1. (1) “Petroleum Contact Water” or “PCW” means water containing product.

   1. (a) Examples of materials that meet the definition of PCW include the following:

      1. Condensate from underground and aboveground petroleum tanks.

      2. Water bottoms or drawdown water removed from a petroleum storage tank system as defined in Chapters 62-761 and 62-762, F.A.C.

      3. Product, or water in contact with product which displays a visible sheen contained in spill containment and secondary containment areas associated with petroleum tank storage, petroleum transportation, and petroleum distribution systems; however, stormwater that displays a visible sheen contained in spill containment and secondary containment areas associated with a diesel or No. 2 fuel storage tank, transportation or distribution system is not PCW.

      4. Petroleum tank filler sump and dispenser sump water.

      5. Recovered product or water in contact with product, which does not contain hazardous constituents other than petroleum, from first response actions to petroleum spills or from petroleum contamination site cleanups conducted under Chapter 62-770, F.A.C.

      6. Aboveground petroleum tank seal leakage water.

      7. Pumpable liquids from petroleum tank cleaning operations.

   2. (b) Examples of materials that do not meet the definition of PCW include the following:

      1. Equipment or vehicle wash water.

      2. Bilge water.

      3. Separated solids from tank cleaning operations.

      4. Groundwater contaminated with hazardous constituents other than PCW.

      5. Wastewaters regulated or permitted under other applicable Department rules or standards, such as Chapters 62-620 and 62-660, F.A.C.

2. (2) “Petroleum refinery” means a location with a primary Standard Industrial Classification (SIC) code facility classification of 2911, Petroleum Refining.
3. (3) “Producer” means any person, within the meaning of Section 403.703(4), F.S., by site, whose act or process generates PCW or whose act first causes PCW to become subject to regulation. This term includes owners and operators of storage tank systems regulated under Chapters 62-761 and 62-762, F.A.C., examples include owners or operators of retail service stations, convenience stores, wholesale product distribution facilities, product terminals, pipeline break-out tanks, and aboveground storage tanks where PCW is collected. A producer may recover product from PCW it produces or receives from another producer without becoming classified as a recovery facility.
4. (4) “Product” means petroleum product as defined in Section 376.301(16), F.S. (1993).
5. (5) “Recovery facility” means a facility, that recovers product from PCW beyond the level of recovery obtained by a producer and meets the PCW management practices for recovery facilities. A recovery facility is not considered a producer, except for the PCW it may produce on site from its product storage tanks.
6. (6) “Site” means the contiguous land upon which a producer is located.
7. (7) “Transporter” means a person who transports PCW off site by rail or over public roads.

Rulemaking Authority 376.303, 403.721 FS. Law Implemented 376.30, 376.302, 376.303, 403.702, 403.704, 403.72, 403.721 FS. History–New 12-18-95.