge removal efforts at the
scene of a pollution incident.
(24) "Coastal Local Governments" in accordance with Section 376.15(2)(b), F.
S. means any local governing body which is duly constituted under the Laws of Florida
and whose geographical jurisdiction covers, includes or borders the Atlantic Ocean or
Gulf of Mexico or their bays and inlets.
(25) "Division" means the Division of Law Enforcement within the Department
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of Environmental Protection.
(26) "Cargo" means goods or materials on board a vessel for purposes of
transportation, in bulk, and regardless of whether transported under proprietary or
non-proprietary shipping documents. Pollutants recovered and transported as the direct
result of cleanup activities in response to a given discharge shall not be considered
cargo.
(27) "Heavy Oil" means any oil of any kind and in any form with a specific
gravity of 0.889 or greater including but not limited to lubricating oil, residual fuel oil, #4
fuel oil, #5 fuel oil, #6 fuel oil, crude oil, Bunker C and asphalt. Solvents and solvent
mixtures are not considered heavy oils.
(28) "Proper containment equipment" means hard or permanent boom.
(29) "Seal off" means the use of a sleeve or similar device which completely
encloses the transfer piping or hose except at the lowest end of the transfer operation,
where a drip pan of not less than 25 gallon capacity shall be used. "Seal off" as defined
herein may be used to meet the requirements of section 376.07(2)(a), F.S., only by tank
trucks that have a storage capacity of less than 10,000 gallons, which are transferring
less than 1500 gallons of heavy oil, and which are using transfer piping or hoses with a
3" diameter or smaller.
(30) "Vessel Operator" means any person operating a vessel, whether by
lease, contract or other agreement.
(31) "Vessel Owner" means any person owning a vessel or holding any legal
or equitable title to a vessel.
Specific Authority 376.07, 376.15(2)(c) FS. Law Implemented 376.031, 376.065,
376.07, 376.15(2)(b) FS. History-New 8-23-74, Formerly 16B-16.09, Amended 11-5-80,
11-21-83, 10-3-85, 11-11-85, Formerly 16N-16.09, Amended 8-27-92, Formerly 16N16.009, Amended 10-17-94.
62N-16.0105 Registration Certificates; Applications; Equipment; Fees.
(REPEALED)
Specific Authority 376.07 FS. Law Implemented 376.06 FS. History-New 11-5-80,
Formerly 16N-16.105, Amended 6-17-92, Formerly 16N-16.0105, Repealed 1-7-96.
62N-16.012 Discharge Cleanup Organization; Approval.
(1)
For approval as a discharge cleanup organization, an applicant shall apply
to the department on a form supplied by the department, as provided for in 62N-16.026.
(2)
There are two categories of discharge cleanup organizations. Category
one is for organizations providing discharge containment only; category two is for
organizations providing containment and cleanup of a 10,000 gallon pollutant
discharge. The department shall approve discharge cleanup organizations that meet
the following criteria:
(a)
Category one applicants shall have access to the containment equipment
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equal to five times the length of the largest vessel docking at or the largest vessel
providing service from the terminal facility, whichever is larger, for the terminal facility
for which the applicant will provide service.
(b)
Category two applicants shall have access to the equipment required,
pursuant to 62N-16.034, to begin cleaning up a 10,000 gallon discharge within 4 hours
of discharge notification to their organization.
(3)
Applications shall be processed in accordance with the provisions of
Chapter 120, Florida Statutes.
(4)
Once a discharge cleanup organization has been initially certified, it shall
be the organization's responsibility to notify the department in writing of any changes to
the information contained in its original application. Failure to notify the department is
grounds for suspension or revocation of the certification.
(5)
Priority consideration shall be given to certified cleanup organizations by
the department for discharge containment and cleanup contracts that are funded by the
Florida Coastal Protection Trust Fund.
Specific Authority 376.07 FS. Law Implemented 376.06, 376.065, 376.09 FS. HistoryNew 8-23-74, Formerly 16B-16.12, Amended 11-5-80, Formerly 16N-16.12, Amended
6-17-92, Formerly 16N-16.012.
62N-16.013 Safety and Operation of Vessels. (REPEALED)
Specific Authority 376.07 FS. Law Implemented 376.07 FS. History-New 8-23-74,
Formerly 16B-16.13, Amended 11-5-80, Formerly 16N-16.13, 16N-16.013, Repealed 17-96.
62N-16.014 Removal of Prohibited Discharges; Procedure. (REPEALED)
Specific Authority 376.07 FS. Law Implemented 376.09 FS. History-New 8-23-74,
Formerly 16B-16.14, Amended 11-5-80, Formerly 16N-16.14, 16N-16.014, Repealed 17-96.
62N-16.016 Security in Lieu of Attachment by a Vessel after a Discharge.
(REPEALED)
Specific Authority 376.07 FS. Law Implemented 376.14 FS. History-New 8-23-74,
Formerly 16B-16.16, Amended 11-5-80, Formerly 16N-16.16, 16N-16.016, Repealed 17-96.
62N-16.017 Arbitration Proceedings. (REPEALED)
Specific Authority 376.07 FS. Law Implemented 376.12 FS. History-New 8-23-74,
Formerly 16B-16.17, 16N-16.17, 16N-16.017, Repealed 1-7-96.
62N-16.018 Civil Violations -- Proceedings. (REPEALED)
Specific Authority 376.07 FS. Law Implemented 120.57, 120.58, 120.59 FS. HistoryNew 8-23-74, Formerly 16B-16.18, Amended 11-5-80, Formerly 16N-16.18, 16N-
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16.018, Repealed 1-7-96.
62N-16.019 Excise Tax on the Transfer of Liquid Anhydrous Ammonia.
(REPEALED)
Specific Authority 370.021(1), 376.07(2)(i) FS. Law Implemented 376.11(4) FS. HistoryNew 3-14-79, Amended 11-5-80, Formerly 16N-16.19, 16N-16.019, Repealed 1-7-96.
62N-16.020 Reimbursement of Damage Claims. (REPEALED)
Specific Authority 376.07 FS. Law Implemented 376.12 FS. History-New 11-5-80,
Formerly 16N-16.20, 16N-16.020, Repealed 1-7-96.
62N-16.021 Certification of Repairs. (REPEALED)
Specific Authority 376.07 FS. Law Implemented 376.09 FS. History-New 11-5-80,
Formerly 16N-16.21, 16N-16.021, Repealed 1-7-96.
62N-16.022 Notification of Pollutant Discharge.
(1)
The "person-in-charge" or master of any vessel or the "person-in-charge"
of any terminal facility that suffers a pollutant discharge which enters or threatens to
enter waters of the state within the jurisdiction of the department shall, within one hour
of discovery of the discharge, notify the Florida Marine Patrol or the United States
Coast Guard at the National Response Center.
(2)
The person making notification to the Florida Marine Patrol shall provide
at least the following information regarding the spill.
(a)
Name, occupation, title and telephone number of person making
notification.
(b)
Type of pollutant spilled.
(c)
Location of spill (nearest city, river, bay, miles, etc.).
(d)
Type of installation or carrier involved in the spill.
(e)
Estimated amount of pollutant spilled.
(f)
Date and time (local) of spill.
(g)
Persons and agencies already contacted.
(h)
Size and characteristics of area already affected by the spill.
(i)
Containment and cleanup efforts to date.
(j)
Cause of spill if known.
(k)
Person or firm in charge of source.
Specific Authority 370.021 FS. Law Implemented 376.12 FS. History-New 11-5-80,
Formerly 16N-16.22, Amended 6-17-92, Formerly 16N-16.022.
62N-16.023 Removal and Disposal of Derelict Vessels. (REPEALED)
Specific Authority 376.07 FS. Law Implemented 376.15 FS. History-New 11-5-80,
Amended 12-14-80, Formerly 16N-16.23, 16N-16.023, Repealed 4-16-96.
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62N-16.024 Form: New Application for Terminal Facility Registration
Certificate. (REPEALED)
Specific Authority 376.07 FS. Law Implemented 376.06 FS. History-New 11-5-80,
Formerly 16N-16.24, Amended 6-17-92, Formerly 16N-16.024, Repealed 1-7-96.
62N-16.025 Form: Renewal Application for Terminal Facility Registration
Certificate. (REPEALED)
Specific Authority 376.07 FS. Law Implemented 376.06 FS. History-New 11-5-80,
Formerly 16N-16.25, 16N-16.025, Repealed 1-7-96.
62N-16.026 Form: Application for Approval as a Discharge Cleanup
Organization. (REPEALED)
Specific Authority 376.07 FS. Law Implemented 376.06, 376.065 FS. History-New 11-580, Formerly 16N-16.26, Amended 6-17-92, 16N-16.026, Repealed 1-7-96.
62N-16.027 Form: Request for Reimbursement for Damage. (REPEALED)
Rulemaking Authority 376.07 FS. Law Implemented 376.12 FS. History-New 11-5-80,
Formerly 16N-16.27, Amended 6-17-92, Formerly 16N-16.027, Repealed 2-28-12.
62N-16.028 Departmental Jurisdictional Boundary Lines. (REPEALED)
Specific Authority 376.07 FS. Law Implemented 376.051 FS. History-New 11-21-83,
Formerly 16N-16.28, 16N-16.028, Repealed 1-7-96.
62N-16.029 Derelict Vessel Removal Grant Program.
(1)
In the event monies are appropriated by the Legislature for the funding of
the Derelict Vessel Removal Grant Program for a given fiscal year, the Executive
Director may award said grants only to coastal local governments based on these
criteria.
(a)
The degree to which the designated derelict vessels pose a threat to
public health or safety, the environment, navigation or the aesthetic condition of the
general vicinity within the jurisdiction of the grant applicant.
(b)
The total number of derelict vessels within the jurisdiction of the grant
applicant.
(c)
The degree to which the designated derelict vessels will be used in the
construction of permitted artificial reef sites.
(d)
The projected cost effectiveness of the grant applicant's proposed derelict
vessel removal program.
(e)
The degree of commitment of the grant applicant to maintain coastal
waters free of derelict vessels and its record for seeking legal action against those
owners who abandon vessels in the waters of the state.
(f)
The timeliness and completeness of the grant application received from
the applicant.
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(2)
No vessel shall be eligible for removal with grant funds, unless and until,
said vessel has been designated and marked as a derelict vessel by the division. Such
designation and marking shall be considered made when the division assigns a case
number to the vessel and completes a derelict vessel report on it.
(3)
Authorized disposal sites for derelict vessels shall be limited to permitted
artificial reef sites and permitted landfill locations. Any exceptions must be approved in
writing by the Executive Director.
(4)
A grant applicant shall provide a completed grant application to the
department no later than August 1st of a given fiscal year, except for Fiscal Year 198586 in which said application must be provided to the department prior to January 1st.
This application shall be submitted on Form No. DNR-20-232-FMP which is hereby
incorporated by reference. This form is entitled, "Application for Derelict Vessel
Removal Grant" effective date February 14, 1986, and may be obtained by contacting
the Department of Environmental Protection, Division of Law Enforcement.
(5)
The Executive Director may within 30 days after the established
submission closing date make the award of said grants pursuant to the criteria set forth
in (1)above. Said grants may be awarded for the removal and disposal of all or part of
the vessels designated on a given grant application. In the event the dollar amount of
the awarded grant applications is less than the allocated funds or the Executive Director
determines that any or all of the submitted applications do not adequately meet the
established award criteria, or any of the designated derelict vessels contained within an
awarded grant are removed prior to their removal with grants funds, the Executive
Director may solicit additional applications from potential applicants for the balance of
the allocated funds not expended pursuant to the grant program.
(6)
A grant recipient shall administer the removal and disposal of designated
derelict vessels as an independent governmental authority and not as an agent or
representative of the department. In the event the Executive Director determines that a
derelict vessel(s) included in a grant constitutes an immediate hazard to navigation or
determines after consultation with the Department of Health and Rehabilitative Services
that a vessel(s) constitutes an immediate hazard to the public's health and safety, the
Executive Director may suspend the grant procedures set forth in this rule and initiate
the emergency procedures in 62N-16.023(7).
(7)
No grant monies for the removal and disposal of a given derelict vessel
shall be paid to the grant recipient until said vessel has been legally removed and such
removal and disposal properly documented by the grant recipient. Certification as to the
removal and disposal of any designated derelict vessel during a given month shall be
made by the submission to the department of Form DNR-20-232-FMP, hereby
incorporated by reference, along with a properly executed invoice. This form is entitled
"Disposition Certificate for Derelict Vessels, effective February 14, 1986, and may be
obtained by contacting the Department of Environmental Protection, Division of Law
Enforcement. Such request for reimbursement shall be made by the grant recipient on
a monthly basis and shall be accompanied by a monthly status report and the required
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certification form. Only costs directly associated with the actual removal and disposal of
a designated derelict vessel(s) including the removal of pollutants are eligible for
reimbursement from the grant program.
(8)
All grants made pursuant to this rule shall be subject to pre-audit and
post-audit by the department or its representative.
Specific Authority 376.15(2)(c)FS. Law Implemented 376.15(2)(b) FS. History-New 1111-85, Formerly 16N-16.29, Amended 5-20-86, Formerly 16N-16.029.
62N-16.032 Terminal Facility Discharge Prevention and Response
Certificates; Inspections.
(1)
An owner or operator of a terminal facility shall provide to the department,
the information required pursuant to section 376.065, F.S., for the issuance of a
discharge prevention and response certificate.
(2)
The department shall inspect each terminal facility required to have a
discharge prevention and response certificate; and
(a)
Verify the information required to be provided by the applicant under
section 376.065(2), F.S.
(b)
Inspect and verify access to the containment and cleanup equipment
required for terminal facilities which store or service vessels having a capacity to carry
10,000 gallons or more of pollutants as fuel or cargo as provided under section
376.065(3), F.S.
(c)
Review and verify the contents of the terminal facility site specific
discharge contingency plan to ensure it contains the minimum information required
pursuant to 62N-16.033.
(3)
For purposes of preparing a terminal facility discharge contingency plan, a
reasonable time for having additional cleanup equipment at the location of the
discharge shall be presumed to be four hours after initial discovery of the discharge.
Specific Authority 376.07 FS. Law Implemented 376.065 FS. History-New 8-27-92,
Formerly 16N-16.032, Amended 4-12-95.
62N-16.033 Terminal Facility Discharge Contingency Plan.
(1)
An owner or operator of a terminal facility shall by October 1, 1992, have
a discharge contingency plan which is site specific for reporting discharges and
detailing the methods, means and equipment to be used in the removal of such
pollutants in the event of a discharge which enters or threatens to enter waters of the
state. An adequate discharge contingency plan shall be one of the following:
(a)
A plan in compliance with the federal Oil Pollution Act of 1990, Section
4202 requirements, which is hereby incorporated by reference, for an oil transfer facility
contingency plan; or
(b)
For terminal facilities which store or service vessels with the capacity to
carry 10,000 gallons or greater of pollutants as fuel or cargo, excluding motor fuel, a
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plan which includes as a minimum, the following details:
1.
Terminal Facility Description
a.
The terminal facility name, location (including latitude, longitude and
street address), telephone numbers, radio frequencies, if any, terminal facility size and
storage capacities, hours of operation, pollutants handled, and types of transfers
conducted.
b.
Description of the terminal facility's waterfront including any docks or
wharves and the length and capacity of the largest vessel serviced at or providing
service from the terminal facility.
c.
Description of prevailing tides, currents, water depths, shorelines, and any
structures located in adjacent waters within 100 yards of the terminal facility.
d.
Description of seasonal weather to include wind directions and speeds, air
and water temperatures and potential visibility problems.
2.
Organization
a.
The name of the designated spill response officer or "person in charge"
and the facility manager and a description of the designated individual's training and
discharge response duties. If the duties of the spill response officer are assumed by an
individual with a different title, that individual's title also may be used in the plan.
b.
The names or positions of terminal facility employees assigned to the
terminal facility discharge response team.
c.
The names and telephone numbers of the owners, operators, facility
manager and an alternate individual designated to be in charge of the facility when the
facility manager is not present at the facility.
d.
Location of the current list of the names and telephone numbers of
additional personnel available to respond to a discharge.
3.
Notification
a.
The responsibility and procedure for the immediate telephone and radio
notification of a discharge to the U.S. Coast Guard at the National Response Center or
the Florida Marine Patrol.
b.
The responsibility, procedure and telephone numbers for the timely
notification of a discharge to the terminal facility's management, off-duty personnel,
cleanup contractors, oil spill cooperative, local emergency response governmental
agencies.
c.
Description of systems, measures, and devices used to detect discharges
such as routine patrols, alarms, monitors and inspections.
4.
Verification. The organizational procedure for verifying the source or
cause of the discharge, the type, volume, and characteristics of the discharged
pollutant, and the flow rate of discharge.
5.
On-scene Assessment
a.
Provide the name or title of the terminal facility personnel responsible for
the initial determination of the size and projected threat of a discharge; movement of
the pollutant; waters, shorelines and structures that may be affected; any anticipated
Effective 2-28-12
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environmental damage and observations of wind velocity and direction; currents and
other such data that may assist in making discharge movement projections.
b.
A plan or table of tank capacities to enable the volume estimation of a
discharge or threat of a discharge from specific tanks or lines.
6. Response to a Discharge
a.
List of all discharge containment or cleanup equipment at the terminal
facility and the physical storage location of the equipment.
b.
Procedures for terminal facility or contracted personnel to begin deploying
containment boom within one hour of discovery of a discharge. Identify response team
members by name or position and their specific responsibilities. The plan shall provide
for initial containment response within one hour after discovery of a discharge and a
secondary cleanup response using additional cleanup equipment within four hours after
initial deployment of containment boom.
c.
A list of cleanup contractors and local sources of cleanup equipment and
materials available to the terminal facility. Detail the procedure and responsibility for
obtaining and transporting the additional cleanup equipment required by 62N-16.034, if
the equipment is not stored at the terminal facility.
7.
Discharge Mitigation. Provide piping and tank diagrams showing the
location of items, including valves, vents, and lines necessary to determine the source
and cause of a discharge. Also include a description of the measures that can be taken
to stop, control, mitigate and contain the discharged pollutant.
8.
Protection of Sensitive or Critical Locations
a.
Identify all known sensitive or critical locations most likely to be subjected
to potential damage by a discharge including but not limited to marshes, marinas,
power plants, and parks. Include name of the location and telephone number of a
contact person at each such location (park manager, marina manager, power plant
manager, etc.), if any, and distance from the terminal facility.
b.
Describe the methods and procedures to be used in protecting these
identified areas.
9.
Recovery and Disposal
a.
Identify spill recovery equipment and systems available for deployment.
b.
Identify available locations for deployment of this equipment.
c.
Identify the available staging and temporary storage areas for recovered
pollutants.
d.
Identify potential waste disposal facilities or sites for permanent disposal
of recovered pollutant waste.
(c)
For terminal facilities which store or service vessels with the capacity to
carry less than 10,000 gallons of pollutants as fuel or cargo, excluding motor fuel, a
plan which includes as a minimum, the following details:
1.
Terminal Facility Description
a.
The terminal facility name, physical location and street address, telephone
numbers, radio frequencies, if any, terminal facility size and pollutant storage
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capacities, hours of operation, pollutants handled, and types of transfers conducted.
b.
Description of the terminal facility's waterfront including any docks or
wharves and the length and capacity of largest vessel serviced at or providing service
from the terminal facility.
2.
Organization. The name, address and telephone numbers of the owner,
operator, terminal facility manager, and person designated to be in charge of the
terminal facility when the terminal facility manager is not present at the facility.
3.
Notification
a.
The responsibility and procedure for the immediate telephone and radio
notification of any discharge to the U.S. Coast Guard at the National Response Center
or the Florida Marine Patrol, including, but not limited to, telephone numbers and radio
frequencies of the U.S. Coast Guard and state contact point.
b.
The responsibility, procedure and telephone numbers for the timely
notification of a discharge to persons listed in 2. above, off-duty personnel, cleanup
contractors, oil spill cooperative, local emergency response governmental agencies and
other response and cleanup forces.
4.
Response to a Discharge
a.
List of all discharge containment or cleanup equipment at the terminal
facility and the physical location of the equipment.
b.
Procedures for terminal facility or contracted personnel to begin
deployment of containment boom within one hour of discovery of a discharge.
c.
A list of cleanup contractors and local sources of cleanup equipment and
materials available to the terminal facility.
(2)
All terminal facility discharge contingency plans must be revised within 30
days of any significant change affecting the discharge response preparedness or
capabilities of the facility. The plan shall be made available for inspection by the
department upon request.
(3)
The terminal facility owner or operator shall provide for the annual spill
response training of all terminal facility personnel who are identified in the discharge
contingency plan by name, title or position as having duties or responsibilities for
response in the event of a discharge. In addition, the owner or operator shall insure that
all such terminal facility discharge response personnel are required to review the
facility's discharge contingency plan on an annual basis or when significant changes or
revisions have been made to the plan. Records of the required training and review shall
be kept at the facility and made available for inspection upon request by the
department.
(4)
Vessels that are also terminal facilities need a contingency plan that
meets the requirements of rule number 62N-16.036, F.A.C., and are exempted from
having a plan in accordance with this rule.
Specific Authority 376.07 FS. Law Implemented 376.07 FS. History-New 8-27-92,
Formerly 16N-16.033, Amended 4-12-95.
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62N-16.034 Additional Equipment to Clean Up a 10,000 Gallon Pollutant
Discharge.
(1)
The additional clean up equipment to be available to a terminal facility as
required under section 376.065(3) shall be as follows:
(a)
Five thousand feet of permanent boom with twelve inch skirt or longer
including adequate anchors and lighted buoys.
(b)
Twenty-five hundred feet of sorbent boom.
(c)
Two each 2000 gallon per hour mechanical removal or skimming devices
and two each 2000 gallon capacity holding or storage devices and a minimum of 200
feet of suction hose.
(d)
A sufficient quantity of sorbents based on their rated sorption capacity for
1000 gallons of pollutants.
(e)
One thousand each heavy duty 30 gallon or larger garbage bags or the
equivalent, for containment of soiled sorbents.
(f)
Three boats (16 feet or larger), each with a minimum of a 25 horsepower
engine suitable for deploying and retrieving boom and transporting discharge clean up
equipment.
(g)
Hand tools -- 10 each yard rakes, 10 each square point shovels, 10 each
round pointed shovels and 3 each wheelbarrows.
(h)
Two each portable gasoline powered blowers (yard type).
(i)
Two each portable trash pumps with at least 100 feet of discharge hose
and 50 feet of suction hose with a nozzle. Pumps shall have a lift capacity of 25 feet
and discharge capacity of 50 psi.
(j)
Ten each portable two-way communication radios or cellular telephones.
(k)
One thousand feet of 1/2" line or rope.
(l)
Nautical charts of the terminal facility site.
(m) Fifty sets of protective clothing.
(n)
Twenty-five pairs of protective footwear.
(2)
A terminal facility shall not be required to provide for permanent or sorbent
boom in response to a discharge of chlorine, ammonia or pesticides in a form which
cannot be contained by such booming equipment.
(3)
A terminal facility may request a waiver or substitution for any specific
equipment required by this section. The department shall grant the waiver or
substitution provided the item is not required due to specific environmental or
operational features or characteristics at the terminal facility and that the waiver or
substitution will not be detrimental to the discharge clean up capabilities of the facility.
Specific Authority 376.07 FS. Law Implemented 376.065 FS. History-New 8-27-92,
Formerly 16N-16.034.
62N-16.035 Transfers. (REPEALED)
Rulemaking Authority 376.07 FS. Law Implemented 376.041 FS. History-New 3-2-93,
Formerly 16N-16.035, Amended 10-17-94, Repealed 2-28-12.
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62N-16.036 Vessel Spill Contingency Plan. (REPEALED)
Specific Authority 376.07 FS. Law Implemented 376.071 FS. History-New 6-17-92,
Formerly 16N-16.036, Repealed 1-7-96.
62N-16.037 Vessel Financial Security Statement; Documentation.
(REPEALED)
Specific Authority 376.07 FS. Law Implemented 376.12 FS. History-New 6-17-92,
Formerly 16N-16.037, Repealed 1-7-96.
62N-16.038 Form: Vessel Financial Security Statement. (REPEALED)
Specific Authority 376.07 FS. Law Implemented 376.12 FS. History-New 6-17-92,
Formerly 16N-16.038, Repealed 1-7-96.
62N-16.043 Lobster Traps. (REPEALED)
Specific Authority 376.07 FS. Law Implemented 376.07(3) FS. History-New 6-17-92,
Formerly 16N-16.043, Repealed 10-20-96.
Effective 2-28-12
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