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Application of Direct Exposure Soil Cleanup Target Levels

Posted December 18, 2014

This memo provides guidance on the application of direct exposure soil cleanup target levels (SCTLs) at sites undergoing cleanup in accordance with Chapter 62-780, F.A.C. It clarifies division procedures with regard to management of soil at different depths and appropriate methods for addressing site closure requirements for soil.


Please note that Governor Rick Scott has directed that all state executive buildings be closed on Friday, December 26, 2014.

Posted December 16, 2014


Expiration of the Requirement of Sworn Statements (Affidavits) From the Owners and Responsible Parties for State Funded Cleanup Sites

Posted December 5, 2014

Due to the expiration of the requirement, the Petroleum Restoration Program (PRP) is no longer requiring sworn statements (Affidavits) from the Owners and Responsible Parties (Owner/RPs) for State Funded Petroleum Cleanup Sites. This eliminates the statutory requirement for ATCs to obtain the affidavits from Owner/RPs.

Effective immediately, if an ATC is currently required to submit affidavits before work can be conducted and was not able to obtain them, the ATC should submit requests for Change Orders (CO) to the Site Managers to modify the purchase orders. Typically, the affected purchase orders were issued between July 1, 2013 and June 30, 2014. Please note, the ATC contract does not allow reimbursement for any costs and fees associated with the affidavits that were not obtained.


PRP Approves New Site Access Agreement

Posted December 5, 2014

The new agreement is for use by the Florida Department of Environmental Protection (Department) Agency Term Contractors (ATCs) when working as an ATC for Source and Non-Source Properties. With the exception of filling in the necessary information (shown in brackets on the template found on the PRP’s website) and unless there are unique or extenuating circumstances, the new Site Access Agreement (Agreement) should not be altered. In the event changes appear necessary, a request must be made to the relevant site manager for their review and determination. The new agreement is between the Owner/RP and Department. ATCs are no longer required to obtain the agreements from Owner/RPs. However, no work shall be conducted until the Department is in possession of a fully executed Agreement between the Department and Owner/RP.

Initial Guidelines

Prior to the issuance of a Statement of Work (SOW), the Department must have in its possession a fully executed Agreement between the Department and Owner/RP. Accordingly, the Agreements must be sent to Owner/RPs immediately upon being notified of any site activities requiring site access.

In the event an SOW has been issued but site access is proving difficult to obtain, the new Agreement should be sent.

The Administrative Service Contractor (York) will prepare, request and track the new Agreements. However, it is the Site Manager’s responsibility to timely request that the new Agreement be requested as well as monitor the progress and follow up when any deadlines missed. Stan Warden and Magen Greene must be copied on all correspondence with York and Owner/RPs associated with the new Agreements.

Stan Warden and Magen Greene must be notified of each Agreement that is requested, any issues or problems with the request and upon receipt of an executed Agreement granting access.

If no response has been received after 30 days, submit the previously approved follow up letter to Magen Greene for upper management review and issuance.

Stan Warden and Magen Greene must be kept informed of any correspondence or activity that may result in the delay or denial of site access.


Procedure for Having Purchase Orders Withdrawn for Failure to Obtain Site Access

Posted December 5, 2014

Effective immediately, if an Agency Term Contractors (ATC) has been unsuccessful at obtaining site access and prefers to have their Purchase Order (PO) withdrawn, they must submit a request for Change Order (CO) to remove the total cost of the PO. The request for CO must include a detailed account as to the attempts to gain site access as well as any responses from the Owner/RP. Please note, the terms of the ATC Contract do not provide for reimbursement of costs where site access was not obtained. The PRP is authorized to reimburse site access efforts only where the ATC was able to obtain and submit fully executed Site Access Agreements to the PRP.


Change in Procurement Procedures for Add-on Vapor Phase Carbon

Posted November 14, 2014


PRP Purchase Order, Invoice Processing, Purchase Requisition, and Change Order Training Presentations

Posted November 14, 2014


Notice of Public Meeting

Updated November 20, 2014

The Florida Department of Environmental Protection announces a public meeting to which all persons are invited.

Date: November 25, 2014

Time: 10:00 AM Eastern Standard Time

Time: Room 609, Bob Martinez Center, 2600 Blair Stone Road, Tallahassee, Florida.
Interested parties may attend in person or may join the meeting by clicking on the Lync meeting invitation below.

Purpose: To discuss potential modifications to its contractor performance evaluation procedures.

Click here for a copy of the meeting agenda. A copy of the agenda may also be obtained by writing to the Florida Department of Environmental Protection at 2600 Blair Stone Road, Tallahassee, Florida, 32399-2400 or by calling Robert Cowdery at (850) 245-8899. Within a week prior to the meeting date, additional meeting materials will be posted to this website.

Related Draft Documents (posted 11/20/14)


To sign into Lync, click “Join Lync Meeting” (shown below) as early as 0945 EST so that connectivity issues can be addressed.

Once you click the Lync meeting, you will see a "Join Meeting Audio", window as shown below.
Note: Don’t "Join Audio". Instead, click the "OK" button under it.

Image of Lync screenshot

» Join Lync Meeting

For audio communication:
Phone toll free: 888-670-3525
Enter Participant Code: 5635144315 then press #
*** Please mute your phone. ***

If you have any questions or technical issues prior to the start of the training, please email waste.operations@dep.state.fl.us


Notice of Application Period for Advanced Cleanup Program (AC)

Updated November 7, 2014

The Department of Environmental Protection announces it will have an Advanced Cleanup (AC) Application period beginning November 1, 2014 and ending at 5:00 pm on December 31, 2014. Applications for individual sites or bundled sites will be accepted. For this application period, the Department will allocate $5 million.

Any questions or additional comments regarding the AC program can be referred to Environmental Administrator Ken Busen at (850) 245-8745 or via email: Kenneth.Busen@dep.state.fl.us.


Streamlined Department Subcontractor Consent and Removal Process

Posted October 8, 2014

The Petroleum Restoration Program has reviewed the process for evaluating proposed changes to the list of identified subcontractors under an Agency Term Contract (ATC) for petroleum contamination site response action services. Contractors may propose to add or remove subcontractors to those currently identified on page 1 of their ATC in accordance with the procedures outlined in this notice.


Relative Capacity Index and Other Process Refinements

Posted October 7, 2014

The Petroleum Restoration Program continues to work actively with stakeholders. In response to recommendations from external and internal parties, the Department is announcing a refined and updated the Relative Capacity Index (RCI) formula, along with additional process refinements.


PRP Rapid Process Improvement Implementation Plan

Updated November 24, 2014

The Petroleum Restoration Program recently underwent a Rapid Process Improvement exercise designed to streamline procurement workflow, standardize activities, and ensure that the Program incorporates performance and risk-based cleanup principles to its mission. To that end, please find below a link which will take you to the plan, which lays out the solutions to be implemented and their projected completion dates. Updates will be posted once a week by close of business on Mondays.

PRP has established the email address PRP_RPI@dep.state.fl.us to receive comments on the RPI Implementation plan. All input is appreciated and will be considered.


Relative Capacity Index (RCI) Evaluation as of 08/18/14

The PRP is continuing its evaluation of the structure and function of the Relative Capacity Index (RCI). A revised formula is not available at this time, but will be announced on this page as soon as revisions are completed.


PRP Lowers Funding Eligibility Score to 30

Posted August 18, 2014

Effective August 18, 2014, the Petroleum Restoration Program (PRP) will lower the score for funding eligibility for sites in the PRP from 46 to 30. This change is being made to increase the pool of potential candidate sites for assessment and remediation. PRP will not be assigning ATCs work from this group of sites immediately, but it is anticipated that assignments will begin shortly.


PBC - Intent to Participate

Posted August 18, 2014

The Petroleum Restoration Program (PRP) has made a number of revisions to the Performance Based Cleanup (PBC) process. The attached materials provide information regarding the new PBC process and allow your company the opportunity to announce its intent to be involved in PBC. Please note, if your company is not currently interested in participation in PBC, you may submit the attached form any time in the future. Enrollment will be open 365 days of the year.

THIS IS NOT THE PAC/AC PROGRAM FOR PBC BUNDLES OF 20 OR MORE FACILITIES

  • PBC allows for the negotiation of the cleanup approach/technology, total price of cleanup, closure endpoint, milestones (task completions), and milestone payments (% of total cost). All stakeholders benefit from timely, aggressive and innovative cleanups. There are also benefits to be gained from reduced reporting requirements and Department oversight.
  • PBC contracts will be considered in a variety of situations, see attached PBC Information Sheet.
  • PBC contracts will be negotiated based on “Best Value” and only the active/current task or milestone(s) cost will be included in the RCI encumbrance.
  • The PRP will pay utility costs outside of the PBC agreement, however, the ATC will be required to show that utility requirements are appropriate to system needs. In addition, costs must be factored into the PBC proposal.

Please review the attached information. Send all inquiries to the PBC shared mailbox by September 10, 2014 at 5:00 pm at PRP_PBC@dep.state.fl.us. Response to all questions/comments will be posted September 17, 2014.

Associated documents:



Preliminary Pre-Approved Advance Cleanup (PAC) Applications and Awards

Posted July 30, 2014

The following Table represents the preliminary list of those sites for which PAC funding may be available for the recent PAC period ending June 30, 2014. A finalized list will be provided once all applications are assessed for completeness, correctness and acceptability. We are currently in the process of further review of the LCARs and cost savings portion of the applications.

PAC Applications and Awards Table


Petroleum Restoration Program Invoice and Change Order Training

(Updated 08/05/14)

The Petroleum Restoration Program announces a public meeting to which all persons are invited. PRP staff will provide Invoice and Change Order Training. ATCs are encouraged to have their Billing Agents, Invoice Processors and Change Order Writers to be in attendance as the training will be geared to the performance of these tasks. All draft documents are subject to change.


Supplemental Remedial Effort as Part of the Long Term Monitoring Phase

Posted July 23, 2014

In an effort to improve its service to site owners/responsible parties and taxpayers, the Petroleum Restoration Program (“Program)” is undertaking an in-depth review of its portfolio of facilities to determine which sites are naturally attenuating. These sites are in one of the following phases: Long Term Natural Attenuation Monitoring, or Monitored Natural Attenuation, (LTM or MNA respectively), and are normally the last phase of remediation prior to facility/discharge closure.

Our review indicates that there are 338 discharges that have been in a monitoring phase for more than 5 years, which is longer than the 42-month period outlined in the Section 376.3071(5)(c), Florida Statutes. In the majority of these cases, their lifecycle cost efficiency is questionable. Many of these facilities have been locked in that phase for years with no end in sight for the owners and the Program. The Program also believes that in the majority of these cases, site closure may be achieved faster by implementing residual source removal or injection of biological/chemical amendments than waiting for Natural Attenuation mechanisms to reduce groundwater concentrations of contaminants to a point that will allow closure.

Over the next 12 to 36 months, the Program would like to bring as many as these facilities as possible to final closure by motivating our Agency Term Contractors to consider a supplemental remedial effort as part of the LTM phase. To achieve this goal, the Contractor would propose one of the above remedial strategies for any number of their facilities/discharges in LTM under a Performance Based Contract (PBC). We believe that taking this proactive step provides the following benefits to all parties:

  • Owners would have accelerated closure for their properties;
  • Agency Term Contractor’s PBCs are excluded from encumbered balances for Relative Capacity Index (RCI) computations;
  • The Program would achieve a substantial number of closed discharges; and
  • The Program’s long-term lifecycle costs would be controlled.

The Program acknowledges that an initial capital investment may be necessary to achieve discharge closures using these supplemental remedial strategies. However, the PRP believes that, where feasible, enhancing natural attenuation and achieving discharge closure in a shorter timeframe would be more economical than monitoring a discharge potentially for decades.

If you would like to discuss this memorandum further, please contact Grant Willis at grant.willis@dep.state.fl.us or 850-245-8886.


PRP Guidance on Contractor Performance Evaluations for
Petroleum Contamination Site Response Action Services

(Posted 07/22/14)


PRP Automated Data Processing Tool (ADaPT) User Guide

(Posted 07/09/14)

The Petroleum Restoration Program (PRP) has posted the Automated Data Processing Tool (ADaPT) User Guide on the Division of Waste Management ADaPT page. Please contact your lab and let them know they must begin submitting the electronic data deliverables via ADaPT, as it is now a requirement of the FDEP Petroleum Restoration Program for data submissions. Please refer to the PRP ADaPT User Guide for further instructions.


Notice of Expiration of Affidavit Requirement from the "Proviso"

(Posted 07/01/14)

The requirement for owners, responsible parties, cleanup contractors and subcontractors to sign a statement under oath that "no compensation, remuneration, or gift of any kind, directly or indirectly," had been solicited or received in exchange for designation in connection with the cleanup of an eligible site expired June 30, 2014. Likewise, the requirement for cleanup contractors and subcontracts to sign a statement under oath that they had never "paid, offered, or provided any compensation in exchange for being designated or hired to do cleanup work" also expired June 30, 2014. Consequently, the PRP will not be requiring these "affidavits," as these statements have been called, on any task assignments or purchase order issued after June 30, 2014. Any work issued to contractors prior to that date containing the affidavit requirement must be honored and the appropriate affidavits submitted. While the affidavit is no longer required, the prohibition remains that a "site owner or operator, or his or her designee, may not receive any remuneration, in cash or in kind, directly or indirectly, from a rehabilitation contractor performing site cleanup activities" under the PRP.


Contractor Response to June 11, 2014 RCI Public Workshop

Posted July 1, 2014

Please find on the link below, the responses the Department received as a result of the RCI Public Workshop on June 11, 2014. These comments have been formatted for the report but none of the content has been altered.

The Petroleum Restoration Program has read all of the comments thoroughly and a summary of the comments, although not inclusive may be found below:

  • A number of contractors would like to leave the RCI formula as is for the remainder of the calendar year. They are of the opinion that more data needs to be collected and that we must make gradual changes rather than abandoning or completely rewriting the formula.
  • Common opinions on altering the formula included raising or eliminating the $3M bond cap; isolating the encumbrance balance based upon region or limiting it to a specified time frame; including a performance or technical capability variable; and increasing the weight of schedule rank on the RCI score.

Three of the contractors proposed completely new formulas: FGS, ARCADIS, and URS. Two of the formulas have introduced a new term that relates to performance. Please note that although the Department received these proposed formulas, we are looking at them for consideration only. Other refinements to the formula have been suggested and the Department will evaluate ALL responses.

There were also some additional requests such as, making the process more transparent and giving the contractors access to selection data. There were also requests to bring in outside consulting for further analysis and development of the current formula.

We thank everyone for their participation and feedback and want to ensure that you know we are evaluating all of the comments and taking everything into consideration. At this point, we also want to let you know that we are not making any commitment to any changes until we have time to run our own numbers and analyze them. Afterwards, the PRP will present any recommended changes to our leadership for a decision.

» RCI Meeting Responses


MyFloridaMarketPlace (MFMP) System Down Times

Posted June 20, 2014

The MFMP system is anticipated to be off-line, starting at 6:00pm on June 30, 2014 due to the Department of Management Services (DMS) computer programming requirements for the new fiscal year. It will come back on line at various dates and times for specific functions as shown below. As a result, PRP must pause production/processing of Purchase Requisitions, eQuotes, Invoices, Change Orders, RCI runs, and Direct Assignments. As soon as MFMP is back online, the PRP will resume these operations.

  • MFMP Buyer will be down starting Monday, June 30, at 6:00 p.m. Eastern time and is anticipated to be available again by Thursday, July 3.
  • MFMP Sourcing will be down starting at Monday, June 30, at 6:00 p.m. Eastern time and is anticipated to be available again on Saturday, July 5.
  • Vendor Bid System will be down starting Monday, June 30, at 6:00 p.m. Eastern time and is anticipated to be available again by Wednesday, July 2.
  • MFMP Analysis will be down starting at Monday, June 30, at 6:00 p.m. Eastern time and is anticipated to be available again by Monday, July 7.

** Please note that if PRP receives programming updates from DMS, the information above may be edited as necessary.


Notice Regarding Change in Qualified Contractor
Criteria Pursuant to Rule 62-772.300, F.A.C.

(Posted 06/19/14)

Contractor Qualification Memo

Contractor Qualification Form


Notice of Meeting/Workshop Hearing

Updated June 11, 2014

The Florida Department of Environmental Protection (Department), Petroleum Restoration Program (PRP) announces a public meeting to which all persons are invited.

DATE AND TIME: June 11, 2014, 1:30 p.m.

PLACE: The Douglas Building, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399, in Conference Room A/B. To join the meeting via teleconference please call: 1-888-670-3525, participant code: 563 514 4315 #.

GENERAL SUBJECT MATTER TO BE CONSIDERED: PRP will facilitate a discussion regarding potential refinements to the Relative Capacity Index (RCI) Algorithm.

NOTE: There will be no discussion on any subject other than RCI.

AGENDA: Relative Capacity Index (RCI) Algorithm Agenda (posted June 4, 2014)

HANDOUTS: Relative Capacity Index Preliminary Results and Comments (posted June 11, 2014)


LSSI Clarification of 10 Site per Fiscal Year Limitation

Posted June 5, 2014

The DEP is authorized pursuant to Section 376.3071(11)(b), FS to provide funding for the Low Score Site Initiative (LSSI). Funding is limited to 10 sites in each fiscal year for each responsible party or property owner. This does not preclude a site owner from participating in the LSSI for a site that has a responsible party which has already met its 10 site limit; nor does it preclude a responsibly party from participating in the LSSI for a site if the site owner has already met the 10 site limit.


ATC Contractors and Subcontractors

Posted May 21, 2014

As the Department specified in the solicitation for the Invitation to Negotiate (ITN), a prime Agency Term Contractor (ATC) cannot be a prime ATC in a region and commit to be a subcontractor to another prime ATC in the same region. This restriction is still necessary to eliminate the potential for any conflict of interest between prime ATCs and subcontractors. However, a prime ATC (Company A) in one region can be a subcontractor for another prime ATC (Company B) in a different region as long as ATC (Company A) is not also a prime in that region. (A contractor that submitted an ITN response to be a prime ATC but was not awarded a contract may be a subcontractor to an ATC prime contractor.)

Additionally, the agency term contract provides that an ATC can only subcontract work to those identified in the agency term contract. An ATC must obtain prior written consent of the responsible Site Manager and thereafter the Department’s Contract Manager on a case by case basis to make any changes to its subcontractor list. Such a request must be justified based on reasons like the following: documented subcontractor performance issues; an identified subcontractor goes out of business; or work not listed in Attachment D is needed. The Department reserves the right to reject any proposed subcontractor based upon the Department’s prior experience with the subcontractor, subcontractor’s reputation, or the Department’s lack of adequate assurance of performance by the proposed subcontractor. In addition, changes to the subcontractor list is subject to a conflict of interest review.



PRP Purchase Requisitions

Updated December 18, 2014

Please note that the attached files are subject to change as determined by the Department.


DEP Travel Form for Contractors Use For
Supporting Documentation To Invoices

Posted April 8, 2014

The DEP Travel Form is to be used by PRP Contractors when necessary. DO NOT ENTER A SSN OR A FEID ON THE TRAVEL FORM, ZEROS ARE PRE-POPULATED. Please leave the following fields blank: "ORG", "EO", "Module, Grant". Lastly, enter the business city or town in the "Residence" field. Contractors with Travel Form questions should contact the PRP Site Manager. Thank you.

Download the form here.


PRP Site Managers Workshop in Orlando,
Florida (March 25-26, 2014)

Posted March 28, 2014


Chapter 62-772, F.A.C. - Procurement Procedures for Petroleum Cleanup

Posted March 25, 2014

Please find the text of the rule for Procurement Procedures for Petroleum Cleanup at the following link: http://www.dep.state.fl.us/waste/quick_topics/rules/default.htm




Agenda for March 13, 2014 Petroleum Restoration
Program (PRP) Public Meeting (1:30-3:30 p.m.)

Posted March 6, 2014

The public meeting will take place online only as a webinar / teleconference at https://www2.gotomeeting.com/register/261942690.

To join the teleconference call: 1(888)670-3525, participant code: 5635144315#

  1. Introductions.
  2. PRP's competitive procurement process and direct assignment of work to approved Agency Term Contractors (ATC) for state-funded petroleum contamination site cleanup.
  3. Status of PRP contract offers to ATCs, MFMP Purchase Requisitions and resulting Purchase Orders.
  4. Procedures and Scope of Work Templates for use by ATCs provided at http://www.dep.state.fl.us/waste/categories/pcp/default.htm.
  5. Open Questions and Answers.

Please feel free to email questions before Tuesday March 11, 2014 COB to prp.contracts@dep.state.fl.us

NOTE: There will be no discussion about any open competitively advertised DEP solicitations.


Status of PRP "Invitation to Negotiate" Solicitation #2014004C

Posted March 4, 2014

Negotiations with responding contractors under DEP Invitation to Negotiate (ITN) Solicitation # 2014004C has been successfully concluded. All the responding eligible ITN contractors have been selected and are now recommended for agency contracts as MyFloridaMarketPlace master agreements. As noted in the Petroleum Restoration Program (PRP) website announcement at the PRP ITN Work Assignment page, calculations of Relative Capacity Index (RCI) will be made to determine awards for site work through direct assignment.

Please note that PRP staff will contact RCI selected contractors regarding next steps as quickly as possible, which thereafter involves receiving scopes of work that proceed through the issuance of Purchase Orders in MyFloridaMarketPlace as required under Section 287.057 (22) Florida Statutes. Thereafter, the first task of securing affidavits must be completed before any site work can begin.

As of 8 am Tuesday March 4, 2014 the Department has 128 fully executed contracts and directly assigned 78 sites for a total of $1,947,914. Once all contracts are executed, the Department will initiate subsequent scope assignments thru the issuance of MFMP Purchase Orders for tasks up to $195,000 using the RCI formula. For work assignments greater than $195,000 the PRP will identify the top three or more eligible contractors based on the highest RCI scores and request quotes from them. Communication with awarded eligible contractors will initially be conducted through email with the PRP Contracts Group, c/o Martin Ehlen at prp.contracts@dep.state.fl.us.




Notice of Public Webinar Meeting on Site Assessment for December 19, 2013

The Florida Department of Environmental Protection, Petroleum Restoration Program (PRP) announces a public meeting to which all persons are invited.
DATE AND TIME: Thursday, December 19, 2013, 10:00 a.m. – 12:00 Noon
PLACE: Meeting will take place online as a webinar https://www2.gotomeeting.com/register/536042194 Meeting ID: 145-897-658
To join the teleconference call: 1(888)670-3525, Participant code: 5635144315#
GENERAL SUBJECT MATTER TO BE CONSIDERED: PRP will facilitate a discussion regarding state-funded petroleum contamination site assessment including low scored assessments.
NOTE: There will be no discussion regarding bidding, procurement, or contracting.
A copy of the agenda may be obtained by contacting: Diane Pickett at (850)245-8893 or diane.pickett@dep.state.fl.us.
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 1 days before the workshop/meeting by contacting: Diane Pickett at diane.pickett@dep.state.fl.us. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

For more information, you may contact: Diane Pickett at (850)245-8893 at diane.pickett@dep.state.fl.us.

Florida Administrative Register Notice

Agenda

  • General Assessment Information
  • Specific Assessment Issues
  • TSAR/Report Requirements

Rule Development Workshop for Rules
62.761 - Underground Storage Tank Systems &
62.762 - Aboveground Storage Tank Systems
(Updated 2/14/14)

The Permitting and Compliance Assistance Program conducted workshops on the Underground and Aboveground Storage Tank rules on December 17, 2013 in Tallahassee.

Comments on the proposed rules should be forwarded via email to the Rule Manager, William E. Burns, Jr., Bill.Burns@dep.state.fl.us and will be accepted until January 31, 2014, at 5:00 pm eastern. Comments received will be posted to this website on or about February 14, 2014.

Chapter 62-761, F.A.C. - UST Workshop

» Workshop Draft PDF  Word
» Workshop Presentation
» List of Attendees
» UST Workshop Comments (Posted February 14, 2014)

Chapter 62-762, F.A.C. - AST Workshop

» Workshop Draft PDF  Word
» Workshop Presentation
» List of Attendees
» UST Workshop Comments (Posted February 14, 2014)

Proposed Closure Evaluation Guidance
Link to the proposed revision to the "Storage Tank System Closure Assessment Requirements", April 1998.
» PDF

Notice of Development of Rulemaking for 62-761

Notice of Development of Rulemaking for 62-762


Rulemaking Hearing for October 28th

A rulemaking hearing for 62-771 and 62-772 will be held on October 28th, 2013, at 10:00 A.M. in Room 170 of the Carr Building, 3800 Commonwealth Blvd., Tallahassee, Florida


Petroleum Restoration Program Announcement

UPDATE (10/04/13): Notice of Proposed Rules published in Florida Administrative Register:


UPDATE (10/01/13): Information concerning various areas of the program in response to public interest:


UPDATE (09/27/13): Draft language for amendments to Chapter 62-771 and new Chapter 62-772
The draft rules were sent to Office of Fiscal Accountability and Regulatory Reform (OFARR) on Friday, September 27, 2013. The Department will wait 7 days before publishing the proposed rules in the Florida Administrative Register. Also included below are the proposed evaluation forms.


The Department of Environmental Protection (Department), through directives from the 2013 Legislature, has determined that the Petroleum Restoration Program must provide for fiscal accountability for its expenditures, lower the cost of site cleanup, and prioritize those sites that pose the greatest risk to human health and the environment. With these goals in mind, the Program is developing new rules and policies that change the way site cleanup work is procured, performed, and prioritized.

Procurement of Site Cleanup Services:

Based on the Legislative directive, all future work in the Program must be competitively procured. There are different methods the Program plans to obtain cleanup services:

  1. Develop a pool of competitively procured, qualified contractors (Agency Term Contractors) divided into three regions across the state, through a procurement process consistent with s. 287.057, F.S. The Notice of Solicitation was published in the Florida Administrative Register (FAR) on September 4, 2013. The solicitation will be published in the Vendor Bid System on or after September 16.
  2. Develop formal competitive solicitations outside of the term contracts, where vendors meeting the minimum qualification requirements would be eligible to compete for the projects. At this time, 74 sites are in various stages of the procurement process:
    1. 24 sites are currently in the process of approving Scopes of Work or the procurement process has begun.
    2. 50 sites are being evaluated for the suitability of work and the Scopes of Work will be drafted as appropriate
    3. In addition, seven sites have been assigned to a forensics contractor to determine the age of releases or to refine a site assessment.

Target Rules:

In order to effectively implement the changes necessary to meet the established goals, the Department is currently working on two Rules, Chapter 62-771, Florida Administrative Code (Ch 62-771), and Ch 62-772. Ch 62-780 is no longer being considered for modification.

  • Ch 62-771, the "Scoring Rule", is being revised to prioritize funding and rehabilitation work to sites that pose the greatest risk to human health and the environment, and to re-evaluate the site’s priority funding order once the threat has been evaluated and satisfactorily addressed.
  • Ch 62-772, the "Procurement Rule" was drafted to allow for the proper solicitation of site work to transition the Program from the existing "preapproval contractor" approach to a competitive procurement system.

The Department published a Notice of Rule Development in the FAR on May 30, 2013 and held a rule workshop on June 19, 2013. The Department is currently revising the Rules based on the comments received and anticipates the Notice of Proposed Rule will be in the FAR on September 16, 2013.


Important Notice Regarding
Low-Scored Site Initiative (LSSI)

UPDATE (02/28/14): The Petroleum Restoration Program (PRP) has updated the LSSI Contractor Selection Sheet (LSSI CSS) to simplify the process for the applicant to submit the information required for funding Low-Scored Site Initiative work. The PRP will still accept the previous LSSI CSS forms until the end of the year.


As most of you know, we are in the process of changing the Petroleum Restoration Program (PRP), formerly known as the Bureau of Petroleum Storage Systems (BPSS), to improve its effectiveness and efficiency. As a result of this review, we have determined that we must prioritize the cleanup of those sites that pose the greatest risk to human health and the environment and provide more fiscal accountability. With this in mind, PRP is entering into a new era of funding for the Low-Scored Site Initiative (LSSI).

The LSSI has proven to be a highly effective pathway that has already allowed over a hundred properties across the state to qualify for site closures, which otherwise would not have been possible. The vast majority of the closures received from the LSSI funding have been for "clean closures" or those which have received a Site Rehabilitation Completion Order (SRCO) because no contaminated groundwater or soil was reported. Without applying for the LSSI, these "low priority" sites would not have been eligible for State funds to address the contamination for many years, possibly decades, in the future.

Starting August 30, 2013 the Department will accept new requests for funding of LSSI work. As a result of recent actions by the Florida Legislature, and in order to be considered for state funding in the LSSI program this year, the applicant must complete and submit the new LSSI Contractor Selection Sheet, which contains new options available for selecting a contractor to perform the work. The Department will now procure contractual services for the LSSI program through the procurement procedures in Ch. 287, F.S. Site owners or responsible parties now have three choices on how the work can be procured:

  1. Select a qualified contractor (provided that pricing levels and conditions of the proposal can be negotiated on the best terms to the DEP), or
  2. Agree to an informal quote process, or
  3. Select an agency term contractor (when available)

Please see the revised LSSI Procedural and Technical Guidance document for updated procedures and procurement options.

If you have questions, please contact Sally McGregor at sally.mcgregor@dep.state.fl.us, Graham Witt at Gwitt@wrscompass.com, Michelle Allard at Mallard@wrscompass.com, or Wes Leon at Wleon@wrscompass.com.


Petroleum Restoration Program Supplemental Guidance
on Cost Share Sites (SRFA, PAC, & PCPP)

Posted: September 6, 2013

There has been recent clarification from Management pertaining to petroleum cleanup sites with cost share agreements, with slightly different provisions for SRFA sites than for PAC and PCPP sites. For more information, please click the following link.


UPDATED: Rule Development Workshop Information for Rules 62-771, 62-772, and 62-780

The Petroleum Restoration Program wants to thank those who submitted questions and/or comments by the July 3, 2013 deadline related to the rulemaking workshop held on June 19 in Orlando, FL, specifically with reference to the proposed rules, 62.771, Petroleum Contamination Site Priorities; and 62.772, Procurement Procedures for Petroleum Cleanup.

These questions and comments will be reviewed and taken into consideration as the Department moves forward with this rulemaking.

The workshop on the proposed rules was held on June 19th in the Orlando City Council Chambers (2nd Floor of Orlando City Hall) at 400 S. Orange Avenue in Orlando.

Workshop Attendees Listing (Posted June 24, 2013)
» PDF

Workshop Draft Rule Presentations (Posted June 19, 2013)
» PowerPoint
» PDF

Chapter 62-771, F.A.C. - Petroleum Contamination Site Priorities
» Notice of Development of Rulemaking
» Draft Rule (Revised)

Chapter 62-772, F.A.C. - Procurement Procedures for Petroleum Cleanup
» Notice of Development of Rulemaking
» Draft Rule (New)

Chapter 62-780, F.A.C. - Contaminated Site Cleanup Criteria
» Notice of Development of Rulemaking
» No proposed changes to Chapter 62-780 for this rulemaking phase.

For general questions concerning these notices, please contact Roger W. Rook at (850) 245-8822 or via e-mail at: Roger.Rook@dep.state.fl.us.


UPDATE: Rule Development Workshop for Rules
62.761.350 - Operator Training and Certification &
62.761.400 – Registration and Financial Responsibility

The Office of Compliance Assistance would like to thank those who attended the rule development workshop held on July 12, 2013 in Tallahassee.

Comments on the proposed rule revision should be forwarded via email to the Rule Manager, William E. Burns, Jr., Bill.Burns@dep.state.fl.us and will be accepted until August 2, 2013 at 5:00 pm eastern. Comments received will be posted to this website on or about August 6, 2013.

Response to Comments from June 12, 2013 Workshop
» PDF

Comments Received from June 12, 2013 Workshop
» PDF

Workshop Attendees Listing
» PDF

Workshop Draft Rule Presentations
» PDF

Notice of Development of Rulemaking


MyFloridaMarketPlace (MFMP) Requirements

The Department of Environment Protection has a requirement that all vendors doing business with the Petroleum cleanup Program be registered through MyFloridaMarketPlace. If you have not taken this step, please proceed to the following web site:

Department of Management Services MyFloridaMarketPlace page


Revised Notice of 2012 Updates to the Petroleum Cleanup Preapproval Program SOP Manual

Effective June 27, 2012

Click here for details


  Money icon Petroleum Cleanup Preapproval Program Spending Procedures for Fiscal Year 2012-2013 - Final
Posted June 26, 2012

Click here for details
Money icon


SCORING NON-ELIGIBLE SITES

The purpose of this notice is to clarify the initiative the Program has undertaken to score non-eligible petroleum contaminated sites.

In order to provide DEP District offices with a tool to help them prioritize their enforcement effort with respect to non-eligible sites which have no activity, the Program is having non-eligible sites scored.

This score is for DEP enforcement purposes only and the scoring of the noneligible sites is not to be considered as a cleanup prioritization for the responsible parties of these non-eligible sites.

All non-eligible discharges are required to be cleaned up in accordance with Chapter 62-780, F.A.C.

Any score that is assigned to a non-eligible site is for internal DEP use only.


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Last updated: December 18, 2014

Petroleum Restoration Program #850-245-8839 MS #4575

 

Division of Waste Management #850-245-8705 MS #4500
2600 Blair Stone Road, Tallahassee, Florida 32399-2400

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