Program - Frequently Asked Questions
What licenses or registrations are required for
operating storage tanks in Florida and where can I go to get information
on this process?
What funding programs are currently available to
assist with cleanup of discharges resulting in groundwater or soils
Currently there are no active
legislatively funded programs and few circumstances for limited funding
resources in the event of a new discharge. The discharges from
regulated storage tanks in Florida should be covered by the
financial insurance mechanisms that are required for third-party
liability and petroleum cleanup rehabilitation. For more
information, please visit
How do I know if my tank is regulated by the state
of Florida and what rules apply?
Information on the regulations may be complex.
There are many exemptions that may apply and the type of product,
size of tank, year the tanks were installed and use of the product
are just a few of the questions that must be pertinent to your
storage tanks. You can begin by reviewing either the
underground or above-ground rules for the state of Florida, F.A.C.
62-761 for underground tanks, or F.A.C. 62-762 for above-ground
tanks. If you have further questions, plesae contact your
local agency that is contracted in the storage tank program to learn
both local and state requirements. For more information,
Where can I access information about the
petroleum storage tanks in my community? Where can I obtain
information about these tanks?
Where can I find a contractor to perform cleanup
of a discharge of petroleum?
How do you define a "site"?
A "site" is anywhere that the contamination
plume has spread. It may extend beyond a property's
boundaries. A contaminated site means any contiguous land,
sediment, surface water or groundwater area that contains
contaminants that may be harmful to human health or the environment.
(Pursuant to Rule 62-780, F.A.C.)
I have been issued a Global RBCA 780 letter.
What do I do now?
How do I arrange for a file review of an
For viewing files for locations in the
Southeast District (SED), we suggest that you fax a request to Ms.
Andrell Maxie at (561) 681-6770 stating what files you are
interested in reviewing. Please provide the following
information: name of facility; address of facility; type of facility
(e.g. dry cleaner, gas station); county; and a date/time when you
would like to review the files. This is to be sure that we
have the file(s) available for you when you come in. Please
note that almost all petroleum cleanups in Miami-Dade, Broward and
Palm Beach counties are overseen by those respective counties.
Most petroleum cleanup information for facilities in Miami-Dade,
Broward, Palm Beach, Okeechobee, St. Lucie and Martin counties is
available in Oculus, located at
I am a vendor that has a new and innovative
cleanup technology. How can I get the FDEP to approve it?
I want to use an institutional control to
accomplish cleanup goals for a project. What are some ways I can
speed up the process?
What is a Brownfield?
A Brownfield is property where
expansion, redevelopment or reuse may be complicated by actual or
perceived environmental contamination. Once a site is
designated as a Brownfield, the site is eligible for incentives tied
to redevelopment of the property, such as low-interest loans and job
creation state tax incentives, liability protection and contaminant
cleanup if applicable (in the form of a state tax credit equivalent
to 35 percent of certain cleanup costs). Only a local
(typically municipal) government can designate a property as a
Are all Brownfields contaminated?
We discovered pesticide contamination in a
property? Can we clean up the property as a de minimis discharge?
It depends. "De minimis discharge" is a
discharge that is removed from the soil, sediment, surface water and
groundwater to CTLs or background concentrations pursuant to
subsection 62-780.680(1), F.A.C., within a period of 30 from the
discovery of the discharge. Pursuant to 62-780.550, F.A.C.
(1) De minimis discharges shall
be addressed in an interim source removal and shall
be subject to the requirements of Rule 62-780.500,
F.A.C., except for the notification and reporting
requirements of that section. De minimis
discharges also shall be exempt from the
notification requirements of subsection
(2) The PRSR shall maintain
record of the actions that were taken in response to
the discharge, including the information required
pursuant to paragraph 62.780.500(7), F.A.C., for
five (5) years from the date of the discharge.
The records shall be made available to the FDEP upon
I have a contaminated property. Is soil
mixing an allowable remediation strategy?
Normally, the FDEP does not recommend mixing of
contaminated soils with other "clean soils" on a property.
However, if the contamination is believed to be in a relatively
small area, you may want to consider utilizing the 95 percent Upper
Confidence Level tool, which is available in Chapter 62.780, F.A.C.
How do I know if a property is
Contamination has been discovered
on my property. Am I required to report it?
Yes, more than likely.
Please reference Chapters 62-150, Florida Administrative Code (F.A.C.),
62-730, F.A.C., 62-761, F.A.C., 62-762, F.A.C., 62-770, F.A.C.,
62-780, F.A.C., 62-782, F.A.C., and 62-785, F.A.C. You may use
the following link to review the FDEP's rules
There are specific requirements for petroleum contamination, dry
cleaners and for "off-property" notification. If this is an
emergency, please contact the 24-hour State Warning Point Hotline at
(800) 320-0519. Please be aware that some county governments
have local regulations that require notification if a release of a
hazardous material occurs or of contamination is discovered.
For example, in Broward County, the responsible party must
immediately report contamination to the Broward County EPD by
calling (954) 519-1499, followed by written notification within
seven (7) days.
How do I get a "clean bill of
health" letter for my property?
Where can I find the cleanup
standards that you use?
I would like to purchase a
contaminated property. Can you advise me on whether or not I
should go forward with the transaction?
The FDEP cannot advise whether
or not you should go forward with the transaction. Before you
purchase contaminated property, please be aware of the following.
As the property owner, you may be responsible for the cleanup of the
contamination. If your plans for the property include
construction, local government regulations may not allow you to
begin construction until the contamination is cleaned.
Construction involving dewatering may require permitting from the
South Florida Water Management District. Decisions on whether
or not the construction may proceed are made by local governments on
a case-by-case basis. If the contamination under your property
migrates to neighboring properties, you might be liable to a third
party for contaminating their property. You are urged to
contact a qualified attorney for advice and assistance.
If my property is contaminated by
the business next door (i.e., their contamination migrated to my
property), am I responsible for the cleanup of my property?
Possibly. This site
specific determination is based on, among other things, the historic
use of your property, hazardous material / hazardous substance
handling activities on your property and whether your activities
have exacerbated the neighbor's contamination (e.g., via a water
production well or soil handling).
How long will it take to clean up
my site? How much will it cost?
Cleanup times are difficult to
predict. They depend on a number of factors such as type,
concentration, quantity and location of contaminants, site lithology,
remediation technology used, diligence of the consultant,
permitting, site access, etc. Duration may vary from weeks to
years. Costs vary as well, from several thousand dollars to
over $1 million.
Southeast District Main Switchboard
Map and Directions
to the Southeast District Office