Florida DEP - Bureau of Petroleum Storage Systems – Petroleum Cleanup Preapproval Program
REMEDIAL ACTION INITIATIVE
March 1, 2004
(Revised February 15, 2008)
Table of Contents
Introduction
Applicability and Implementation Schedule
I. General Axioms
II. RA Specialists and O&M Inspectors
A. RA Specialist Duties
B. O&M Inspector Duties
III. Contractor Performance Criteria
A. System Run Times
B. System Performance
C. Preventative Maintenance
D. Performance Measurement and FailSafe/Interlock Devices
E. Detection of System Shutdown or
Malfunction
F. Response to System Shutdown or
Malfunction
G. Reporting of System Problems and
Response Actions
H. Cleanup Milestones
I. RA Phase Reporting
J. Response to Comments and Requests
K. Cooperation with Inspectors
IV. Pre-RAP/RAP Mod Process
A. Pre-RAP Meetings and Teleconferences
B. Pilot Testing
C. Integrity of Storage Systems
D. Final RAP/RAP Mod Meetings
E. RAP Work Orders
V. RAP/RAP Mod and System Design
A. Equipment Specs and System Design
B. Cleanup Goals
C. RA Milestones
D. Cleanup Monitoring and Milestones
E. Construction and Startup Plan
F. System Maintenance, Monitoring and
Reporting
VI. Remediation Equipment Considerations
A. Lease vs. Purchase
B. Equipment Warranties
C. General Equipment Considerations
VII. Construction and Startup
A. Remediation System Startup and Test Plan
B. Dynamic Management
C. RA Startup Report
VIII. O&M Template Package Cost
A. O&M Template Package Options
B. Costs Covered by O&M Template
C. Costs Not Covered by O&M Template
D. O&M Template Reference Table
E. O&M Template Monthly Allowances
IX. O&M Process
A. O&M Work Order
B. Exemption From RA Initiative
C. Contractor Diligence
D. Changes to Cleanup Milestones
E. Initial Notice of Contractor Performance
Problems
X. Post Active RA Monitoring
A. Monitoring
B. Evaluation and Action
C. Payment
XI. Contractor Non-Performance
Determination
A. Primary Issues
B. Secondary Issues
XII. Contractor Removal Procedure
A. Contractor Removal Process
B. Final Decision Notification Procedure
C. Incomplete Work Orders
Attachments
A. RA Summary Report
B. Contractor Non-Performance Summary
Form
C. Contractor Non-Performance Notice Letter
D. Final Decision Notice Letter
E. Owner/RP Contractor Removal
Notification Letter
F. Initial Notice of Contractor Performance
Problems Letter
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Introduction
The Remedial Action Initiative prescribes significant changes in the way that remediation
systems are designed, reviewed and evaluated for performance in the Petroleum Cleanup
Preapproval Program.
These procedures are intended to improve cleanup success by emphasizing good engineering
practices, coordinated management of the cleanup process, and increased focus on system
performance and cleanup goals.
These procedures reinforce the responsibility assumed by Contractors to provide the State with
petroleum contamination site cleanup services in an expedient and cost effective manner. They
will be most effective if all parties involved in the remedial action phase of the cleanup adhere
strictly to this regimen.
In no way do these procedures alter or supersede the requirements for cleanup or closure
contained in Chapter 62-770, Florida Administrative Code (F.A.C.).
The RA Initiative should not be considered to be inclusive of all possible considerations
pertaining to sound engineering practices and decisions, nor should it be construed to override or
supersede other existing Department rules and written guidance unless expressly stated. The
Contractor is responsible for making sound engineering and operational decisions with respect to
contamination cleanup and for complying with all applicable rules and guidance irrespective of
their inclusion as a reference in the RA Initiative document.
Applicability and Implementation Schedule
The changes to the remedial action design strategy were implemented effective July 1, 2003.
Beginning on that date, all new remediation system designs or redesigns that have not previously
received a RAP approval order or RAP Mod approval order or letter, as applicable, are required
to use the strategy contained in this initiative.
These procedures shall apply to all Petroleum Cleanup Preapproval Program sites with the
following limitations:
A. Sites for which a RAP approval order or RAP Mod approval order or letter, as applicable,
and an implementation work order were issued prior to July 1, 2003 will be addressed at a
later date and are not required to comply with all of the aspects of this initiative until or
unless a major RAP Mod is required.
B. The Owner/Responsible Party has two options for sites for which a RAP approval order or
RAP Mod approval order or letter, as applicable, was issued prior to July 1, 2003 (or for
which written technical approval was granted from a contracted local program [LP] pending
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issuance of the Department approval order) and for which an implementation work order was
not issued prior to July 1, 2003:
1. Elect to have the designated Contractor proceed with implementation of the approved
RAP or RAP Mod under the existing Preapproval procedures outlined in the SOP. These
sites will be evaluated for phased transition to the new RA Initiative procedures at a later
date or at such time as a major RAP Mod is required, whichever comes first; or
2. Elect to have the designated Contractor submit a RAP Mod proposal to modify the
existing RAP or RAP Mod to meet the engineering requirements of the RA Initiative.
Upon approval of the RAP Mod, the site will be subject to the O&M provisions of the
RA Initiative.
3. Written evidence of the selected option must be received from the Owner/Responsible
Party for these sites prior to execution of a work order. Faxed copies will be accepted.
C. It is not the intent of the Department to automatically transition all sites with remediation
systems based on a pre-July 1, 2003 RAP or RAP Mod approvals to the RA Initiative.
However, milestone schedules shall be established (if they do not currently exist) for those
sites in accordance with the April 19, 1999 “Procedures to Establish Milestones and Conduct
Remediation Progress Evaluation” (with the exception of averaging contaminant
concentrations across multiple wells) and periodic evaluation of cleanup progress compared
to the milestone cleanup goals and timeframes shall be conducted.
1. If adequate progress is being made, the site may continue O&M under the approved
RAP/RAP Mod and will not be required to transition to the RA Initiative.
2. If adequate progress is not being made and a major RAP Mod is determined necessary,
the site shall be subject to the RA Initiative requirements from that point forward.
3. The Site Owner/RP may request that the Department/LP consider transition of their site
to the RA Initiative if they feel that adequate cleanup progress has not been achieved if
documentation is included to justify the necessity of a major modification to the existing
RAP/RAP Mod.
D. Compensation for modifications to existing remediation systems to conform to the
engineering requirements of the RA Initiative will be a Level 2 RAP Mod if no remediation
system re-design is proposed, and a Level 4 RAP Mod if re-design of the remediation system
is proposed. Exceptions shall be based on technical merit and require approval by the Site
Manager’s supervisor.
E. These procedures do not replace and do not apply to Performance Based Cleanup (PBC,
formerly PFP) agreements. PBC agreements will remain an available option for cleanups
and discussion of the PBC agreement option is encouraged.
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F. Generally, these procedures do not apply to sites that are at or within 20% of Natural
Attenuation Default Concentrations or have a small, localized contaminant plume for which
source removal, short-term or intermittent remediation events are determined to be the best
remedial strategy. Such short-term remedial actions using mobile equipment may be
appropriate at sites that have relatively low levels of contaminants or where contamination is
limited to the immediate source area and might be expected to effectively attenuate following
the limited treatment or removal. Decisions to use such techniques will be made on a sitespecific basis.
G. These procedures do not apply to sites where bio-injection or chemical injection is the
selected remedial strategy unless that strategy also includes some sort of mechanical system
either as part of the strategy or in addition to it. However, the requirement to establish
cleanup milestones, remediation goals and timeframes are still applicable.
H. These procedures do not apply to sites where soil is the only medium requiring cleanup.
Payment for remedial activities at these sites shall be handled in accordance with standard
Preapproval procedures. The engineering requirements, cleanup goals and time frames
stipulated in this initiative are required but because interim measurement of soil cleanup is
problematic, quarterly milestones cannot reasonably be established. As such, these sites will
need to establish other measurable cleanup objectives for gauging cleanup progress on a sitespecific basis. This exception applies to both excavation and active remediation of soil-only
sites.
I. Owners or other responsible parties of sites that are subject to limitations on the amount of
cleanup funding available from the State are encouraged to participate in decisions regarding
remedial options. Existing guidance addressing funding caps and transition issues can be
found in Appendix C.4. of the Preapproval Program Standard Operating Procedures Manual.
The RA Initiative does not preclude the alternative options for closure available in Chapter
62-770, F.A.C., including conditional closure with deed restrictions, phased remedial
approaches and risk based alternative cleanup target levels. Where active remedial action
involving a treatment system is the option of choice, however, there is no presumed
exemption for sites with funding caps to meeting the applicable provisions of the RA
Initiative. However, the Department shall consider the relative cost of remediation under
pre-RAI and RAI criteria. All such requests for deviation from the RA Initiative based on
the impacts of impending funding caps and preferences of the Owner/RP shall be addressed
on a case-by-case basis.
I. General Axioms for the RA Phase
A. The general time frame for sites to achieve the initial target cleanup goal is between one
and four years for all but the most difficult sites. The initial target cleanup goal shall be
either 70% of the natural attenuation default concentrations (NADCs) or 90% reduction,
whichever is more stringent, in addition to the natural attenuation criteria in Rule 62770.690, F.A.C. The determination of which initial cleanup target goal to use shall be
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based on the wells with the highest contaminant concentrations, usually located in or near
the source area. Once the more stringent goal is established based on the wells with the
highest initial contaminant concentrations, the same goal shall then apply to all key wells
on site (i.e., all 70% NADCs or all 90% reduction). Cleanup milestones must be
established in the RAP or major RAP Mod to evaluate cleanup progress if active
remediation is anticipated to take more than one year to complete.
1. The specific cleanup timeframe upon which the milestones are based shall be
established and justified in the RAP or RAP Mod.
2. Given the focus on aggressive designs and the use of equipment with high reliability
and run times, all RAPs or RAP Mods for which a cleanup timeframe greater than
four years is proposed must be reviewed by the key FDEP/LP Team members (Site
Manager, RA Specialist, Review Engineer) in accordance with the May 21, 2003,
BPSS Difficult Sites Evaluation Procedures. Based on this review and the technical
findings, a recommendation for approval, if appropriate, will be forwarded by the
BPSS/LP Team P.E. to the BPSS Chief Engineer and Geologist. This difficult site
evaluation considers phased remediation strategies and/or alternate risk based site
closure options.
3. Conversely, cleanup timeframes closer to one year should be anticipated for sites with
relatively small plumes and/or less challenging hydrogeologic conditions that require
permanent remediation systems because they are not amenable to source removal,
short-term or intermittent remediation events.
B. Properly designed, constructed, and tested remedial systems that are operated within
equipment specifications and maintained pursuant to manufacturer’s recommendations
should achieve cleanup milestones on time with minimal change orders for modifications
or repairs.
C. No work order shall be issued to put a remediation system into operation without
specifying the required milestone cleanup schedule to evaluate cleanup progress.
D. All remedial systems shall follow a generally accepted engineering design, construction
and testing process prior to system operation.
E. All remedial systems proposed by a Contractor shall be designed for dependability and
aggressive source area (or area of highest contaminant mass) operation.
F. All future system designs will be subject to review based on the new design requirements
of the RA Initiative. Sites that have already been issued RAP approval orders or RAP
Mod approval orders or letters, as applicable, and implementation work orders will be
addressed in accordance with Part C of the Applicability and Implementation Schedule
Section.
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G. BPSS Teams and contracted LPs shall designate RA Specialists and Operation and
Maintenance Inspectors who will be trained and specialize in the remedial action process
and remedial systems respectively (see Section II).
H. The performance requirements for Contractors set forth in Sections III and XI shall be
strictly enforced. Contractors who fail to meet these performance criteria during the
construction, startup, and/or O&M activities of the RA phase of cleanup may be subject
to removal by the Department as the Contractor of record for the cleanup site as set forth
in Sections XI and XII.
I. To insure the timely continuation of remediation projects, Contractors and FDEP/LP Site
Managers shall strive to comply with the turnaround timeframes set forth in Sections
3.5.3 and 3.4.3 of the Preapproval Program SOP for proposal submittal and proposal
review/work order issuance, respectively.
II. RA Specialists and O&M Inspectors
A. RA Specialist Duties - Select Site Managers will be trained to be RA Specialists. The
number and distribution of RA Specialists shall be determined at the section level but
every section must have at least one. The duties of the RA Specialist are separate from
those of the O&M Inspector, although they may be performed by the same person for
some of the smaller teams.
1. The RA Specialist will work closely with the section P.E. and Site Manager to ensure
that the RA Initiative criteria are consistently and correctly applied and to help
communicate with Contractors to ensure that cleanup milestones are achieved.
2. The purpose of the RA Specialist is to assist the Site Manager during the RA phase
and to co-review all RA phase reports and RA inspection reports and operation and
sampling data to confirm that the systems are functioning as designed and to identify
problems or trends that impact achievement of the cleanup goals.
3. The establishment of the RA Specialist position does not relieve the Site Manager of
any of his or her overall responsibility to monitor cleanup progress in the RA phase
and to make occasional site visits.
4. The RA Specialist should be a Site Manager that has the aptitude, ability and
knowledge to provide guidance and instruction to other Site Managers regarding
performance of operating systems during the RA phase.
5. The RA Specialist should complement and work closely with the P.E. responsible for
approving the remedial design.
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6.
The RA Specialist should be assigned to the site at the Pre-RAP stage and remain
involved throughout the duration of active remediation.
B. O&M Inspector Duties - O&M Inspectors will be trained and dedicated to the inspection
of all aspects of remedial systems from construction and startup to routine operation and
maintenance. While periodic verification of the items listed below is desirable, this
should not imply that the full scope must be verified and documented during each
inspection or re-inspection. The frequency and specific scope of any given inspection
will be determined by the inspector and the BPSS/LP Team.
O&M Inspectors shall endeavor to coordinate the scheduling of site inspections requiring
the Contractor’s on-site presence with regularly scheduled O&M visits. If the O&M
Inspector requires the Contractor to be on-site at times other than regularly scheduled
O&M visits, then the Contractor shall be compensated using template rates where
applicable. The O&M Inspector shall:
1. Verify that the remediation system components are installed in accordance with the
approved RAP or RAP Mod and the as-built drawings.
2. Verify that the equipment is being maintained in accordance with the manufacturer’s
specifications and approved RAP/RAP Mod and record any evidence to the contrary.
3. Verify that the remediation system performance measurement devices are installed in
accordance with the approved RAP/RAP Mod and that they are operable and capable
of measuring the required parameters, including: hour meters, electric meters, flow
meters and totalizers, pressure gauges, vacuum gauges, liquid level indicators, etc.
4. Verify that the system equipment and components are operating properly, and record
all observations and system performance parameter measurements at the equipment,
manifolds and wellheads/treatment points, as applicable.
5. Verify that the critical fail-safe/interlock mechanisms are installed in accordance with
the approved RAP/RAP Mod and ask the contractor to demonstrate that they are
functioning properly, if possible (some of the examples listed can not be reasonably
tested during an inspection). These devices are designed to prevent safety risks,
damage to major equipment components or discharge of contaminants to the
environment by causing deactivation of the system under certain conditions.
Examples include high liquid level sensor/cutoff, high pressure sensor/cutoff, air
sparge shut off if VES fails, low oil level sensor/shut off, high temp sensor/cut off,
power supply monitor/cut off, etc.
6. Observe and record general site conditions and any factors affecting site safety or
cleanup efficiency.
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7. Verify that any State-owned equipment located on site has the proper tags and is
consistent with the State-owned property inventory records.
8. Document the results of each inspection using the most recent version of the
standardized BPSS O&M Inspection Form.
9. Inspect each active remediation system no less than three times per year.
III.
Contractor Performance Criteria
The Contractor shall demonstrate the following performance criteria. Failure to meet one or
more of these performance criteria may be grounds for removal as the designated Contractor of
Record for the site or, in severe cases, removal of the Contractor from the Petroleum Cleanup
Preapproval Program. See Sections XI and XII of this initiative for details.
If the Contractor believes that specific conditions beyond their control have caused or
significantly contributed to its failure to meet any of these performance requirements, they may
submit detailed supporting documentation to that effect and the Department shall consider such
documentation in any decision regarding Contractor non-performance. Such conditions may
include but not be limited to, Department imposed limitations or requirements, natural events,
and actions by other parties.
A. System Run Times - Average monthly remediation system run times shall be at least 80%
of the design run time specified in the approved RAP or RAP Mod for each major
treatment process. This run time criteria shall not apply to the first quarter of system
operation following construction and startup. The design run time may not be the same
for all components or processes (i.e., an AS/SVE system may be designed to run
continuously for a specified period and then stop while the aquifer is allowed to
equilibrate - pulsing).
B. System Performance - Average monthly remediation system performance shall be within
+20% of the design capacity specified in the approved RAP or RAP Mod or the optimum
capacity observed during startup, whichever is less, for each of the major treatment
processes (groundwater recovery, air sparge, vacuum extraction, etc.) at the point of
recovery or treatment, including flow rates, vacuum pressures, injection pressures, etc.
This variance is intended for overall performance evaluation and should not be construed
to imply that deviation from any critical performance or safety design thresholds
established in other Department rules or guidance are acceptable (i.e. SVE flow rate must
be at least 50% greater than air sparging air flow rates, as specified in Rule 62-770.700
(5)(c), F.A.C.). However, exceptions shall be considered where, in the interest of
dynamic site management, the Contractor intentionally modifies flow rates or pressures
to or from individual recovery wells or treatment points during the course of the cleanup
to optimize the system effectiveness. Such limited changes within + 20% of the
approved design may be implemented without a RAP Mod if reported to the Department
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with detailed explanation and justification at the time of implementation as well as in the
next quarterly or annual RA Report to avoid the appearance of substandard system
operation. Any such changes that would exceed the + 20% limit shall require notification
to the BPSS/LP Site Manager prior to implementation, at which time a site-specific
decision will be made regarding the necessity for a RAP Mod.
C. Preventative Maintenance - The Contractor shall conform to all of the manufacturer’s
recommended maintenance requirements for the remediation equipment and document
using the comprehensive Preventative Maintenance Checklist referenced in Subsection
V. F.
D. Performance Measurement and Fail-Safe/Interlock Devices - The Contractor shall repair
or replace non-functioning system performance measurement and critical fail-safe/
interlock devices, within 3 business days of discovery or notification by the FDEP/LP.
Extensions of this timeframe may be granted on a case-by-case basis if justified due to
extenuating circumstances and approved by the Site Manager’s supervisor.
E. Detection of System Shutdown or Malfunction - The Contractor shall detect system
shutdowns or malfunctions within 3 business days of occurrence through remote sensing
technology such as auto-dial alarms, telemetry, etc.
F. Response to System Shut Down or Malfunction - The Contractor shall respond to system
shutdowns or malfunctions within 3 business days of discovery or notification by the
FDEP/LP, including evaluation of the problem, minor repairs and re-start if possible.
Major repairs or system component replacement should be completed within one week of
the close of this 3 business day response period provided replacement equipment is
available. If the equipment is not readily available or decisions regarding warranty
coverage cannot be finalized, the Contractor shall provide the Department/LP Site
Manager with an acceptable replacement schedule within this timeframe, including
copies of all correspondence with the equipment manufacturer or vendor. Extensions of
these timeframes may be granted on a case-by-case basis if justified due to extenuating
circumstances and approved by the Site Manager’s supervisor.
G. Reporting of System Problems and Response Actions - The Contractor shall report to the
FDEP/LP Site Manager within the timeframes listed below in a manner that will provide
for documentation of the actual time and date the notification occurred (i.e., e-mail, fax,
courier, etc.):
1. System shutdowns or malfunctions within 2 business days of discovery or notification
by a representative of the FDEP/LP other than the Site Manager.
2. Initial response actions and evaluation of the cause of the shutdown or malfunction
within 2 business days of the response.
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3. Major repairs or replacements within 2 business days of completion.
H. Cleanup Milestones – The Contractor shall strive to achieve contaminant reductions at or
below the established cleanup milestone goals for each quarter for each contaminant
group in all key wells. Each RA Report shall include an evaluation of cleanup progress
relative to the milestone objectives and an explanation of the reasons for not achieving
the cleanup objectives. If contamination reductions do not meet these goals, the quarterly
and annual RA Reports must provide an explanation of the reasons for not achieving the
required cleanup progress, the specific steps already taken to improve future performance
and/or a means for correction of the problem. However, because conclusions regarding
the degree of cleanup progress at quarterly intervals do not reflect a high level of
confidence (due to normal variations in groundwater levels, sampling technique,
laboratory results, etc.), discussion of strategies for improving cleanup performance in the
quarterly RA Reports should generally be conceptual in nature. The annual RA Reports
must provide a higher degree of analysis and specific recommendations for corrective
action in accordance with the Department’s April 19, 1999 “Procedures to Establish
Milestones and Conduct Remediation Progress Evaluation” if cleanup progress is
inadequate.
I. RA Phase Reporting - The Contractor shall submit accurate and timely (within 60 days of
the startup/anniversary date, as applicable, or as specified in the work order) startup,
quarterly and annual RA Reports that include all of the required components for
performance and monitoring data, milestone evaluation, maintenance and repair
summaries, response times, recommendations, etc., outlined in Subsection V. F. Each
RA Report submittal (startup, quarterly, and annual) shall include, but not necessarily be
limited to, electronic and paper copies of the BPSS RA Summary Report in the standard
format specified in Attachment A of the RA Initiative.
J. Response to Comments and Requests - The Contractor shall respond to technical report
comments and requests for information or corrective action by the FDEP/LP Site
Manager, RA Specialist or O&M Inspector within 30 days if no fieldwork is required and
within 60 days if fieldwork is required.
K. Cooperation with Inspectors - The Contractor shall cooperate with O&M Inspectors and
Site Managers and respond within 7 days of their requests to:
1. Coordinate site visits for inspection and re-inspection.
2. Provide keys or lock combinations to remedial system compounds, buildings, wells,
vaults, etc.
3. Review maintenance, repair and warranty records, and field notes.
4. Demonstrate operation of equipment, performance measurement, monitoring,
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telemetry, and critical fail-safe/interlock devices (if applicable), etc.
IV.
Pre-RAP/RAP Mod Process
A. Pre-RAP Meetings and Teleconferences – The Site Managers, Geologists, and
Design/Review Engineers for the BPSS/LP and Contractor as well as the BPSS/LP RA
Specialist shall engage in a Pre-RAP meeting or teleconference. A thorough
understanding of the site, based on available records, and the RA Initiative procedures is
required from all parties involved in the meeting. Face to face meetings are encouraged
but not required. The cost for one local Pre-RAP meeting or teleconference is included in
the RAP and RAP Mod templates. In the event out of town travel is necessary for these
or subsequent meetings, the travel costs can be negotiated using Preapproval templates
where applicable.
The Pre-RAP meeting or teleconference shall be conducted within 60 days of approval of
the site assessment, if possible, and include:
1. Review of the physical site considerations.
2. Completion of the Pre-RAP Checklist.
3. A determination of the potential strategies for remediation, including:
a. A general discussion of the applicability of the cleanup strategies contained in the
May 21, 2003, BPSS “Procedures for Evaluating the Cleanup Strategy on
Complex, Difficult or Costly Petroleum Remediation Sites in the Preapproval
Program.” These procedures consider the use of risk management options and/or
phased approaches to cleanup and are to be used on sites where post-assessment
costs are projected to exceed $500,000 and/or whenever the projected cleanup
timeframe is greater than four years.
b. An evaluation of the use of source removal, short-term or intermittent remediation
events using mobile equipment as an alternative to longer-term active remediation
with an installed system.
4. A decision on the appropriate scope and level for RAP or RAP Mod.
5. The establishment of active remediation cleanup goals (e.g., Rule 62-770.690, F.A.C.,
and 70% NADCs, 90% reduction or CTLs) and final cleanup goals (i.e., complete
cleanup to groundwater and soil CTLs or SRCO with conditions).
a. See Subsection V. B. for a more complete discussion on establishing goals.
b. Note that the goals established in accordance with these procedures for active
remedial action in the Preapproval program do not in any way alter the
requirements specified in Chapter 62-770, F.A.C., for achieving natural
attenuation criteria or final site cleanup closure.
c. If the Property Owner/Responsible Party elects to pursue an SRCO with
conditions as the final cleanup goal and agrees to institutional and, if applicable,
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engineering controls, then he/she shall also be involved or represented in the PreRAP discussions. Failure to elect to pursue or not pursue an SRCO with
conditions at this time shall not be binding.
6. A determination of which technologies are most suitable for the site conditions and, if
applicable, a discussion of the reasoning for a proposal to not conduct a pilot study.
7. A determination of any additional RA-specific data that may be necessary.
B. Pilot Testing – Most sites shall undergo a pilot tests of the proposed remedial technology:
1. The pilot test is critical in establishing the correct type, size, scale and scope of the
proposed system and shall be used to:
a. Determine if the proposed technology will be suitable for the site.
b. Measure the radii of influence.
c. Establish design parameters for full-scale system design.
2. The Pilot Test Plan shall be submitted and approved before conducting the pilot test.
a. All pilot tests shall be conducted in accordance with the BPSS pilot test
guidelines.
b. Any additional site work required for implementation of the pilot test (e.g.,
treatment or measurement points) shall be done in such a manner as to maximize
their potential for use in the eventual final remedial design strategy.
3. Pilot testing for more than one technology is allowable if the consensus among the
RAP design team is that multiple technologies could be used to clean up the site or
testing of more than one technology is necessary to identify the one most suitable and
effective for the site conditions.
4. Appropriate and experienced Preapproval Contractor personnel must be on site during
performance of the pilot test to insure that it is performed properly and that useful
data are obtained. If the pilot test is not performed properly as described in the
approved pilot test plan then it must be repeated at the Contractor’s expense.
5. The scope of a pilot test shall address all of the requirements of the BPSS pilot test
guidance for the technology being evaluated.
6. A Pilot Test Report shall be submitted and shall contain all of the pilot test data,
summarize the test results and draw appropriate conclusions as to the feasibility of the
technology for the site, radii of influence, spacing of treatment points, and other
relevant design information.
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7. An alternative technology should be proposed in the Pilot Test Report if the pilot test
results indicate that the technology tested will not be successful at the site. The
alternative technology should similarly be pilot-tested before the design stage.
8. “Bench-testing” of remedial strategies is generally not recommended as an alternative
to conducting a pilot study.
9. Wherever practical, supplemental site assessment or additional RA-specific data that
may be needed for design shall also be collected as part of the pilot study
mobilization event.
10. Proposals to not conduct a pilot study shall be submitted in writing, include the
reasoning, and be approved by the BPSS/LP during the pre-RAP meeting.
11. Subcontracting of pilot testing is authorized and shall have oversight by an
experienced engineer of the Preapproval Contractor.
C. Integrity of Petroleum Storage Systems - The FDEP/LP Site Manager shall confirm the
integrity of petroleum storage and distribution systems on site. Finalization of remedial
system strategies and designs shall not occur until this step has been completed.
1. Review historical integrity testing and repair history of the site petroleum storage
system for evidence of petroleum releases that have not been adequately addressed
and abated, as well as the failure to comply with leak detection requirements that may
be indicative of a new or ongoing release. This will require review of the compliance
files in addition to the cleanup files. The cleanup Site Managers should discuss the
compliance history with the Compliance Inspector.
a. Any compliance violations should be evaluated for potential to be a contributing
factor to the observed contamination.
b. Any compliance violation that is suspected of being a contributing factor to the
contamination must be immediately reported to the appropriate Compliance
Inspector and corrected at the Owner’s/RP’s expense prior to startup of a remedial
system or prior to (or in conjunction with) other remedial strategies such as
excavation.
c. If there is specific pre-existing evidence of a recent discharge and/or if a prior
request for integrity testing of the storage system, overfill sumps or dispenser
sumps has been made by the Compliance Inspector but not completed, then such
testing shall be arranged and conducted at the Owner’s/Responsible Party’s
expense.
d. The Owner/Responsible Party shall repair any portion of the storage system or
sump that does not test tight at their expense using a licensed Petroleum Storage
System Specialty Contractor where required.
e. The Department shall pay the cost of any testing that is not required by Chapter
62-761, F.A.C.
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2. For closed storage systems the following must be reviewed:
a. Closure reports and associated source removal reports.
b. Type of closure (e.g., removed or abandoned in place).
c. Proper closure procedures (a closure assessment is not required for program
eligible sites).
3. Note that as the Electronic Storage Tank Inspection Reporting System (ESTIR) field
data capture technology for Compliance Inspectors comes on line, STCM/PCT and
OCULUS will be electronically updated. In addition, a report will be forwarded to
the Site Manager of record, if applicable. These updates will occur on a day forward
basis only and the Site Manager should still review the historic compliance records.
4. If this investigation has identified a significant source of new non-eligible
contamination, the Owner/Responsible Party may elect to pursue a Site Rehabilitation
Funding Allocation Agreement with the Department prior to cleanup of the combined
plume.
D. Final RAP/RAP Mod Meetings - Consider, when appropriate, an additional RAP/RAP
Mod meeting by all personnel involved in the design and operation of the system to:
1. Evaluate pilot test results, supplemental assessment data and other data.
a. Verify that the pilot test was conducted appropriately.
b. Verify that the selected technology should be successful for cleanup of the site.
2. Finalize the choice of remedial technologies.
3. Confirm the design safety factors.
4. Confirm the number and spacing of recovery/treatment points.
5. Confirm the major remediation system components.
E. RAP Work Orders – These work orders shall include provisions for:
1. Pre-RAP meetings/teleconferences.
2. Pilot Test Plan and Pilot Test Report submittal.
3. Optional follow-up meeting to the pre-RAP meeting.
4. RAP preparation.
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V.
RAP/RAP Mod and Remedial System Design
A. Equipment Specifications and System Design.
1. All remediation system designs shall incorporate specifications which will result in
critical components that are high quality, have excellent performance and reliability
ratings, high run times, high efficiency and effectiveness, and:
a. Have appropriate safety factors (well spacing, depths, pressures, equipment HP,
flow rate, etc.) that are specified in the RAP/RAP Mod.
b. Be capable of operation in accordance with the approved design run time and
have a life cycle (under projected operating conditions) equal to or greater than
the projected cleanup time.
c. Include minimum performance parameters for efficiency and effectiveness of the
system components.
d. Include reasonable schedules for maintenance and logistical support.
e. Enclosed, pre-assembled skid or trailer-mounted systems are encouraged. Such
systems, where appropriate, can reduce on-site installation and assembly
problems.
f. All equipment shall be provided with a manufacturer’s warranty (see Subsection
VI. B.).
g. All equipment and parts shall have a “UL” (or equivalent) public safety rating
wherever applicable. Systems that are assembled at the factory should also have
“UL” or equivalent certification for the entire system.
h. All electrical equipment and components shall be protected against power surges
or oscillations in power. All electrical equipment and components shall be
protected against lightning strikes. Wherever possible, systems should be
designed to re-start automatically once the power stabilizes. Note, if equipment is
damaged by electrical surges or drops, loss of phase or lightning strike and the
Contractor has not taken appropriate measures to protect against such damage, the
equipment shall be repaired or replaced at the Contractor’s expense. Conversely,
if such protective measures were in place and damage still occurs, the Department
may authorize additional costs for repair or replacement.
i. Provide quick delivery (within 5 business days) for major or critical components
from the manufacturer or supplier or keep critical components on-hand.
j. Minor or common spare parts should be in the Contractor’s possession or readily
attainable through local suppliers.
k. Use of unusual components that have a long lead-time for delivery should be
avoided or such critical parts kept on-hand.
l. A Repair Response Plan shall be required to insure that the Contractor has a
process in place to both monitor auto-dial alarms/telemetry and provide timely
response within 3 business days.
2. Design strategies need to compensate for our inability to accurately predict
remediation process flow distributions, contaminant mass and cleanup times.
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Remediation system designs should err on the side of over design, especially for
source area contamination. Designs for air sparging and multi-phase extraction
systems, for example, should include a safety factor of 2.0 for source area
remediation (i.e. twice as many wells or injection points in source area than the
minimum dictated by the pilot test results).
a. Design specifications for air sparge compressors, soil vapor extraction blowers,
multi-phase extraction pumps, etc. should include reasonable safety factors
providing extra capacity for efficient long-term operation.
b. Parallel or zoned systems should be considered, where appropriate, to enable the
efficient use (and potential re-use) of standard size equipment rather than
unusually large high capacity models.
3. A RAP/Remedial System Design Checklist shall be included in every RAP/RAP Mod
submittal.
4. It is important to incorporate the design parameters outlined above in the
development of the bid specifications for remedial systems. The bid response must
strictly adhere to the bid specifications in order to insure that quality equipment is
selected.
B. Cleanup Goals – These goals and scheduled time to completion are integral system
design considerations:
1. The default ultimate cleanup end point for all sites are the Cleanup Target Levels
(CTLs) in accordance with Chapter 62-770, F.A.C, unless level 1 risk management
options outlined in Rule 62-770.680, F.A.C., are used to establish alternative soil
CTL’s without the need for institutional controls or a conditional closure is to be
pursued at the site and alternate closure levels apply for groundwater or soils. These
procedures establish a protocol that will accelerate progress towards those goals. The
initial target cleanup goals for the active remedial action phase established in
accordance with this initiative are not necessarily the ultimate cleanup goals for site
closure.
2. All remedial strategies shall incorporate all of the steps that will be necessary to
achieve the initial target cleanup goals for the active remedial action phase
established during the Pre-RAP meeting (i.e., Rule 62-770.690, F.A.C., and 70% of
NADC’s or 90% reduction of the starting contaminant concentrations, whichever is
more stringent applied to all wells based on the initial determination using the highest
concentration wells) within the scheduled timeframe.
3. All RAP/RAP Mods shall establish milestones for achieving the initial target cleanup
goals for the active phase of remediation conducted in accordance with this initiative
with specific contamination levels and within specific timeframes (see Subsections V.
C. & D.).
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4. The presumptive target cleanup goal under these procedures for the initial active RA
phase of cleanup is 70% of the (NADCs) as specified in Chapter 62-777, F.A.C.,
Table V for the petroleum products’ contaminants of concern listed in Chapter 62770, F.A.C., Table A (e.g., 70 ug/L benzene or 90% reduction of the initial
contaminant levels in all wells if this would result in concentrations of less than 70%
of NADCs in wells with the highest contaminant concentrations) in addition to
meeting the natural attenuation criteria of Rule 62-770.690, F.A.C.
a. The general time frame for sites to achieve the initial target cleanup goal of 70%
of NADCs or 90% reduction, as applicable, is between one and four years for all
but the most difficult sites and shall be determined on a site-specific basis
considering the presence of free product, contaminant mass, lithological
conditions, and other site-specific factors. The specific cleanup timeframe upon
which the milestones are based shall be established and justified in the RAP or
RAP Mod and shall be approved by the applicable FDEP Team or LP.
b. Given the focus on aggressive designs and the use of equipment with high
reliability and run times, all RAPs or RAP Mods for which a cleanup timeframe
greater than four years is proposed must be reviewed by the key FDEP/LP Team
members (Site Manager, RA Specialist, Review Engineer) in accordance with the
May 21, 2003, BPSS Difficult Sites Evaluation Procedures. Based on this review
and the technical findings, a recommendation for approval, if appropriate, will be
forwarded by the BPSS/LP Team P.E. to the BPSS Chief Engineer and Geologist.
This difficult site evaluation considers phased remediation strategies and/or
alternate risk based site closure options.
c. Conversely, cleanup timeframes closer to one year should be anticipated for sites
with relatively small plumes and/or less challenging hydrogeologic conditions
that require permanent remediation systems because they are not amenable to
source removal, short term or intermittent remediation events.
d. In addition to these reductions in groundwater contamination, all free product
must be removed and all soil must meet the applicable soil cleanup target levels
(SCTLs). SCTLs are generally the direct exposure residential and applicable (i.e.
groundwater, surface water) leachability based criteria referenced in Chapter 62777, F.A.C., Table II for the petroleum products’ contaminants of concern listed
in Chapter 62-770, F.A.C., Table A (unless level 1 risk management options
outlined in Rule 62-770.680, F.A.C., are used to establish alternative soil CTL’s
without the need for institutional controls or a conditional closure is to be pursued
at the site and alternate closure levels apply for soils). Off-site contamination
must also be addressed in accordance with Rule 62-770.690, F.A.C.
5. Where there is a demonstrated risk of exposure such as contamination detected in or
migrating toward drinking water wells, discharges to surface water bodies, etc.,
Chapter 62-770, F.A.C., CTLs (i.e., the Cleanup Target Levels referenced in Chapter
62-777, F.A.C., Tables I & II for the petroleum products’ contaminants of concern
listed in Chapter 62-770, F.A.C., Table A) may be considered as the endpoint for
active remediation under this initiative on a site-specific basis.
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6. Sites with relatively low levels of contamination or small plumes should be
considered for source removal, short-term or intermittent remediation events using
mobile equipment prior to installation of a permanent system and implementation of
the RA Initiative requirements.
7. Once an O&M work order has been concluded in which the site has achieved the
natural attenuation criteria of Rule 62-770.690, F.A.C. and 70% NADCs or 90%
reduction, as applicable (or alternate goals approved in the RAP for the active
remedial action phase) the initial cleanup effort tasked by the Department to the
Contractor shall be deemed complete. At that time the Contractor, the Department
and the Owner/RP (optional) shall meet to determine if the site should continue with
active remediation.
a. Sites that have achieved the established cleanup goal for the active remediation
phase under the RA Initiative must be evaluated pursuant to Rule 62-770.690,
F.A.C., to ensure that monitored natural attenuation is an appropriate strategy to
reach site closure.
b. If the decision is to continue under active remediation the Department and the
Contractor shall establish new milestones for the achievement of CTLs.
C. Remedial Action Milestones.
1. A cleanup milestone schedule defined in terms of contaminant reduction must be
established in the RAP using the February 3, 2004, BPSS Cleanup Milestone Model.
Cleanup milestones shall be established and in accordance with the April 19, 1999,
BPSS Milestone Policy (with the exception of averaging contaminant concentrations
across multiple wells). Note that this policy dictates that the first milestone for wells
with free product shall be the removal of free product.
2. Baseline sampling for milestone measurement must be performed immediately prior
to system construction or implementation of the remedial strategy (see Subsection
VII. A., System Startup and Test Plan). Baseline data must all be from the same
sampling event. The milestone concentrations schedule shall be revised to reflect the
new starting concentrations prior to system startup if substantially different from the
concentrations presented in the RAP/RAP Mod. Any changes to the cleanup time of
the milestone schedule will require a RAP Mod approval for which no additional cost
will be authorized for the RAP Mod preparation. Milestone schedules may be reevaluated if the baseline sampling data is demonstrated to be inaccurate or not
representative of actual site conditions. The Contractor shall be compensated for
justified re-sampling using template rates where applicable.
3. Solely for the purpose of measurement of groundwater contamination reduction
milestones under this initiative, petroleum products chemicals of concern have been
subdivided into seven groups as follows:
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#
1.
2.
Group Name
Benzene
TEX
3.
Naphthalenes
4.
5.
MTBE
TRPH
6.
PAHs (I)
7.
PAHs (II)
Group Description
Benzene
Sum of the concentrations of Toluene, Ethylbenzene and
Total Xylenes
Sum of the concentrations of Naphthalene, 1methylnaphthalene and 2-methylnaphthalene
The concentration of Methyl Tert-Butyl Ether
Concentration of Total Recoverable Petroleum
Hydrocarbons
Sum of the concentrations of Benzo(a)anthracene,
Benzo(a)pyrene, Benzo(b)flouranthene,
Benzo(k)flouranthene, Dibenz(a,h)anthracene, Chrysene,
and Indeno(1,2,3-cd)pyrene that are above the applicable
CTLs.
Sum of the concentrations of all other polynuclear
aromatic hydrocarbons that are above the applicable
CTLs, excluding those included in “Naphthalenes”
above.
a. If the contaminant levels for any contaminant group are already at or below the
goals for the active phase of remediation to be conducted under this initiative,
then that group shall not be used in establishing quarterly and annual milestones.
b. Contaminant reductions are measured in individual wells and not averaged across
wells. Therefore, every key well must meet the specified quarterly and annual
milestone for every applicable contaminant group in order for the milestone to be
achieved.
c. All contaminants present must still be monitored during remediation even if those
contaminants are not utilized for the milestone cleanup progress evaluation
schedule.
d. Additional wells not identified as milestone evaluation wells may be specified for
annual sampling in the work order to verify that uniform cleanup progress is
being made in all areas of the site.
e. The milestone schedules shall be developed using the February 3, 2004, BPSS
Cleanup Milestone Model based on the linear reduction of contaminant
concentrations in quarterly increments from the current contaminant group
concentrations for each key well to the cleanup goals established for that
contaminant group for the active RA phase to be conducted under this initiative.
f. All individual contaminants must be at or below the goals for the active phase of
remediation (70% NADCs or 90% reduction of starting concentrations or
alternative goals established in the RAP/RAP Mod, whichever applies) in each
well in order to achieve the final milestone under the RA Initiative. This applies
to members of the contaminant groups that were not chosen as the indicator
parameter as well as all constituents in all groups not used to measure
achievement of milestones. It will be necessary to evaluate the ability to achieve
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this individual chemical cleanup objective in the last few quarterly reports as the
trend of contaminant reductions approaches the cleanup objectives of active
remediation for the contaminant groups.
g. All soil contamination must be at or below the applicable soil cleanup target
levels (unless level 1 risk management options outlined in Rule 62-770.680,
F.A.C., are used to establish alternative soil CTL’s without the need for
institutional controls or a conditional closure is to be pursued at the site and
alternate closure levels apply for soils) to achieve the final milestone under this
initiative.
4. Sampling for milestones must be performed under static conditions at least once
annually, preferably at the last quarterly event, to be included in the annual RA
Report. Static conditions are defined as a minimum of one week after shut down of a
mechanical or continuous chemical injection system. Additional wells that have had
historic contamination or provide plume delineation may also be selected on a sitespecific basis and sampled annually. System shut downs under this provision shall
create an exception to the system run time and performance criteria in Sections III
and XI.
5. The final milestone for the active remediation phase must be confirmed under static
conditions and require that all criteria in Rule 62-770.690, F.A.C., be met including:
a. That groundwater contaminants meet 70% of NADCs or 90% reduction or
alternate active RA phase goal established in the approved RAP/RAP Mod, as
applicable.
b. That soil contaminants meet SCTLs for soil, unless a conditional closure is to be
pursued at the site and alternate closure levels apply for soils.
c. That all free product at the site be removed.
d. That these criteria be maintained during six months of post-remediation
monitoring.
6. The FDEP also reserves the right to perform independent verification sampling at any
time with or without notice to the Contractor. In cases where prior notice is provided,
the Contractor may perform split sampling at no cost to the Department. In cases
where prior notice is not provided, a copy of the report containing the sample results
will be provided to the Contractor.
7. The timeframe for reaching cleanup milestones can be extended or reduced with
proper technical justification in accordance with the April 19, 1999, BPSS Milestone
Policy. If a more stringent final milestone for active cleanup has been approved prior
to initiation (or completion) of the six-month post-remediation monitoring period
previously established, then continuation of O&M may proceed in pursuit of the more
stringent active cleanup endpoint without (or with minimal) interruption.
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D. Cleanup Monitoring and Milestones.
1. Key wells for cleanup milestone measurements shall be established.
2. The February 3, 2004, BPSS Cleanup Milestone Model shall be used to generate a
linear decay projection to the endpoint concentrations based upon baseline
concentrations of the indicator parameters. Milestones shall be generated for each
contaminant group in each key well. This milestone schedule is the objective for the
active RA phase.
3. Milestone measurement criteria shall be the contaminant reductions in the
contaminant groups outlined in Subsection V. C. above. The cleanup goals for a site
shall be based on the contaminant reductions and timeframes established by the
model and not based on percent reduction.
4. The Contractor shall evaluate cleanup progress compared to the established cleanup
milestones in each quarterly and annual RA Report and include all information
required by the April 19, 1999, BPSS Milestone Policy (with the exception of
averaging contaminant concentrations across multiple wells), as well as graphical
representation of data using the February 3, 2004, BPSS Cleanup Milestone Model.
E. Construction and Startup Plan (see Section VII below for requirements during startup).
1. All RAP/RAP Mods shall have a Construction/Startup Plan and Schedule (including
permitting). This step insures that the contractor has established a plan and thought
through all of the issues and problems typically associated with construction and
startup.
2. The Startup Plan shall outline details for the startup testing of the remediation system
and equipment components.
3. All startup and testing procedures of equipment shall be conducted in accordance
with the manufacturer’s recommendations.
4. The Startup Plan shall provide provisions for collection of all information required by
Rule 62-770.700 (10), F.A.C., and applicable permits at the intervals specified for
inclusion in the RA Startup Report.
5. The equipment manufacturer or supplier should be present on site at sufficient times
during construction, assembly, startup and testing to insure proper installation and to
address any equipment problems. Reasonable costs for equipment reps, including
travel, are authorized and may be included in the equipment supplier or manufacturer
bids for lease or purchase, but must be listed and approved separately.
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F. System Maintenance, Monitoring and Reporting.
1. All RAP/RAP Mods shall address system maintenance and include:
a. Plans for preventative and routine maintenance of all system components.
b. Provisions that all system components be installed, protected and maintained in
accordance with the requirements of the manufacturer’s warranty. For example,
equipment not designed to be exposed to the elements should be covered or
housed in a trailer or building.
c. Provisions that a site-specific System Specifications and Operations Manual will
be provided with the RA Startup Report that includes a summary of all equipment
components and specifications, a copy of all equipment warranties, a copy of all
equipment manufacturer’s recommended maintenance requirements, and a
comprehensive Preventative Maintenance Checklist covering all system
components. A separate copy of this manual shall be kept on-site for reference by
the Contractor and FDEP/LP staff.
d. Provisions that all preventative maintenance activities will be documented each
month, with dates performed, on a copy of the Preventative Maintenance
Checklist discussed above.
2. All RAP/RAP Mods shall address system monitoring and include requirements for:
a. Hour meters on key components representative of the run time for each
remediation process.
b. System performance measurement devices.
c. Critical fail-safe/interlock mechanisms.
d. Totalizing flow meters for groundwater recovery.
e. Auto-dial malfunction alarms for all critical components.
f. Telemetry for remedial systems will be approved on a site-specific basis with
logistical merits.
g. The purpose of this enhanced monitoring, including auto-dial and telemetry, is to
distinguish between a system that is running and one that is performing, to insure
that running systems are converted to performing systems, and to insure that
Contractors know when system or component failures occur and to respond
promptly.
h. The Contractor shall identify “critical components” in design so that repair/spare
parts and auto-dial alarms can be properly planned for.
3. All RAP/RAP Mods shall address RA phase reporting. Each submittal (startup,
quarterly, and annual) shall include but not necessarily be limited to, electronic and
paper copies of the BPSS RA Summary Report in the standard format specified in
Attachment A of the RA Initiative. Each RA Report shall include the following
information, as applicable:
a. Identification of the Site (name, address, FDEP Facility ID#), Work Order # (or
Task Assignment #), Contractor, Project Manager, Site Manager and Team or LP.
b. Site assessment highlights.
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c. Description of each treatment process subsystem (i.e. AS, SVE, P&T, MPX),
including the equipment manufacturer, equipment supplier, specifications and
capacities, serial numbers, recovery/treatment points, screen intervals, purchase or
lease cost, and warranty.
d. Summary of key well milestone status by quarter (% of schedule value achieved).
e. Evaluation of system run time for each treatment process by quarter.
f. Estimated contaminant plume size annually.
g. Summary of equipment performance including repair, replacement, warranty
status, and dates and hours used for each event.
h. Milestone evaluation including analytical data for each key well and sample event
(the February 3, 2004, BPSS Cleanup Milestone Model includes data tables and
graphing functions to assist in this evaluation).
i. System performance parameter summaries for each applicable treatment process
(i.e. GW, AS/SVE, MPX), including manifold and treatment/recovery points, etc.
j. Remote sensing data from telemetry or auto-dial alarm systems, including dates,
data received, operation check, responses and response times.
k. Summary of responses to system shutdowns or malfunctions, including actions
taken and response times.
l. Copies of completed Preventative Maintenance Checklists for all manufacturer’s
recommended maintenance performed and a summary of all equipment repairs
and replacements.
m. Summary of manufacturer/supplier warranty performance (was warranty honored,
what was timeframe to resolve warranty claims and turn around on repair
/replacement).
n. Summary of manufacturer/supplier non-warranty performance (satisfactory
technical support, reasonable turn around time for repairs or parts).
VI.
Remedial Equipment Considerations
A. Lease vs. Purchase of Remediation Equipment
Prior to procuring equipment, a cost benefit analysis should be performed to determine
whether leasing of the remediation equipment will be more cost effective overall than
purchase considering the proposed milestone schedule and length of use for each
particular equipment component, as well as mobilization and setup. This analysis shall
be included in the Contractor’s proposal for RA Construction.
1. The following criteria shall apply to equipment lease:
a. All costs for extended warranties, service agreements or operation and
maintenance agreements that may be provided by the equipment lease vendor
shall be clearly segregated to allow a consistent cost comparison.
b. All costs for maintenance, service, repair or replacement of leased equipment
shall be the responsibility of the Contractor. Such expenses are covered by the
equipment lease rate or by the O&M Template Package outlined in Section VIII
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c.
d.
e.
f.
g.
h.
of this initiative, no additional compensation shall be authorized. However,
Contractor mobilization (with no additional oversight) for major repair or
replacement is authorized where necessary outside of regularly scheduled O&M
visits.
For the purpose of the cost benefit analysis, the cumulative lease cost (excluding
supplemental service, maintenance or O&M agreements) shall be assumed not to
exceed 115% of the cost to purchase equivalent equipment for the entire predicted
duration of the active phase of cleanup established in the milestone schedule.
For the actual equipment lease, the cumulative lease payments to a subcontracted
vendor (excluding supplemental service, maintenance or O&M agreements) may
exceed 115% of the cost to purchase equivalent equipment for necessary and
approved use beyond the projected duration (timeframe) of active cleanup
established in the original milestone schedule, provided no lease to purchase
transaction takes place.
For the actual equipment lease, cumulative lease payments to a Contractor for inhouse equipment owned by the Contractor shall not exceed 115% of the cost to
purchase equivalent equipment for the entire duration (timeframe) of the active
phase of cleanup required to reach the ultimate cleanup endpoint (SRCO or SRCO
with Conditions).
Lease to purchase agreements between the Contractor and vendor may be utilized
if the Department is notified of all such transactions and the equipment is not
removed from the site by the Contractor prior to the ultimate cleanup endpoint
(SRCO or SRCO with conditions) without the Department’s written consent.
If leased equipment is acquired through a lease to purchase transaction at any
time, the maximum cumulative lease cost for the entire period required to reach
the ultimate cleanup endpoint at the site shall not exceed 115% of the cost to
purchase equivalent equipment. It is the Contractor’s responsibility to disclose all
such lease to purchase transactions and to refund any lease payments it may have
received in excess of the 115% limit for use at that site.
All equipment leases shall be subject to the BPSS subcontractor bidding
procedures.
2. The following criteria shall apply to equipment purchase:
a. All cost for extended warranties, service agreements or operation and
maintenance agreements that may be provided by the equipment vendor shall be
clearly segregated to allow a consistent cost comparison.
b. All costs for maintenance and minor service or repair of purchased equipment,
including mobilization, shall be covered by the O&M Template Package and no
additional compensation shall be authorized.
c. Costs for repair or replacement of purchased equipment while covered under the
manufacturers’ warranty period shall be the responsibility of the Contractor. The
warranty or the O&M Template covers such expenses; no additional
compensation shall be authorized. However, Contractor mobilization (with no
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additional oversight), where necessary for major or replacement outside of
regularly scheduled O&M visits is authorized.
d. Costs for major repair or replacement of purchased equipment outside of the
manufacturer’s warranty period, including mobilization where necessary outside
of regularly scheduled O&M visits, are authorized in addition to the O&M
Template Package.
e. All equipment purchases shall be subject to the BPSS subcontractor bidding
procedures.
B. Equipment Warranties
All remediation systems shall be required to include a manufacturer’s warranty and
specific maintenance requirements and schedule to insure a valid warranty.
1. A specific warranty period for remediation equipment is not dictated by this
requirement, only that a warranty shall be provided. The expectation is for such
warranties to be consistent with industry norms, which may vary depending on the
type of equipment. The warranties are expected to cover the assembly if multiple
components of a system are assembled by the manufacturer or equipment vendor.
There is no requirement that equipment warranties span the estimated cleanup time
frame and such requirements included in bid specifications by Contractors shall not
be grounds to justify unreasonable equipment prices.
a. Equipment assemblies (e.g., enclosed/skid or trailer-mounted systems) shall be
warranted by the manufacturer that the assembly itself is correct. Repair or
replacement necessitated due to improper assembly or incorrect alignment of
components shall be performed at no additional cost to the FDEP.
b. Service plans or extended warranties should not be included in the equipment
warranty or as part of the equipment price. Such pricing shall be listed separately.
2. Used equipment provided from the FDEP’s inventory shall be warranted by the
FDEP. If proper maintenance has been performed while under the Contractor’s care,
the FDEP will pay for equipment repair or replacement (Department may opt to lease
in lieu of purchase) during the period of operation, including Contractor mobilization
and labor to perform the repair or replacement. The BPSS Equipment Management
Contractor will provide assistance in establishing proper maintenance schedules if the
original manufacturer’s schedules are not available.
C. General Equipment Considerations
1. Repair or replacement of equipment (purchase or lease) resulting from improper
maintenance or operation that is not in accordance with the manufacturer’s
recommendations will be at the Contractor’s expense and may also be a basis for
removal of a Contractor from the site (see Section XI and XII). It is incumbent on the
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Contractor to document proper maintenance using the comprehensive Preventative
Maintenance Checklist outlined in Subsection V. F.
2. Actions and costs to address shut down or damage caused by vandalism (documented
in a police report) or natural events such as lightning, hurricanes, tornadoes, floods and
deep freezes shall be conducted at the expense of the Contractor if appropriate and
reasonable precautions against such events were not implemented. Appropriate
precautions shall include protection of equipment from the elements, securing
equipment and enclosures against public access and high winds, protection of
exposed piping and equipment against freeze, and protection against lightning strikes
such as lightning rods and surge protectors.
3. Response actions and minor repairs to address and re-start systems shut down or
damaged due to power surges, power drops, loss of phase or oscillations in power
shall be covered by the O&M Template Package monthly allowance. Wherever
possible, systems should be designed to re-start automatically once the power
stabilizes. Major repairs and/or equipment replacement may be authorized for
additional cost only if the Contractor has taken appropriate measures to prevent or
protect against such damage. Failure to take appropriate precautions shall result in
repair or replacement of damaged equipment at the Contractor’s expense.
VII.
Construction and Startup
A. Remedial System Startup and Testing – These activities shall be conducted in accordance
with corresponding plans outlined in the approved RAP/RAP Mod and Subsection V. E.
of the RA Initiative. The following specific requirements shall apply during the startup
test:
1. A planned duration of three days for typical systems and up to one week for large/
complex systems. Longer testing periods may be approved with justification on a
site-specific basis.
2. If current (within 30 days) groundwater sample results are not available, conduct
baseline groundwater sampling, under static conditions (prior to starting up the
system), from a representative number of previously contaminated wells, as identified
in the approved RAP/RAP Mod.
3. Record operating parameters for the system, daily for the first three days and at the
end of the week. Applicable operating parameters (e.g., wellhead vacuum, injection
pressure, groundwater extraction flow, etc.) shall also be recorded for each extraction/
injection point.
4. Collect daily effluent samples from the groundwater treatment systems and influent
samples from individual groundwater recovery wells for the first three days of
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operation. Note, in the case of multiphase extraction it is not possible to collect a
groundwater samples from the individual recovery well. Such samples shall be taken
at the first opportunity following separation of the commingled media.
5. For sites with groundwater treatment systems, record water level data and other
applicable measurements that can verify radius of influence (e.g., dissolved oxygen
for air sparging systems, etc.) from a representative number of monitoring wells (as
specified in the approved RAP/RAP Mod) daily for the first three days of operation
and at the end of the week.
6. For systems with soil vapor extraction systems, collect influent vapor samples from
the treatment system and post-treatment air emissions (as applicable) once during the
first week of operation (Daily sample collection for the first three days of operation
may be appropriate in the instance of use of activated carbon for air emissions
treatment and there is a possibility of breakthrough in the first few days of operation,
or if daily results will benefit adjustments to the system during the first few days of
startup). For thermal and catalytic units, temperature readings shall also be provided
to determine the destruction efficiency, if obtaining effluent samples is not feasible
due to temperature constraints.
7. Record concentrations of recovered vapors from individual extraction wells using an
organic vapor analyzer with a flame ionization detector, or another appropriate field
detection device, daily for the first three days of operation and at the end of the first
week.
8. Obtain vacuum readings from observation points for soil vapor extraction systems,
daily for the first three days of operation and at the end of the first week.
9. A 24-hour turnaround time for analytical results is required for all system’s samples
(not monitoring well samples) collected during the first three days of operation.
10. Obtain field screening data (i.e., using an organic vapor analysis instrument) from
buildings and confined spaces that may be of a concern for vapor build-up or short
circuiting (e.g., drainage structures, etc.) during the first three days of operation.
11. Record the groundwater/product recovery ratio, when free product recovery systems
are involved, daily for the first three days of operation and at the end of the first
week.
12. Adjustments and/or modifications to the system should be made as necessary to
achieve design performance specifications. Optimum observed performance should
be recorded as baseline for measuring future system performance.
13. Test, if feasible, all critical fail-safe/interlock mechanisms for proper function.
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14. Repair mechanical failures or leaks in equipment, piping, connections, etc.
B. Dynamic Management - During startup, Contractor and FDEP personnel shall strive to
interact and address problems as they arise to insure proper operation of the remediation
system.
1. Qualified Contractor personnel with technical expertise are required to be on site,
including an experienced Engineer for the first three days.
2. Key BPSS/LP personnel (i.e., Site Manager, RA Specialist, Review Engineer) shall
be either on-site or readily available by phone, fax. e-mail, etc.
3. Data and information pertaining to baseline sampling and analysis, system startup
performance, repairs, adjustments and modifications should be recorded and
submitted as soon as available by e-mail, fax, etc., to the FDEP/LP key personnel.
C. RA Startup Report – This report shall be submitted to the BPSS/LP within 30 days of
conducting the startup test and must contain all measurements and data from startup,
including the baseline sampling results and documentation of all adjustments or
modifications made to the system, as outlined below:
1. A tabulated summary of all system performance data and monitoring results.
2. Site diagrams (drawn to scale, with a graphical representation of the scale and the
North direction) depicting the following:
a. The contaminant plume for each impacted medium with concentration contours
showing the most recent sampling results.
b. The operational parameters (i.e., dissolved oxygen, groundwater elevation,
vacuum pressure, etc.) plotted per impacted medium to verify the effectiveness of
the system (e.g., radius of influence, etc.).
3. A discussion on the interpretation of all data (providing the methodology used to
evaluate the effectiveness of the remedial system) and any conclusions or
recommendations.
4. If applicable, provide documentation, discussion and recommendations pertaining to
mechanical failures, required repairs or modifications.
VIII. O&M Template Package Cost
A. O&M Template Package Options - The O&M Template Package is a monthly allowance
designed to cover all of the costs to operate and maintain the remedial system after
construction and startup through achievement of the established goals for the active phase
of remediation. There are three template choices based on the size and complexity of the
remediation system in the approved RAP/RAP Mod with a supplemental option for those
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sites utilizing catalytic or thermal oxidizers for off-gas treatment during the initial period
of treatment. The appropriate size O&M Template Package will be determined on a sitespecific basis using the following general criteria:
Note, in the event that extenuating site specific considerations or unusual remediation
system configurations result in uncertainty regarding the correct size of system to select,
the Site Manager’s supervisor is authorized to approve the next larger size. Also, air
sparging and vacuum extraction are considered separate technologies, as are multi-phase
recovery systems if there are multiple technologies utilized to treat separate waste
streams such as groundwater and air.
1. Small Systems are those using 1 to 2 remediation technologies with less than 10
treatment/recovery points.
2. Medium System are those using 1 to 2 remediation technologies with 10 to 20
treatment/recovery points or 3 remediation technologies with 20 or less
treatment/recovery points. Most systems will fall into this category.
3. Large Systems are those using 2 or more remediation technologies with more than 20
treatment/recovery points.
<10
Treat/Recovery Points
10 - 20 Treat/Recovery Points
>20
Treat/Recovery Points
1 Technology
Small
Medium
Medium
2 Technologies
Small
Medium
Large
3 Technologies
Medium
Medium
Large
B. Costs Covered by O&M Template – costs and activities covered by the O&M Template
Package include but are not limited to:
1. Routine system operation and evaluation (This list is for example only and not
intended to be all inclusive):
a. System and treatment/recovery point performance parameter data collection
(pressure, vacuum, flow rates, temperatures, etc.).
b. System related sampling of water and air streams including all recovery and
treatment points.
c. Adjustments to flow rate, pressure, vacuum, RPM, fail-safe/interlock settings.
d. Equipment and sensor calibration.
e. Recovery/treatment well water or product level measurements.
2. Routine preventative maintenance (This list is for example only and not intended to
be all inclusive):
a. Air compressor maintenance, including oil changes, vane wear measurements and
routine vane replacement that does not require complete disassembly.
b. Sparge/SVE blower maintenance.
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c.
d.
e.
f.
g.
h.
i.
j.
k.
Pump maintenance and cleaning (surface and submersible).
Tray stripper cleaning.
Heat exchanger cleaning.
Filter cleaning or replacement.
Pump/compressor oil changes.
Cleaning and calibration of sensors, meters and gauges.
Function checks of fail-safe/interlock mechanisms.
Verification/replacement of safety guards and screens.
Compound maintenance, weed control and general housekeeping.
3. Minor repairs (This list is for example only and not intended to be all inclusive):
a. Repair or replacement of cracked or damaged pipes or hoses.
b. Replacement of small parts such as valves, gauges, switches, belts, etc.
c. Replacement of compressor/pump drive belts and couplings.
d. Repair and painting of fences, gates, enclosures and compound covers.
4. Major repair or replacement of purchased equipment while covered under the
manufacturer’s warranty or of leased equipment at any time. However, Contractor
mobilizations and oversight are authorized where appropriate to facilitate such repair
or replacement outside of regular scheduled O&M visits.
5. Trouble-shooting visits to diagnose system shut downs or malfunctions, make minor
repairs and re-start systems.
6. Contractor oversight.
7. Mobilizations, parts, supplies, tools, and labor for above.
8. Minor RAP modification report preparation. Examples of minor RAP modifications
include, revisions to the milestone schedule, equivalent equipment replacements or
minor equipment changes not affecting the cleanup strategy, removal of off-gas
treatment when no longer required, removal of treated ground water polishing when
no longer required, etc.
C. Costs Not Covered by O&M Template – costs and activities not covered by the O&M
Template Package include but are not limited to:
1. Monitoring well sampling and water or product level measurements (excluding
treatment/recovery points).
2. Laboratory analytical testing of all system and monitoring well samples.
3. Major repairs or modifications of purchased equipment outside the warranty or
warranty period (This list is for example only and not intended to be all inclusive):
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a. Blower vane replacement requiring complete disassembly (i.e., cleanout of
shattered vane fragments).
b. Oil seal replacement requiring dismantling of equipment.
c. Additional system components such as carbon polishing, off-gas treatment, etc.
4. Major replacement of purchased equipment outside the warranty or warranty period
(This list is for example only and not intended to be all inclusive):
a. Replacement of large system components such as blowers, compressors, liquid
ring pumps, submersible pumps, air/water and oil/water separators, etc.
b. Replacement of air stripping tower packing.
c. Replacement of carbon vessels or carbon change out of same.
5. Contractor mobilization and oversight for major repair or replacement of purchased
or leased equipment if required independent of scheduled O&M visits, even if the
actual repair or replacement was covered by the warranty or lease agreement.
6. Utilities including electricity, propane and sewer.
7. Remedial action reports, including startup, quarterly and annual.
8. Actions and costs to address shut down, malfunction or damage caused by natural
events such as lightning, hurricanes, tornadoes, floods and deep freezes if the Contractor
has taken reasonable and cost-appropriate precautions against such events.
Appropriate precautions shall include protection of equipment from the elements,
securing equipment and enclosures against high winds, protection of exposed piping
and equipment against freeze, and protection against lightning strikes.
9. Any necessary repair or replacement of equipment that is determined to be the result
of a failure to either perform preventative maintenance or to operate the equipment in
accordance with the manufacturer’s recommendations or the approved RAP/RAP
Mod will be the responsibility of the Contractor.
10. Major RAP modification report preparation.
D. O&M Template Reference Table:
Reference Table for O&M Template Package Allowance
All necessary O&M visits and response to system shutdowns and
malfunctions, including mobilizations
All system related sampling and performance parameter data collection
including recovery well sampling, water or product level measurements,
treatment point vacuum and pressure measurements, flow rates, etc.
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Included in
Monthly
Allowance
Yes
Yes
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Monitoring well sampling and water level measurements
All laboratory analytical costs
All preventative and routine maintenance in accordance with the
manufacturer’s recommendations/warranty and approved RAP/RAP Mod
and completion of the Preventative Maintenance Checklist
All routine supplies including filters, cleaning chemicals and lubricants
Major exhaustible supplies including carbon change outs, stripper tower
packing change outs, process chemical feedstock, etc.
Major repairs/replacement of purchased equipment, including major
components out of warranty, blower vane replacements, motor rebuild, etc.
Minor or major repairs or replacement of leased equipment
Mobilization and oversight for major equipment repairs or replacement (in
or out of warranty, purchased or leased) if necessary outside of the
scheduled O&M visit
All operation costs including miscellaneous costs such as telephone service
(for telemetry) and permit fees not already paid by the FDEP
Utility costs including electric, sewer and propane fuel for thermal oxidizers
Minor repairs/replacement of fittings, switches, valves, gauges, meters,
hoses, etc. (parts and labor)
Recovered product disposal
System shut down at end of active remediation
Minor RAP Mod report preparation
Major RAP Mod report preparation
Remediation equipment lease payments
No
No
Yes
Yes
No
No
Yes
No
Yes
No
Yes
No
Yes
Yes
No
No
E. O&M Template Monthly Allowances – The O&M template package monthly allowances
for the different remediation system categories shall be the same for all years.
IX.
1. Small System:
$2,776.92/month
($33,323.04/year)
2. Medium System:
$3,254.33/month
($39,051.96/year)
3. Large System:
$3,831.74/month
($45,980.88/year)
4. Supplemental Allowance for
Therm/Cat-Ox Off-Gas Units
$476.03/month
(only for months actually used)
O&M Process
A. O&M Work Orders.
1. O&M work orders to implement the RAP/RAP Mod shall be prepared in accordance
with the RA Initiative, issued for one year (in most cases unless subject to 18 month
FCO budget cutoff) and incorporate by reference “all applicable criteria included in
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the RA Initiative.” The milestone schedules for the key wells shall be a listed
attachment to the O&M work order. The Contractor and the FDEP/LP Site Manager
shall strive to maintain continuous operation of performing remediation systems by
beginning the process of O&M proposal submittal and review 60 days prior to the
expiration of the existing work order. If continued operation is warranted, the
subsequent O&M work order should be issued prior to that expiration date.
2. O&M work orders for sites with active remedial systems shall utilize the applicable
O&M Template Package for all routine operation, maintenance, trouble shooting,
minor repairs and associated mobilizations as outlined in Section VIII.
B. Exemption From RA Initiative - The RA Initiative and O&M Template Package do not
apply to sites where:
1. Excavation, bio-injection or chemical injection is the selected remedial strategy
unless that strategy also includes some sort of mechanical system either as part of the
strategy or in addition to it.
2. Soil is only medium requiring cleanup.
3. Source removal, short-term or intermittent remedial actions using mobile equipment
has been approved for relatively low levels of contamination or where contamination
is limited to the immediate source area and might be expected to effectively attenuate
following the limited treatment or removal.
C. Contractor Diligence – Contractors shall diligently pursue the established cleanup
milestones by adhering to the performance criteria outlined in Section III.
D. Changes to Cleanup Milestones - Changes to the established cleanup milestones can be
approved with justification (see April 19, 1999, BPSS Milestone guidance). However, all
milestone changes must be addressed in a RAP Mod with FDEP/LP P.E. approval.
E. Initial Notice of Contractor Performance Problems – When problems or deficiencies in
Contractor performance are identified by the FDEP/LP, an initial notice outlining the
specific issues of the concern should be sent to the Contractor and to the Owner/RP so
that they are made of aware of the concerns early in the process and afforded the
opportunity to remedy. If the FDEP/LP Site Manager, RA Specialist and Section
Manager concur, an initial notice should be sent to the Contractor and the Owner/RP
using the form letter in Attachment F. Contractor performance shall continue to be
monitored for at least one additional quarter of O&M after issuance of the initial notice.
If the performance problems are not adequately addressed during this period, the
FDEP/LP may initiate the formal Contractor removal process outlined in Sections XI and
XII of the RAI, which may result in selection of another Contractor by the Department.
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X.
Post-Active RA Monitoring
A. Monitoring - All designated wells shall be monitored in accordance with Rule 62770.750, F.A.C.
B. Evaluation and Action – The progress of the monitoring program shall be evaluated and
action taken as necessary and justified to insure completion of the cleanup, including:
1. Switching back to active remedial action.
2. Continuing with natural attenuation monitoring until CTLs are achieved.
3. Implementing short term or intermittent treatment events.
4. Implementing polishing treatment.
5. Changing the ultimate cleanup objectives to “No Further Action with Conditions.”
C. Payment – costs and activities during the post-active RA monitoring phase shall be based
on standard Preapproval work orders. The O&M Template Package Cost does not apply
to the monitoring only phase.
XI.
Contractor Non-Performance Determination
Pursuant to Section 376.30711(5)(e), F.S., if a Contractor fails to perform its contractual duties
to the satisfaction of the Department, the Department shall terminate the Contractor’s eligibility
for participation in the Petroleum Cleanup Preapproval Program. This RA Initiative, however,
contains the requirements and procedures for removing a Contractor as the designated Contractor
of Record from a specific site. These same performance criteria, however, will also be part of
the Department’s analysis of a Contractor’s performance if termination of his or her eligibility
for participation in the Petroleum Cleanup Preapproval Program is being evaluated.
A Contractor who fails to perform in accordance with the requirements of Chapter 62-770,
F.A.C., the Preapproval Program Standard Operating Procedures, the Preapproval Work Order
and particularly the performance criteria outlined in Sections III and XI of the RA Initiative may
be removed as the designated Contractor of Record from a specific site. The Department shall
consider the achievement of cleanup milestones in any final decisions regarding removal of a
Contractor from a site. In a scenario where the nature and/or degree of non-performance is not
severe, the benefit may be given to those Contractors that have achieved or exceeded the cleanup
milestones in spite of the other shortfalls. Consequently, it is incumbent upon the Contractor to
insure that the remedial system is operating in accordance with the RA Initiative requirements, to
promptly implement corrective action where necessary, and to keep the FDEP/LP Site Manager
informed about the status of the remediation system.
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If the Contractor believes that specific conditions beyond their control have caused or
significantly contributed to its failure to meet any of these performance requirements, they may
submit detailed supporting documentation to that effect and the Department shall consider such
documentation in any decisions regarding Contractor non-performance. Such conditions may
include but not be limited to, Department imposed limitations or requirements, natural events,
and actions by other parties.
Determinations of Contractor non-performance that may result in the Contractor being removed
from a site are separated into primary and secondary categories:
A. Primary Issues - Documented instances of one or more of the following primary nonperformance criteria may be the basis for removal of a Contractor from a site without
demonstration of repetitive or chronic occurrence:
1. Average remediation system run times in two consecutive quarters of less than 80%
of the design run time approved in the RAP or RAP Mod for any of the major
treatment processes or an average run time of less than 80% for an entire year. This
run time criteria shall not apply to the first quarter of system operation following
construction and startup.
2. Average monthly remediation system performance in two consecutive quarters of less
than 80% of the design capacity approved in the RAP or RAP Mod or the optimum
capacity observed during startup, whichever is less, for any of the major treatment
processes at the point of recovery or treatment, including flow rates, vacuum
pressures, injection pressures, etc. However, exceptions shall be considered where, in
the interest of dynamic site management, the Contractor intentionally modifies flow
rates or pressures to or from individual recovery wells or treatment points during the
course of the cleanup to optimize the system effectiveness. Such intentional changes
in individual well flow rates must be reported to the Department with detailed
explanation and justification at the time of implementation as well as in the next
quarterly or annual RA Report. Any such changes that would exceed the + 20% limit
shall require notification to the BPSS/LP Site Manager prior to implementation, at
which time a site-specific decision will be made regarding the necessity for a RAP
Mod.
3. Failure to include a detailed evaluation of cleanup progress compared to established
milestones in each quarterly and annual RA Report including all required information
outlined in the April 19, 1999, BPSS Milestone Procedures (with the exception of
averaging contaminant concentrations across multiple wells).
4. Failure to achieve the established cleanup milestone goals for each applicable
contaminant group in all key wells by the last sampling event included in each annual
RA Report without detailed documentation of the Contractor’s efforts to achieve the
cleanup goals in that annual RA Report and all applicable prior RA Reports.
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Documentation of Contractor effort shall include detailed explanations of the
problem, evaluation of why the problem is (or has) occurred, reasonable actions
already taken to correct the problem, and reasonable proposals for future corrective
actions that, if appropriate and justified, may include modifications to the approved
remedial system and/or strategy. See the Department’s April 19, 1999 “Procedures
to Establish Milestones and Conduct Remediation Progress Evaluation” for the
specific content for the annual RA Report when milestones have not been achieved.
5. Misrepresentation of any data or information in any RA Report or correspondence
submitted to the Department or LP.
6. Failure to cooperate in a timely manner with reasonable requests from FDEP/LP staff
to coordinate site visits for inspection, obtain access to remedial system compounds,
buildings and recovery/treatment wells/vaults, review maintenance, repair and
warranty records and field notes, or demonstrate operation of equipment, including
measurement, monitoring, auto-dial alarms, telemetry, and critical fail-safe/interlock
devices.
7. Failure to report any equipment lease to purchase transaction to the Department or
removal of equipment that has been acquired by the Contractor through a lease to
purchase transaction prior to the ultimate cleanup endpoint without the Department’s
written consent.
B. Secondary Issues - Documented repetitive or chronic instances of one or more of the
following secondary non-performance criteria may be the basis for removal of a
Contractor:
1. Failure to perform the preventative maintenance requirements recommended by the
equipment manufacturer or failure to document such activities using the
comprehensive Preventative Maintenance Checklist referenced in Subsection V. G.
2. Failure to repair or replace non-functioning system performance measurement and
critical fail-safe/interlock devices within 3 business days of discovery or notification
by the FDEP/LP. Extension of this timeframe may be granted on a case-by-case basis
if justified due to extenuating circumstances and approved by the Site Manager’s
supervisor.
3. Failure to detect system shutdowns or malfunctions within 3 business days of
occurrence.
4. Failure to respond to system shutdowns or malfunctions within 3 business days of
discovery or notification by the FDEP/LP, including evaluation of the problem, minor
repairs and re-start (if possible). Extension of this timeframe may be granted on a
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case-by-case basis if justified due to extenuating circumstances and approved by the
Site Manager’s supervisor.
5. Failure to perform major repairs or system component replacement within one week
of the close of the 3 business day initial response period provided replacement
equipment is available. If the equipment is not readily available or decisions
regarding warranty coverage cannot be finalized, the Contractor shall have provided
the Department/LP Site Manager with an acceptable replacement schedule within this
timeframe, including copies of all correspondence with the equipment manufacturer
or vendor. Extensions of this timeframe may be granted on a case-by-case basis if
justified due to extenuating circumstances and approved by the Site Manager’s
supervisor.
6. Failure to report to the FDEP/LP Site Manager within the following time frames:
a. System shutdowns or malfunctions within 2 business days of discovery or
notification by a representative of the FDEP/LP other than the Site Manager.
b. Initial response actions and evaluation of the cause of the shutdown or
malfunction within 2 business days of the response.
c. Major repairs or replacements within 2 business days of completion.
7. Submittal of quarterly or annual RA Reports more than 30 days past the deliverable
due date established in the work order or verbal change order.
8. Failure to include electronic and paper copies of the BPSS RA Summary Report in
the standard format specified in Attachment A of the RA Initiative with each RA
Report submittal (startup, quarterly and annual).
9. Omission of required data or information in any RA Report or correspondence
submitted to the Department or LP.
10. Failure to respond to RA Report comments or requests for information by the
FDEP/LP Site Manager, RA Specialist or O&M Inspector within 30 days or by the
due date otherwise specified, as applicable.
XII. Contractor Removal Procedure
A. Contractor Removal Process - All recommendations by FDEP/LP staff to remove a
Contractor are subject to review by the RAI Review Committee and approval by the
Chief of the BPSS (Bureau Chief) and shall comply with the following procedure:
1. If the Contractor performance problems have not been adequately resolved following
the “Initial Notice of Contractor Problems” outlined in Section IX. E. of the RAI, and
if the FDEP Site Manager, RA Specialist and Section Manager concur, a Contractor
Non-Performance Summary Form (Attachment B of the RAI) shall be completed
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with applicable backup documentation and forwarded to their Team Leader. For LPs,
the corresponding staff shall complete the form and route to the BPSS Team Two
Leader through their local Contract Manager and FDEP Contract Manager. It is very
important that the backup documentation include copies of all correspondence
between the Contractor and the Department or Local Program that is directly related
to the non-performance issues, including letters, e-mails and phone logs.
2. The Team Leader shall initial the form if they concur with the recommendation and
forward the original and six copies of the package to the Bureau Chief’s Office. The
Bureau Chief’s Office shall log in the package and forward copies to each member of
the RAI Review Committee. The RAI Review Committee shall be comprised of the
six BPSS Cleanup Team Leaders (or their temporary designee).
3. The RAI Review Committee shall review and discuss the issues and supporting
documentation and provide their recommendations and comments to the Bureau
Chief. The Team Leader for the team from which the determination of nonperformance originated shall indicate the recommendation and comments of the
Committee on the Contractor Non-Performance Summary Form and forward a copy
to the Bureau Chief for review.
4. If removal of the Contractor is recommended by the RAI Review Committee and the
Bureau Chief concurs, the Team Leader (or his or her designee) for the team from
which the determination of non-performance originated shall prepare for signature by
the Bureau Chief a formal Non-Performance Notice to the Contractor (Attachment C
of the RAI). This notice shall specify the performance deficiencies, the Department’s
intent to cancel further work at the site and remove the Contractor as the Preapproval
Contractor of Record, and include a deadline of 10 working days from the date of
receipt for remedy and receipt of the Contractor’s response. The Bureau Chief’s
Office shall send the notice by certified U.S. mail or Federal Express with a copy to
the Owner/RP and the applicable Team Leader and track the status of the response
and deadline.
5. Upon receipt of the Contractor’s response or expiration of the response deadline, the
Bureau Chief’s Office shall immediately forward a copy of the response or
notification that a response was not received, as applicable, to each member of the
RAI Review Committee. The RAI Review Committee shall review the response and
advise the Bureau Chief of their recommendation and comments within 5 working
days. The Team Leader for the team from which the determination of nonperformance originated shall indicate the recommendation and comments of the
Committee on the Contractor Non-Performance Summary Form and forward a copy
to the Bureau Chief for review.
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6. The Bureau Chief shall render a final decision regarding removal of the Contractor
and notification of the decision shall be sent to the Contractor within 10 working days
of the date the Contractor’s response was first received or the close of the
Contractor’s response deadline if no response was received, as applicable.
B. Final Decision Notification Procedure
1. If the final decision is to remove the Contractor, the Team Leader (or his or her
designee) for the team from which the determination of non-performance originated
shall prepare for signature by the Bureau Chief a Final Decision Notice with the
Contractor removal, work order cancellation, and retainage forfeiture option
(Attachment D of the RAI) and an Owner/RP Notice (Attachment E of the RAI). The
Bureau Chief’s Office shall send these letters by certified U.S. mail or Federal
Express within the 10 working day timeframe referenced in Section A.5. above, and
copy the Owner/RP(s), the Team Leader, and the original preparer of the Contractor
Non-Performance Summary Form.
2. The Department shall select the Contractor for continuation of cleanup at sites where
the Contractor has been removed by the Department due to non-performance unless
an approvable contractor designation form (CDF) to switch cleanup contractors had
already been submitted by the Owner/RP prior to receipt of the Contractor NonPerformance Summary Form by the Bureau Chief’s Office.
3. If the final decision is not to remove the Contractor, the result may or may not include
a recommendation to issue a written warning to the Contractor for the nonperformance issues with or without other consequences. The Team Leader (or his or
her designee) for the team from which the determination of non-performance
originated shall prepare for signature by the Bureau Chief a Final Decision Notice
with or without the Contractor warning option, as applicable (Attachment D of the
RAI). The Bureau Chief’s Office shall send the letters by certified U.S. mail or
Federal Express within the 10 working day timeframe referenced in Section A.5.
above, and copy the Owner/RP, the Team Leader, and the original preparer of the
Contractor Non-Performance Summary Form.
4. Following issuance of the Final Decision Letter, regardless of the outcome, the Team
Leader (or his or her designee) shall forward a copy of the complete package,
including the non-performance summary form with backup, the Contractor’s response
and all notification letters to the BPSS site file.
C. Incomplete Work Orders – Any work orders in progress that have not been completed at
the time of notification of Contractor removal shall be subject to change order to back out
the costs for the uncompleted work, including forfeited retainage. In the event a PUC
contract applies in lieu of retainage, the PUC procedures for forfeiture of retainage shall
apply.
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