Department of Waste Management

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.

Many facilities in Florida have added standby or backup generators to their sites to increase their emergency preparedness in the last several or more years. Many of those emergency generators are unregistered, but, have larger fuel tanks that meet the requirements for registration with the Department. The Department is undertaking an outreach initiative to provide basic information and to increase tank registrations where needed for facilities with emergency generators. For a limited time, the Department is also waiving back registration and late fees when you initially register any unregistered emergency generator tanks by June 30, 2014. For more information, please see the information and announcements on the Storage Tanks Compliance Assistance web page.

It has come to my attention that some contractors are proceeding to execute change orders without prior approval of site managers in contracted counties. I want to be perfectly clear on this issue: a contractor that unilaterally decides to perform services outside of the scope of an approved work order without getting PRIOR approval from its client: the Petroleum Restoration Program (PRP), does it at its own financial risk. Every change order must have prior approval from the PRP. We are tracking every approved change order since that element has a substantial bearing on the contractor’s encumbrance balance in the Relative Capacity Index algorithm.

In addition, it has also come to my attention that some contractors have let their worker compensation insurance policies lapse therefore continue to perform rehabilitation work at their own financial risk. Until worker’s comp policy renewal proof is submitted, these are unqualified contractors and will not be assigned any work by the Department until proof of their insurance policy renewal is submitted to the PRP. I strongly encourage the contractor community to make sure this issue is fully addressed before our transition to Agency Term Contractors finishes on or about March 1, 2014.

Sincerely,
Jorge R. Caspary, P.G.
Director
Division of Waste Management

• The FDEP has received three notices of intent to protest its recommended awards under the Petroleum ITN.
• The FDEP anticipates issuing an emergency authorization to proceed to negotiate Agency Term contracts no later than 1/27/2014.
• After authorization, the FDEP will contact vendors recommended for contract award (“Selected Vendors”) via email, directing Selected Vendors to provide the FDEP Procurement Section with their professionals’ fee schedule. The format for the fee schedule will be provided by FDEP.
• FDEP will provide a copy of the revised contract, including a Relative Capacity Index (RCI) algorithm and work assignment process, to the Selected Vendors concurrent with the above email.
• FDEP will contact Selected Vendors in tranches to schedule negotiations. Negotiations may be conducted in person or electronically (by phone and/or email).
• Individual Agency Term Contract(s) (ATCs) successfully negotiated with Selected Vendors will be executed as approved. Direct assignments to contracted vendors will begin immediately following execution of a contract.
• If FDEP is unable to negotiate a satisfactory contract with a Selected Vendor, negotiations will be terminated and no contract issued.
• Tasks with costs estimated not to exceed $195, 000 will be directly assigned by the PRP to an ATC vendor applying an RCI algorithm as described in the resulting contract.
• Tasks with costs estimated to exceed $195, 000 will be directly assigned after a request for quote process (eQuote process) has been completed. Invitations to participate in the eQuote process will be sent to the top 3 ATC vendors pursuant to an RCI algorithm as described in the resulting contracts.

Public Notification of Discovery of Contamination

DEP is expanding its Public Notification process to advise property owners if pollution has been found on their property or in their neighborhood. The sites that were under assessment when the pollution was found are listed on the Property Owner Notification of Discovery of Pollution.

Rulemaking Underway

• (Posted February 14, 2014)