Whether or not an installation is operating under a currently valid Department permit, the Department has the authority to order the installation owner to take corrective action under the following circumstances:

1. (1) When the installation is discharging into the ground water in a manner that represents an imminent hazard to public health, the Department shall require the installation owner to take immediate action to remove or reduce the hazard in such a way as to prevent any threat to the public health and the environment. Such action includes clean up of the aquifer, halting the discharge, or confinement or containment of the water plume.

2. (2) When no imminent hazard exists, but the plume has extended beyond the zone of discharge or otherwise threatens or is likely to threaten in the foreseeable future to impair the designated use of an underground source of drinking water or surface water immediately affected by the ground water, the Department shall require the installation owner to take appropriate action to clean up, increase the degree of treatment prior to discharge, contain or otherwise correct the violation of water quality standards. The type of corrective action shall be based upon the following factors:

   1. (a) Direction of the plume movement in relationship to existing and potential sources of drinking water;
   2. (b) Plume size both in the areal and vertical dimensions;
   3. (c) Rate of migration of the plume;
   4. (d) Level of toxicity of the plume;
   5. (e) Rate at which the plume is being diluted;
   6. (f) The costs of clean up or other corrective action in comparison with the benefits to the public of such corrective action; and,
   7. (g) Current and projected future use of adjacent ground and surface waters affected by the plume.

Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.061, 403.087, 403.088, 403.121, 403.141, 403.161 FS. History–New 9-8-92, Formerly 17-522.700, 62-522.700, Amended 7-12-09.