No Further Action without Controls (NFA). This option is used when concentrations of contaminants in both soil, groundwater, and surface water are equal to or less than the residential Cleanup Target Levels (CTLs) and free product is not present. Additionally, concentrations of contaminants in soil must be less than leachability-based soil CTLs, or direct leachability testing results demonstrate that leachate concentrations do not exceed the appropriate groundwater CTLs. Soil and ground water cleanup levels are established in Chapter 62-777, F.A.C. Once monitoring and/or remediation wells are properly abandoned, a Site Rehabilitation Completion Order (SRCO) will be issued.
RMO II - Chapter 62-780.680(2) F.A.C.
No Further Action with Controls (NFAC). Unlike RMO I, this option allows the use of Alternative Cleanup Target Levels (ACTLs), which are higher than the residential CTLs. Institutional and, if necessary, engineering controls are required to ensure that contamination at the site poses no risk to people or the environment. An engineering control that prevents human exposure (for example, permanent cover material or a minimum of two feet of soil) may be implemented, in which case the contaminant concentrations in the soil below the permanent cover or two or more feet below land surface may exceed the direct exposure soil CTLs. Groundwater contamination may be contained within the property boundaries and limited to the immediate vicinity of the source area where it has been demonstrated to the Department by a minimum of one year of groundwater monitoring data that the groundwater plume is stable or shrinking. RMO II was developed specifically to streamline closures for small areas of contamination less than ¼ acre. Once the appropriate institutional and/or engineering controls are in place and once monitoring and/or remediation wells are properly abandoned, a SRCO w/ Conditions will be issued indicating active cleanup is no longer required. See the SCTL-RMOII-Matrix tool used as a quick reference for reviewing closure options under RMOII when SCTLs are exceeded.
RMO III - Chapter 62-780.680(3) F.A.C.
This option is similar to a RMO II, but may be used for areas of contamination larger than ¼ acre. This option allows a site to be closed using ACTLs and institutional and/or engineering controls with a site-specific risk assessment to determine site specific exposure issues. Implementation of institutional and/or engineering controls are established to prevent exposure to the contaminated soils and groundwater.
Types on Controls
The most common institutional control is a restrictive covenant recorded with the deed to the property. The most common restrictions contained in such covenants include a groundwater use restriction (for example, installation of a potable well on the property is prohibited) or a requirement to maintain a impermeable surface covering or other engineering control. Institutional controls need to be recorded on the Institutional Control Registry.
Engineering Controls may be needed when a site is closed using ACTLs or contamination is left in place and a mechanism to prevent contact with or movement of the contamination in the soil and/or groundwater is required. A common engineering control for soil is an impermeable surface covering, for example, an asphalt or concrete parking lot or two feet of clean soil on the surface. A barrier or slurry wall is also an example of an engineering control used to prevent migration of contaminated groundwater. Engineering controls must be maintained by the Site Owner following site closure.
FDOT MOU Closures
On June 16, 2014, the Florida Department of Environmental Protection (FDEP) and Florida Department of Transportation (FDOT) executed the FDEP/FDOT Memorandum of Understanding For Petroleum Discharges In the FDOT Right of Way. This document provides a process to establish an alternative institutional control to allow low levels of contamination to remain in the FDOT right-of-way (ROW) or under FDOT roads if the FDEP has determined that the discharge meets Chapter 62-780, F.A.C., no further action criteria, if these conditions are met and the FDOT agrees and includes a ROW map note identifying the area of contamination.
Low Scored Site Initiative No Further Action (LNFA) (see LSSI SOP)
To qualify for a LSSI NFA, it must be demonstrated that the following conditions are met:
Excessively contaminated soil does not exist on site.
The plume is shrinking or stable.
Adjacent surface waters are not affected.
The area of groundwater containing the petroleum products’ chemicals of concern:
Is confined to the source property boundaries, or
Has migrated from the source property onto or beneath a transportation facility for which the DEP has approved, and governmental entity owning the transportation facility has agreed to institutional controls.
The groundwater contamination is not a threat to any permitted potable water supply well.
The top two feet of soil meet applicable soil cleanup target levels.
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