FAC General Aviation Environmental Resource Book · 7/2/2003 · Generic Tank Inspection Form : B...
Transcript of FAC General Aviation Environmental Resource Book · 7/2/2003 · Generic Tank Inspection Form : B...
FAC General Aviation Environmental Resource Guidebook
2011
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TABLE OF CONTENTS
SECTION PAGE
Section 1 – Fueling Operations & Spill Response 1 1.1 Fuel Tanks 3 1.2 SPCC – Spill Prevention, Control, and Countermeasures 7 1.3 Spill Response and Reporting 11 1.4 Sumped Fuel Management 15
Section 2 – Storm Water 17 2.1 Water Management Districts in Florida 19 2.2 NPDES – Construction & Aviation Industrial Operations 23 2.3 SWPPP – Stormwater Pollution Prevention Plan 27 2.4 Aircraft Deicing 29
Section 3 – Natural Resources 31 3.1 Wetlands 33 3.2 Conservation Easements & Mitigation 37 3.3 Protected Wildlife, Plants, & Habitat 41 3.4 Natural Areas on your Airport 43 3.5 Wildlife Hazard Management 47 3.6 Off Airport Wildlife Hazard Issues 55
Section 4 – Hazardous Waste & Remediation 59 4.1 Hazardous Waste 61 4.2 Remediation 65
Section 5 – NEPA 69 5.1 NEPA – National Environmental Policy Act 69
Section 6 – Air Quality 73 6.1 Air Quality 73
Section 7 – Sustainability and EMS 77 7.1 Sustainability 79 7.2 Environmental Management Systems (EMS) 83
Section 8 – Tenant Environmental Issues & Compliance 87 8.1 Tenant Environmental Issues & Compliance
APPENDIX ITEMS FDEP Storage Tank Registration Form 62-761.900(2) A Generic Tank Inspection Form B FDEP Discharge Report Form 62-761.900(1) C FDEP Incident Notification Form 62-761.900(6) D Spill Response Flow Chart E FDEP-Embry Riddle Preflight Fuel Dumping Brochure F Orlando ADO – CATEX Checklist G
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LIST OF PREPARERS
The following FAC Environmental Committee members were the lead preparers for the
guidebook:
Renee Kwiat, CHMM Manager of Environmental Compliance – Lee County Port Authority
Sarah Brammell, Managing Associate – ESA Airports
Anik Smith, Ecologist – Johnson Engineering Inc.
TASK FORCE MEMBERS
Airport managers with diverse environmental settings and a variety of airport facilities were
asked to provide guidance, review, and comment on the technical components of the
guidebook.
Nadine Jones, Director of Planning and Environmental – Hillsborough County Aviation Authority
Scott Sheets, Manager Page Field GA Airport – Lee County Port Authority
Michael Clow, Capital Program Administrator – Tallahassee Regional Airport
Bryan Cooper, Assistant Airport Director – St. Augustine Airport Authority
LIST OF CONTRIBUTORS
The following members of the FAC Environmental Committee provided technical information
for portions of the guidebook:
Bryan Cooper, Assistant Airport Director – St. Augustine Airport Authority
John Lengel, Executive Vice President - Gresham Smith & Partners
Rob Mc Gormerly, Division Vice President - Gresham Smith & Partners
Ben Siwinski, Senior Airport Planner - Vanasse Hangen Brustlin, Inc.
Mike Arnold, Regional Director – ESA Airports
Mariben Anderson, Manager Florida Environmental Services – LPA Group Inc. a unit of Michael Baker Corporation
Church Roberts, Principal Ecologist – Johnson Engineering, Inc
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VISION AND PURPOSE OF THIS DOCUMENT
Vision
The vision of this document is to create a user friendly environmental resource tool for non-environmental personnel at general aviation facilities in the State of Florida. The Florida Airports Council is providing this guidance material to the Florida aviation community to promote environmental stewardship and integrity in conjunction with the safe and efficient operation of our State’s aviation system.
Purpose
The purpose of this document is to provide general topic review for environmental issues that are common to general aviation airports in the State of Florida. The Florida Airports Council Environmental Committee developed this document as a guide to assist non-environmental personnel at general aviation airports. The document provides topical summaries of each environmental issue and then provides the user with references to regulations, compliance agencies, best management practices, and places to find additional information. This information is provided to assist airport personnel in determining site specific environmental regulations or applicability of environmental compliance issues and/or regulations that may affect their facility.
This document should be viewed as a living document and will be updated periodically to capture regulatory changes, resource reference updates, and new information as deemed necessary. This document is for guidance purposes only and should not be viewed as the sole source for regulations, laws, or information on specific issues at your airport.
How to use this Document
The FAC Environmental Committee has developed a list of commonly asked questions and issues that are related to the operation of general aviation facility. Pages iv and v provides the reader with a “Quick Question Reference” to help identify what sections of the guidance book may be helpful for specific issues.
The main sections of the book are divided into broad categories that have subsections to provide specific information. Each section provides a topic overview, airports perspective, regulation/agency information, and where to get more information. The information in these sections are intended to be introductory to assist airport personnel in understanding the basic issues related to the topic. This information should not be considered guidance on actual regulatory applicability to specific issues. Please seek more information or assistance from agency representatives or environmental professionals for determination of permit needs and regulatory applicability. Appendix items are also provided at that conclusion of the document.
This handbook is available online at: http://www.floridaairports.org/
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QUICK QUESTION REFERENCE PAGE
To help airport personnel navigate the environmental permitting and regulatory setting at
Florida general aviation airports, the Florida Airports Council Environmental Committee has
developed this “Quick Question Reference Page” of common questions and issues raised by
airport personnel. Each question will guide the user to specific sections for information
regarding the topic.
1. What type of construction activities need environmental permits?
If you answer “YES” to the following then please refer to the Guidebook sections listed for
more information to highlight some of the common issues environmental issues related to
these types of projects.
Does your project (or issue):
“Turn Dirt” .............................................................................................................. Section 2.0
Add Impervious Surface (ex. pavement, buildings) ................................................ Section 2.1
Impact Natural Areas (wooded areas, marsh, “green space”) ............................... Section 3.0
Deal with Fuel Storage or Fuel Tanks ..................................................................... Section 1.0
Involve Tenants or Tenant Areas ............................................................................ Section 8.0
Impact Wildlife, Wildlife Habitat, or Natural Areas................................................ Section 3.0
2. Do I need an environmental permit for planning and design projects?
Planning and design projects may be required to obtain environmental approvals from
various agencies due to funding requirements, state requirements for Developments of
Regional Impacts, and possibly local government Comprehensive Plan documentation. In
many cases, environmental review of projects at the planning and design stage help
streamline project completion and avoid timely and costly delays due to unknown
environmental issues encountered later in the project implementation phase. An
environmental review of all proposed projects is recommended.
FUNDING – If you are using FAA funding for a project or you will need to amend your FAA
approved Airport Layout Plan (ALP), you may need to go through the NEPA review process.
Contact the FAA Orlando Airports District Office with questions: (407) 812-6331
Go to ....................................................................................................................... Section 5.0
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STATE & LOCAL PLANNING – There are certain “triggering” events that may require you to
look at environmental impacts associated with your planning and design project. For
aviation development, items such as new runways, new commercial service, major runway
extension, or terminal expansions and non-aviation develop such as retail, office,
industrial, or storage facilities may require planning level environmental review. Talk to
your local government planning departments for more information.
3. What am I required to do if there is a fuel spill on the airfield?
Go to ....................................................................................................................... Section 1.3
4. What environmental issues may be associated with an aircraft crash on or near the airport?
Depending on the circumstances involved in the incident, there is a potential for fuel spill
and contamination by other hazardous materials resulting in a hazardous waste
For Fuel Spill related issues go to ..................................................................... Section 1.3
For Hazardous Waste information go to .......................................................... Section 4.0
5. Do I need a Spill Prevention Control and Countermeasures Plan (SPCC) for my
airport?
Go to ....................................................................................................................... Section 1.2
6. How do I know if I have a protected wildlife species on my airport, what concerns should I have?
Go to ....................................................................................................................... Section 3.3
7. What do I do if I find a dead/injured animal on or near a runway?
Go to ....................................................................................................................... Section 3.5
8. How do I report a bird or wildlife strike?
Go to ....................................................................................................................... Section 3.5
9. Who can I contact when I have questions related to environmental issues at my airport?
While the intent of this guide is to provide references and regulatory/agency information,
you may want to contact FAC who can direct you to the Chair of the FAC Environmental
Committee or help identify other airport members within the state that may be able to
assist. Please contact: The FAC Main Office (850) 224-2964
FAC General Aviation Environmental Resource Guide Book 0 July 2011
FAC General Aviation Environmental Resource Guide Book 1 July 2011
Section 1 Fuel Operation and Spill Response
SECTION 1.0 INTRODUCTION - FUELING OPERATIONS AND SPILL RESPONSE
Most general aviation airports have some level of fuel storage and fueling operations. There
are state and federal regulations that address compliance related to the storage, fueling
operations, and fuel spills. This section deals with the regulations associated with these
activities.
Many general aviation airports have fueling operations for aircraft, surface vehicles, and/or
equipment. Storage of fuel involves petroleum storage tanks (in most cases containing AvGas,
JetA, MoGas, diesel, motor oil, hydraulic fluid, used oil, etc.). Underground storage tanks 110
gallons or greater and aboveground storage tanks 550 gallons or greater are regulated by the
Florida Department of Environmental Protection (FDEP). Tanks with volumes less than these
quantities do not require FDEP registration. For information on requirements related to
registration, inspections, installation, closure/removal or maintenance, see Section 1.1.
A Spill Prevention Control and Countermeasures plan is required by the United States
Environmental Protection Agency (USEPA) for any airport facility that has a total of 1,320
gallons or more of oil stored on-site. Types of oil included under this rule include: AvGas,
MoGas, Jet A, diesel, hydraulic fluid, transformer oil, and motor oil, which are all common at
most general aviation airports. Any container of 55 gallons of oil or more are included in the
facilities total oil capacity. For further information on the SPCC requirements, see Section 1.2.
Even with safeguards in place at your airport, fuel spills may still occur. When these accidents
happen, there are FDEP spill reporting requirements. In general, spill reporting to the state is
required when a spill is in excess of 25 gallons on a pervious surface (a surface that liquids can
soak into i.e. non-paved areas or grass areas) and 100 gallons on an impervious surface (a
surface that can not be penetrated by liquids, i.e., pavement). However, if a spill of any size
occurs in or reaches state or federally regulated surface waters it must be reported
immediately to the State Warning Point. More detailed information on Spill Response and
Reporting can be found in Section 1.3.
Sumping fuel in a pre-flight inspection goes hand-in-hand with General Aviation. Traditionally,
General Aviation pilots have sumped the airplane’s fuel tanks and then dumped the sumped
fuel on the ground. This activity is a violation of state rules under 62-730 FAC and 40 CFR 260.
Many general aviation airports have been fined by FDEP for allowing this activity to continue.
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Section 1 Fuel Operation and Spill Response
Section 1.4 Sumped Fuel Management outlines the regulations, as well as provides alternatives
for General Aviation Airport and Airport Users.
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Section 1 Fuel Operation and Spill Response
SECTION 1.1 FUEL TANKS
About the Issue
Due to fueling operations of both aircraft and other vehicles at general aviation airports, most
GA facilities have fuel storage tanks on their airport. In Florida, Aboveground Storage Tanks
(ASTs) and Underground Storage Tanks (USTs) are regulated by FDEP. These regulations are
based on the type (above or below ground) and the size (gallons of fuel) of the storage tanks.
• USTs greater than 110 gallons are regulated under 62-761 Florida Administrative Code
(FAC).
• ASTs greater than 550 gallons are regulated under 62-762 FAC.
The FDEP has requirements for both of the tank categories described above that include
registration, inspections, and notices during certain events. As the owner/operator of these
tanks, airport managers are responsible to provide notice to the FDEP when a tank is being
installed, register new tanks with the FDEP, document monthly inspections, and notify FDEP
when you take a tank out of service, remove a tank, or during certain maintenance events.
One important note for airport managers is that your agency contact may vary depending on
the type of entity who owns the tank. If your airport is county operated, you report your
information to the FDEP. If you are not a county entity, check with your local county
environmental program staff to see if there is a local county tanks program that you would
coordinate with instead of the FDEP. If you have any questions as to who to contact, start with
your local FDEP office and inquire about their tanks program.
Registration of Tanks and Required Liability Insurance
Registration and financial responsibility requirements for petroleum storage tanks can be
found in 62-761.400 FAC and 62-762.401 FAC. The following provides a summary of those
requirements:
About the Issue Monthly Tank Inspections Registration and Insurance Tank Closure/Removal Tank Installation Requirements Where to Get More Information
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• Within 30 days of a tank being put into service, a petroleum storage tank registration
form (62-761.900(2)), must be sent to FDEP. The initial registration fee for each tank is
$50. An example of this form is provided in Appendix A.
• Annual registration is due by June 30 each calendar year and the annual fee is $25 for
each tank.
• Liability insurance requirements for storage tank systems are based on total system
capacity. The requirements are as follows:
Capacity (gal) Per Incident Aggregate
< 10,000 $500,000 $1,000,000
10,001-30,000 $1,000,000 $1,000,000
30,001-250,000 $1,000,000 $2,000,000
> 250,000 $3,000,000 $6,000,000
Tank Installation Requirements
Installation requirements can be found in 62-761.450 FAC and 62-761.451 FAC. The following
are key notifications and forms needed included in this regulation:
• Notifications must be made 30 days before installation or upgrade of a tank.
• Notifications must be made 48 hours before an installation or upgrade, or any tightness
test.
• Storage tank registration form 62-761.900(2) must be mailed to FDEP in Tallahassee
within 30 days of the tank being put into service.
PLEASE NOTE: If your airport is a county entity, notifications must be made directly to your
local FDEP District Office. If your airport is not a county entity, notifications must be made to
your county Tanks Program.
Monthly Tank Inspections
A monthly visual tank inspection is required by 62-761.600 FAC and 62-762.601 FAC. A generic
tank inspection form is provided in Appendix B. A link to this form is provided on the FAC
website library page.
• The inspection must be completed monthly and can be no more than 35 days apart.
• Monthly inspection documentation must be kept for a minimum of two years.
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Section 1 Fuel Operation and Spill Response
Tank Closure, Removal or Maintenance Notifications and Requirements
Closure, removal, and maintenance requirements can be found in 62-761.450 FAC and 62-
761.451 FAC. The following are key notifications and the necessary form required by this
regulation.
• Notifications must be made 10 days before internal inspection, change in status, closure,
removal or closure assessment of a tank.
• In addition to the 10 day notice, notifications must be made 48 hours before an internal
inspection, change in status, closure, removal or closure assessment of a tank.
• An updated storage tank registration form 62-761.900(2) must be mailed to FDEP in
Tallahassee within 30 days reflecting the change in status or removal of the tank. A copy of
this form can be found in Appendix A (this is the same form used for tank registration).
PLEASE NOTE: If your airport is a county entity, notifications must be made directly to your local
FDEP District Office. If your airport is not a county entity, notifications must be made to your
county or city Tanks Program.
Where to Get More Information FDEP Tanks Program website: http://www.dep.state.fl.us/waste/categories/tanks/
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FAC General Aviation Environmental Resource Guide Book 7 July 2011
Section 1 Fuel Operation and Spill Response
SECTION 1.2 SPCC – SPILL PREVENTION CONTROL AND COUNTERMEASURES
About the Issue
Most, if not all, airports have fuel handling and storage occurring within their property
boundary. An SPCC Plan is required by regulations promulgated by the U.S. EPA, under
authority of the Oil Pollution Control Act of 1990. An SPCC Plan describes the airport regulated
storage facilities (most likely tanks and containers), discharge or spill prevention measures,
training requirements, inspection protocol, and security measures. The SPCC plan must be
prepared and signed by a professional engineer (P.E.) unless the facility is small and qualifies
for self certification. Fuel and other petroleum products are considered “oil” under the EPA’s
rules. Oil is defined as oil of any kind or in any form, including, but not limited to: fats, oils, or
greases of animal, fish, or marine mammal origin; vegetable oils, including oils from seeds,
nuts, fruits, or kernels; and, other oils and greases, including petroleum, fuel oil, sludge,
synthetic oils, mineral oils, oil refuse, or any oil mixed with other wastes, except dredged spoil.
By this definition, even oils made from plants, fish and animals are included in the definition.
Rule Applicability
An SPCC Plan is required for any airport that has a total of 1,320 gallons or more of oil store on-
site. All containers or oil-filled operational equipment that are 55 gallons or greater must be
listed in the plan and have secondary containment. This includes portable or mobile electric
generator tanks, fixed tanks, 55-gallon drums, hydraulic oil containers, and electric
transformers.
The SPCC rule focuses on the discharge of harmful quantities of oil. Harmful quantities are
defined as any discharge that violates applicable water quality standards or causes a film or
sheen upon or discoloration of the surface of water or adjoining shorelines or causes a sludge
or emulsion to be deposited beneath the water’s surface into navigable waters of the United
States. Navigable waters of the U.S., as defined under federal rules, include nearly all water
bodies. For purposes of an airport’s SPCC Plan, an airport can consider onsite detention basins
About the Issue Discharge Prevention Measures
Rule Applicability SPCC Plan Updates Plan Requirements Where to Get More Information
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Section 1 Fuel Operation and Spill Response
as part of a discharge prevention measure before surface waters are released into downstream
navigable waters; however, site specific factors may affect this determination. Please consult
with a professional that can determine where the navigable waters of the U.S. are located on
or off your airport.
Plan Requirements
Required components of an SPCC Plan include the following:
• Description of the physical layout of the facility including:
o Facility size
o Type of operation
o Surface drainage patterns
o Adjacent navigable waters
• Facility diagram identifying the location and contents of each regulated container
• Description of the type of oil in each regulated container and its storage capacity
• Description of the following:
o Discharge prevention measures including procedures for routine handling of
products
o Discharge or drainage controls and procedures for the control of a discharge
o Countermeasures for discharge discovery, response, and cleanup
o Methods of disposal of recovered materials
o Contact list and phone numbers
• Descriptions of potential equipment failures including predictions of the following:
o Direction of flow
o Rate of flow
o Total quantity of oil that could be discharged
• Inspections for leaks on containers and piping
• Integrity testing procedures for bulk storage tanks
• Employee training and annual briefings
• Security measures
• Descriptions of secondary containment and overfill protection equipment
Discharge Prevention Measures
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Section 1 Fuel Operation and Spill Response
Discharge prevention measures typically include secondary containment and must be
described in the plan. Secondary containment can be separated in to two categories: general
secondary containment and sized secondary containment. General secondary containment is
required for oil transfers, mobile refuelers, and oil-filled operational equipment (hydraulic
reservoirs, transformers, etc.) and include oil/water separators and spill absorbents. Sized
secondary containment is required for mobile containers, fixed bulk storage tanks and towed
airport equipment (diesel powered broom and deicing equipment) and includes diked
containment areas or other structures that hold the volume of the largest container plus
precipitation.
SPCC Plan Updates
Every airport’s SPCC Plan must have a technical review, at a minimum, once every five years.
The plan must be signed and sealed by a licensed Professional Engineer (P.E.) if the facility does
not meet the Qualified Facility requirements. A Qualified Facility is defined as a site that store
less than 10,000 gallons of oil and has not had a discharge to navigable waters (single discharge
>1,000 gallons or two discharges >42 gallons) within 3 years from preparation of the SPCC plan.
If there are any technical changes to the plan, such as the addition or removal of a regulated
tank or associated piping, the plan must be updated within 6 months after the change. The
amended SPCC Plan must be signed and sealed by a licensed P.E., if the facility is not a
Qualified Facility that is self-certifying their plan.
Where to get more information
As of April 2009, the EPA is working on a variety of rule changes including modifying
implementation date requirements. The user should consult the EPA website listed below for
up-to-date information on rule status and effective dates. Users unfamiliar with SPCC rules
and amendments may also want to consult a Professional Engineer well versed in Airport SPCC
to provide additional guidance and insight, as the rules and their interpretation are changing
often.
U.S. EPA SPCC Website: http://www.epa.gov/emergencies/content/spcc/index.htm
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Section 1 Fuel Operation and Spill Response
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Section 1 Fuel Operation and Spill Response
SECTION 1.3 SPILL RESPONSE AND REPORTING
About the Issue
The State of Florida requires that petroleum based spills be reported to either local or state
agencies when certain spill thresholds are met. Almost all airports handle fuel and have the
potential for fuel spills to occur. However, the requirements also require reporting of releases
of other petroleum products which will be defined later in this section. There are two rules
that dictate the requirements: Underground tanks are addressed in 62-761 FAC and above
ground tanks are addressed 62-762 FAC. The wording is identical in both rules, so for the
purposes of this chapter, the direct references will refer to 62-761 FAC.
Airport Perspective
Nearly every airport fuels aircraft or vehicles
and repairs equipment during the course of
normal operation. Fuel spills of varying
quantities are possible during fueling operations
and spills can occur from fuel storage containers
and tanks. If proper notifications and record
keeping are not completed, FDEP can levy fines
of up to $10,000 per day, per violation. When it
comes to spills associated with a tank system,
even if the tanks are owned and operated by a
tenant, an airport can be held responsible for
the spill and associated clean up if the airport is
the landowner. Many airports have spill kits (as shown in Figure 1.3-1) for initial response.
Applicability
A release (spill) is defined as a discharge or loss of regulated substances from a storage tank
system into the system’s secondary containment. Products covered by this rule under 62-
761.200 FAC are defined as oil, diesel fuel, kerosene, gasoline and fuels containing mixtures of
Figure 1.3-1 Example Spill Kit Materials
About the Issue Reporting Thresholds
Airport Perspective Agencies and Regulations Applicability Where to Get More Information
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Section 1 Fuel Operation and Spill Response
gasoline and other products. Liquefied petroleum gas and asphalt oils are excluded from the
regulation.
Reporting Thresholds
The rule section in which reporting thresholds can be found is 62-761.450 FAC. The listed
thresholds in this guide are meant for emergency response situations. There are further
thresholds within the regulations that are associated with responses to leaks discovered during
routine maintenance.
Reporting to the appropriate regulatory entity must take place within 24 hours if the following
occurs:
• A spill of 25 gallons or more on a pervious surface (examples: grass, soil, water) use
form 62-761.900(1). See Appendix C for a copy of this form.
• A spill greater than 100 gallons on an impervious surface (examples: concrete and
asphalt), other than in secondary containment use form 62-761.900(6). See Appendix
D for a copy of this form. The rule does exclude airport runways and similar asphalt and
concrete surfaces, so long as the spill does not come in contact with pervious surfaces.
When in doubt, report the incident on the form. If no remediation is required, the
incident can be resolved immediately.
• A spill of greater than 500 gallons into secondary containment of an aboveground
storage tank system use form 62-761.900(6). See Appendix D for a copy of this form.
An example Spill Response Flow Chart and Clean Up Contact Sheet is provided in Appendix E as
a template for airport managers’ use.
Please note: Local agencies may require reporting at lower thresholds.
Agencies and Regulations
If the airport is operated by a county agency spills must be reported directly to the local FDEP
office. If however, the airport is not a county entity; the initial spill needs to be reported to the
local county tank program.
As discussed previously, the applicable regulations associated with this topic are 62-761 FAC
and 62-762 FAC. Links to those regulations can be found below. It should be noted that, once
initial clean-up and reporting is completed, additional clean-up and remediation may be
required. Remediation requirements are discussed in Section 4.2 of this resource guide book.
FAC General Aviation Environmental Resource Guide Book 13 July 2011
Section 1 Fuel Operation and Spill Response
Where to Get More Information
Storage Tank Rules: http://www.dep.state.fl.us/waste/quick_topics/publications/pss/County-District-Contact_08Feb11.pdf
FDEP District and County Program Contacts: http://www.dep.state.fl.us/waste/quick_topics/publications/pss/CountyDistrictContact.pdf
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Section 1 Fuel Operation and Spill Response
FAC General Aviation Environmental Resource Guide Book 15 July 2011
Section 1 Fuel Operation and Spill Response
SECTION 1.4 SUMPED FUEL MANAGEMENT
About the Issue
AvGas 100LL is, by nature, a hazardous substance. It contains benzene and other carcinogenic
chemicals, as well as lead. Additionally, its flash point is below 140º F so, when it is disposed
of, it is also considered a characteristic hazardous waste because of its ignitability. When
disposed of in large quantities, it may also be a hazardous waste because of the lead toxicity
characteristic. The State of Florida has adopted 40 CFR 260, the Resource Conservation and
Recovery Act (RCRA) by reference in 62-730 FAC. The above waste determination for AvGas
100LL comes directly from RCRA.
Airport Perspective
Nearly every general aviation airport stores and sells AvGas 100LL to its airport users. AvGas
100LL is the standard fuel used by GA piston powered aircraft fleet. As part of the preflight
inspection for these aircraft, pilots check for water or other contaminants in the fuel tanks.
This involves taking a small fuel sample from one or several low point(s), or “sump(s),” of the
aircraft’s fuel tanks and engine(s). Traditionally, general aviation pilots who have sumped their
fuel tanks during pre-flight, have simply dumped the sumped fuel on the aviation ramp. This
practice is a violation of RCRA for improper disposal of hazardous waste. Many pilots believe
that the fuel simply evaporates off of the ramp. While this is partially true, evaporation is an
improper means of disposal by definition in RCRA. Additionally, the lead in AvGas 100LL is left
behind on the ramp. Over time, the lead washed off of an aviation ramp can build up in
adjacent soils and cause those soils to become contaminated to a reportable level, which will
trigger remediation. Remediation can be very costly to an airport and with no means to hold
the individual pilots responsible; it is likely the airport will not be able to recover the cost of
remediation.
If an airport does not provide both resident and transient aircraft the means by which to
properly dispose of sumped fuel, FDEP can levy fines of up to $10,000 per day, per violation. In
fact, this issue came to the forefront in the early 2000’s, when a prominent Florida aviation
school was fined heavily by FDEP for this practice.
About the Issue Alternatives for Airports Airport Perspective Where to Get More Information
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Section 1 Fuel Operation and Spill Response
Alternatives for Airports
Several airports in the state have addressed this issue. First and foremost, education of the
resident pilots and availability of information in the airport’s FBO is the first line of defense. An
informational pamphlet, developed by FDEP and Embry-Riddle University is included in
Appendix F of this document. This pamphlet is not copyrighted, so it can be printed and
distributed to the airport users with no restrictions.
Second, selling Gasoline Analysis Test Separator
(GATS) jars to airport users is another way to
promote proper disposal of sumped fuel at the
airport (example GATS containers are shown in
Figure 1.4-1). There are several suppliers that offer
GATS jars for purchase (these suppliers can be
identified through an internet search).
Some airports have used a 55 gallon drum in sealed
secondary containment, with a funnel that can be
closed to keep rain water out, as a means to allow
airport users to dispose of their sumped fuel
properly (see Figure 1.4-2 for an example). The
containers must be marked properly and placed to
adhere to any NFPA standards.
Local district FDEP staff is generally available to
assist you in evaluating additional options for your
airport. You could also check with your County
Pollution Prevention Program or Small Quantity
Generator Program. Both of these county
programs are compliance assistance programs, not
enforcement oriented.
Where to Get More Information Hazardous Waste Rules: http://www.dep.state.fl.us/waste/categories/hwRegulation/default.htm FDEP District Program and County Contacts: http://www.dep.state.fl.us/waste/categories/hazardous/pages/state_contacts.htm
Figure 1.4-1 GATS Containers
Figure 1.4-2 55 Gallon drum with secondary containment and funnel
FAC General Aviation Environmental Resource Guide Book 17 July 2011
Section 2 Stormwater
SECTION 2.0 INTRODUCTION - STORMWATER
The term “stormwater” refers to the precipitation that occurs during rain events that hits the
ground or other surfaces and either runs off, percolates into the ground, or evaporates back
into the atmosphere. “Stormwater runoff” refers to the rain that hits impervious areas (ex.
buildings, pavement, or concrete and also compacted soil, stone, or shell material, vegetation,
or other non-pervious materials) and runs off into collection and conveyance systems such as
storm drains, ditches, ponds, canals, streams, rivers, lakes, and the ocean. In most of Florida,
we experience a dry season and a wet season. During the wet season, Florida averages over 50
inches of rain in a five month time period (source: http://www.dep.state.fl.us).
At your airport, there are several stormwater issues that you may deal with. Below are brief
summaries of these issues:
• Your airport most likely has existing stormwater management facilities (ditches, swales,
detention ponds, dry detention areas, and discharge locations) associated with the
current infrastructure. Most stormwater facilities have existing environmental permits
through either the FDEP or one of the states’ five water management districts. Having
a copy of your existing stormwater permits will be beneficial as you move forward with
planning and constructing other facilities at your airport. For more information see
Section 2.1.
• New stormwater management facilities may be needed if you plan on constructing
impervious surfaces (ex. runways, hangars, ramps, roadways, and buildings). If you are
undertaking a construction project, please refer to Sections 2.1 and 2.2 as you may
need environmental permits for the design and operation of the new stormwater
management facilities (through one of the five water management districts) and a
National Pollution Discharge Elimination System (NPDES) permit from the FDEP.
• Construction activities at your airport will require a Construction NPDES permit issued
by FDEP if the project exceeds one acre in size. This permit requires that a notice of
intent (NOI) be sent to the state and a Stormwater Pollution Prevention Plan (SWPPP).
More information of the Construction NPDES requirements can be found in Section 2.2
and SWPPP in Section 2.3.
• General operations at your airport – All airports with stormwater runoff discharging
from industrial activities (fueling, washing, etc.) are required to have an Industrial
Multi-Sector Generic (MSGP) NPDES Permit (Sector S) issued by the FDEP. This is a five-
year operating permit. It requires that an NOI be sent to the state and that a site-
specific SWPPP be developed. More information of the Industrial MSGP NPDES
18
Section 2 Stormwater
requirements can be found in Section 2.2 and Section 2.3. If your airport does not
discharge stormwater offsite, an MSGP is not required. However, your facility will need
to complete a No Exposure Certification.
• Water Quality – Water quality issues at your airport may deal with stormwater
management facilities (existing or planned) and natural water resources on or near
your airport. Permits associated with constructed or stormwater facilities may contain
water quality information and/or permitted criteria for water quality.
FAC General Aviation Environmental Resource Guide Book 19 July 2011
Section 2 Stormwater
SECTION 2.1 WATER MANAGEMENT DISTRICTS IN FLORIDA
About the Issue
Under the Water Resources Act of 1972,
Florida created five water management
districts (see Figure 2.1-1). The water
management districts have been delegated
authority to oversee the state’s flood control,
water supply, and surface water. The water
management districts issue several types of
permits that may be needed for projects at
your airport. The three most common
permits are:
• Environmental Resource Permit –
address how new development
affects water resources (including
wetland impacts)
• Consumptive Use Permit – address how much water is used
• Well Construction Permit – address the construction of wells
Each water management district has its own set of regulations that differ slightly from one
water management district to another.
Airport Perspective
In most instances, airport development projects require permits from their WMDs. The most
common is an environmental resource permit (ERP). Any changes in the existing drainage on your
site typically require an ERP permit. Examples of these changes may include:
• impervious surface being added to your property,
• the design and construction of a surface water management system, or feature
• impacts to state jurisdictional wetlands and surface waters (see Section 3.1 for more
specifics on state and federal regulations pertaining to wetlands)
Figure 2.1-1 Water Management Districts in Florida
About the Issue Agencies and Regulations Airport Perspective Where to Get More Information
Environmental Resource Permit
20
Section 2 Stormwater
Some airports have consumptive use permits associated with landside development such as
golf course irrigation or landscape irrigation. Other airports have undeveloped land that
could be used for drinking water supply and/or contain groundwater wells which would
require well construction permits. If an ERP permit, consumptive use permit, or well
construction permit is not acquired prior to construction, the water management district can
issue a Notice of Violation, which would require the submittal of a permit application and
may include fines of up to $10,000 per day per violation.
Environmental Resource Permits (ERP)
An ERP is typically required for most construction or development projects that include
adding an impervious surface and/or projects that impact wetlands. Florida wetlands are
regulated by both the state and federal governments. The State of Florida administrative
code defines wetland areas under state jurisdiction within Section 19 of Title 28 of The
Florida Statutes, Chapter 373. The FDEP and the water management districts are the state
agencies with regulatory authority over wetlands in Florida. Federal regulations outlined in
the Rivers and Harbors Act of 1899 (U.S.C. 403) and the Clean Water Act (CWA) (U.S.C. 1251-
1387) govern land-use activities within “waters of the United States”. The U.S. Army Corps
of Engineers is the federal entity responsible for regulating wetlands in Florida.
Permits are required for dredging, filling and construction of structures within the wetlands
and other surface waters. In Florida, a joint ERP is submitted and reviewed by the state and
U.S. Army Corps of Engineers for projects involving wetland impacts. Applicants are required
to demonstrate wetland impacts have been avoided or minimized to the extent practicable
and mitigation is typically required for wetland impacts.
Agencies and Regulations
The five water management districts and the counties that are included within each district
are depicted below. The location of your facility will direct you to the appropriate water
management district for stormwater permitting questions and additional information
specific to your district.
FAC General Aviation Environmental Resource Guide Book 21 July 2011
Section 2 Stormwater
St. Johns River Water Management District (SJRWMD)
Southwest Florida Water Management District (SWFWMD)
Suwannee River Water Water Management District (SRWMD)
Northwest Florida Water Management District (NWFMD)
South Florida Water Management District (SFWMD)
22
Section 2 Stormwater
Where to Get More Information The following websites contain the most comprehensive source of information for each WMD:
Florida Permitting Portal http://www.flwaterpermits.com/ NWFWMD http://www.nwfwmd.state.fl.us/ SRWMD http://www.srwmd.state.fl.us/ SJRWMD http://sjr.state.fl.us/regulatory/permitinformation.html SWFWMD http://www.swfwmd.state.fl.us SFWMD http://www.sfwmd.gov FDEP ERP Permit Information http://www.dep.state.fl.us/water/wetlands/erp/erp.htm
FAC General Aviation Environmental Resource Guide Book 23 July 2011
Section 2 Stormwater
SECTION 2.2 NPDES – CONSTRUCTION & AVIATION INDUSTRIAL OPERATIONS
About the Issue
There are two types of National Pollutant Discharge Elimination System (NPDES) Permits that
are required in the State of Florida. There is the Multi-Sector Generic Permit for Industrial
Activities (MSGP) Sector S (Air Transportation Facilities)and the Construction NPDES permit
which is required for any land disturbance or redevelopment over one acre in size.
MSGP
Nearly every airport conducts industrial activities outside and these operations, which are
covered under the MSGP, are often exposed to precipitation. Example industrial activities or
operations include equipment storage, washing, deicing, fuel storage and handling, chemical
application, maintenance, etc. These industrial activities are regulated under the Clean Water
Act (CWA) by NPDES which is delegated to the FDEP. Obtaining permit coverage generally
involves submitting a Notice of Intent (permit application), preparing a Stormwater Pollution
Prevention Plan (SWPPP), implementing BMPs contained in the SWPPP, and conducting
routine inspections and employee training (more information on SWPPP is located in Section
2.3).
Construction NPDES permit
The Construction NPDES, required for projects over one acre in size, is acquired by submitting
an NOI to FDEP. The construction NPDES permit also requires an SWPPP (see Section 2.3).
After construction is completed, a Notice of Termination (NOT) needs to be submitted to FDEP
to close out the permit.
Airport Perspective
Nearly every airport has some form of industrial activity that can affect storm water quality.
The airport typically obtains a permit for the site and has the tenants manage their own
About the Issue Agencies and Regulations Airport Perspective Where to Get More Information
Definitions
24
Section 2 Stormwater
industrial activities in accordance with the airport’s overall SWPPP. The airport conducts and
documents routine inspections for the BMPs, performs pollution prevention training and
certifies annually that the facility is in compliance. In some cases, especially for small airports, a
tenant responsible for fueling may be responsible for SWPPP implementation; however the
airport owner is ultimately responsible for compliance.
Most airports will have construction projects that could range from small to large scale.
Construction projects are regulated by the National Pollutant Discharge Elimination System
which is delegated to the FDEP by the USEPA. An NPDES permit is separate from an ERP
permit secured from water management districts for construction projects (see section 2.1 for
information on ERP permits).
If proper notifications and record keeping are not made prior to and during construction, FDEP
can levy fines of up to $10,000 per day per violation. For reference, if your airport’s project is
less than one acre, proper BMPs must be implemented or fines may be incurred.
Definitions
Best Management Practice (BMP): Schedules of activities, prohibitions of practice,
maintenance procedures, and other management practices to prevent or reduce the pollution
of Waters of the United States, and include structural and non-structural controls.
Notice of Intent (NOI): This form is filed with FDEP in Tallahassee at least two days before
commencement of construction.
Notice of Termination (NOT): This form is filed with FDEP after final stabilization and
construction are complete.
NPDES Storm Water Permit: Based on EPA’s 1995 Multi-Sector General Permit and issued by
the FDEP.
Phase I activity: “large” construction activity that impacts greater than five acres.
Phase II activity: “small” construction activity that disturbs between one and five acres.
Stormwater Pollution Prevention Plan (SWPPP): A written plan required to be maintained on-
site and updated if the facility changes the storm water drainage system or changes/ adds/
removes industrial activity. The plan defines a Pollution Prevention Team and responsibility,
describes stormwater conveyance, describes pollutant sources and identifies BMPs to minimize
impacts to storm water quality. This plan is required for both the Construction Generic Permit
and the MSGP (See Section 2.3 for more information on SWPPP).
FAC General Aviation Environmental Resource Guide Book 25 July 2011
Section 2 Stormwater
Agencies and Regulations
FDEP: The Multi-Sector Generic Permit rule is promulgated under 62-621.300(5)(a), FAC, State
of Florida Multi-Sector Generic Permit for Stormwater Discharge Associated with Industrial
Activity (MSGP)
FDEP: This rule is regulated under 62-621.300(4), FAC, Generic Permit for Stormwater
Discharge from Large and Small Construction Activities (CGP), which is applicable to Phase I
large construction and Phase II small construction.
Where to Get More Information Construction Generic Permit Guidelines: http://www.dep.state.fl.us/water/stormwater/npdes/docs/cgp.pdf Multi-Sector Generic Permit: Florida DEP NPDES Stormwater Program for Industrial Activity - Multi-Sector Generic Permit NOI: MSGP Notice of Intent (NOI) (DEP Form 62-621.300(5)(b)) NOT: http://www.dep.state.fl.us/water/stormwater/npdes/forms/not.pdf SWPPP Guidance: Developing Pollution Prevention Plans and Best Management Practices https://employees.atlasair.com/pp/materialsystems/Fuel%20Guidance%20Manual.pdf
26
Section 2 Stormwater
FAC General Aviation Environmental Resource Guide Book 27 July 2011
Section 2 Stormwater
SECTION 2.3 SWPPP – STORMWATER POLLUTION PREVENTION PLAN
About the Issue
Section 2.2 provides information on the requirements for airports to develop a SWPPP due to
regulatory requirements related to MSGP and Construction NPDES permits.
Airport Perspective
Most airports in Florida are required to have a SWPPP. The MSGP SWPPP must be maintained
on site and technically reviewed at least once every five years. If any stormwater management
feature changes or additional impervious is added to the site, the MSGP SWPPP must be
updated within six months. The Construction NPDES SWPPP must be maintained on site during
the duration of the construction project.
SWPPP
Components of a SWPPP will likely include the following:
• Introduction and Regulatory Setting – Description of permit requirements and any local
stormwater management requirements including a discussion of how the airport
intends to implement the SWPPP with tenants.
• Facility Description – Description of the physical layout and setting of the airport
including stormwater drainage system, drainage features (ditches, pipes, outfalls),
pervious, impervious areas and any other unique feature affecting stormwater runoff.
• Potential Pollutant Sources – Description of potential pollutant sources by particular
area of the airport or operation conducted at the airport (fueling, maintenance,
washing, etc). Often times this includes a description of tenant activities, inventory of
exposed materials, non-stormwater discharge certifications, historic spills and leaks,
and stormwater sampling summary.
• Stormwater Management Controls – Description of BMPs currently employed at the
airport and those additional activities employed by the airport and its tenants. Often
About the Issue Agencies and Regulations Airport Perspective Where to Get More Information
SWPPP
28
Section 2 Stormwater
includes a description of the planned BMPs and their implementation schedule in the
event all BMPs are currently not in place.
• Roles and Responsibilities – Description of airport and tenant responsibilities including
conduct and participation in training, inspections, stormwater sampling and other
requirements that may be imposed by local stormwater requirements.
• Supporting Materials in Appendices – Summary information including copy of permit,
NOI, contact information, BMPs, etc.
Agencies and Regulations
FDEP: The Multi-Sector Generic Permit rule is promulgated under 62-621.300(5)(a), FAC, State of Florida Multi-Sector Generic Permit for Stormwater Discharge Associated with Industrial Activity (MSGP) FDEP: This rule is regulated under 62-621.300(4), FAC, Generic Permit for Stormwater Discharge from Large and Small Construction Activities (CGP), which is applicable to Phase I large construction and Phase II small construction.
Where to Get More Information
SWPPP Guidance:
Developing Pollution Prevention Plans and Best Management Practices
https://employees.atlasair.com/pp/materialsystems/Fuel%20Guidance%20Manual.pdf
FAC General Aviation Environmental Resource Guide Book 29 July 2011
Section 2 Stormwater
SECTION 2.4 DEICING
About the Issue
Aircraft deicing activities are common at airports experience near or below freezing
temperatures and freezing precipitation. Dry-weather deicing may also be utilized when frost
is present or when aircraft temperatures are below the atmospheric temperature. There are
different types of aircraft deicing fluids (ADF), aircraft anti-icing fluids (AAF) (collectively called
"deicing fluids"), mechanical deicing devices, and new technology such as infrared heating that
can be employed by airports and airlines based on their need and resources. The primary
components of deicing fluids is glycol and as a result environmental regulations related to
reporting of use and stormwater runoff monitoring may apply to certain airports.
Airports Perspective
Florida ranges from subtropical climate regions in the south to temperate climates to the
north. The subtropical climate regions have mild temperatures with rare occasions of freezing
temperatures. Temperate climates experience below freezing temperatures on an annual
basis and have occasional freezing precipitation. While snow and ice precipitation is not a
major concern for the majority of the state, defrosting and deicing activities do occur at Florida
airports. Northern portions of the state perform deicing activities on an intermittent basis
during winter months for occasional freezing or near freezing precipitation. De-frosting
activities may occur intermittently throughout the state year round.
Agencies and Regulations
Currently, Florida airports are regulated for the use and potential discharge of de-icing fluids
under their National Pollutant Discharge Elimination System (NPDES) storm water Multi-Sector
General Permit for Industrial Activities. Under this regulation the following applies:
About the Issue Agencies and Regulations Airport Perspective Where to Get More Information
30
Section 2 Stormwater
“Airport facilities which use less than 100,000 gallons of glycol based deicing/anti-icing
chemicals and/ or less than 100 tons of urea on an average annual basis are not required to
monitor discharges resulting from deicing/anti-icing activities."1
While it is doubtful that any General Aviation facilities in the state of Florida would have usage
amounts that exceed the annual 100,000 gallon or 100 ton thresholds, it should be noted that
in 2010, the EPA is proposing stricter regulations on reporting and recovery of much smaller
amounts of aircraft deicing materials and eliminating the use of urea as a pavement deicer. The
airport may submit a discharge monitoring report (DMR) or letter to the FDEP stating that the
reporting thresholds were not met. This provides documentation that the airport’s usage is
less than the threshold amount.
As a best management practice, airports should work with fixed based operators and private
users to determine if deicing materials are used on their airport. Keeping records of this use
will provide documentation for regulatory agencies if needed in the future.
Where to Get More Information
FDEP - Program for Industrial Activity - Multi-Sector Generic Permit (MSGP)
http://www.dep.state.fl.us/Water/stormwater/npdes/industrial5.htm EPA Multi-Sector General Permit (MSGP)
http://cfpub.epa.gov/npdes/stormwater/msgp.cfm
1 “Final National Pollutant Discharge Elimination System Storm Water Multi-Sector General Permit for Industrial Activities analytical monitoring requirements as published in the Federal Register, Volume 60, No. 189, Page 510002
FAC General Aviation Environmental Resource Guide Book 31 July 2011
Section 3 Natural Resources
SECTION 3.0 INTRODUCTION - NATURAL RESOURCES
For the purposes of this document, the term natural resources refers to the plants, animals
and the habitats where they reside, either on land or in the water. Natural resources are all
around us and many are afforded some level of protection, whether from the local, state,
and/or the federal government. The topics addressed in this section are the most common
natural resource issues that a General Aviation airport is likely to encounter. Due to the
complexity of the regulations on natural resources, an airport should consider consulting with
a biologist, ecologist or professional environmental consultant during the planning of any
development project. In matters regarding hazardous wildlife, an airport should seek the
guidance of a qualified airport wildlife biologist, as described in FAA Advisory Circular
150/5200-36.
In Florida, one of the most common natural resources a General Aviation airport comes across
is wetlands. Wetland impacts, whether direct or indirect, are regulated by state, federal, and,
in some instances, local regulations. It is necessary to obtain an ERP for any project proposing
to impact wetlands. See Section 3.1 Wetlands for more information.
If a development project proposes to impact a protected natural resource such as wetlands,
mitigation will likely be required. Mitigation compensates for the impacts to a particular
resource by restoring or creating a similar resource, either onsite or offsite. A conservation
easement over the area utilized for mitigation is required to protect the area in perpetuity.
See Section 3.2 Conservation Easements & Mitigation for more information.
In addition to wetlands, an airport might encounter potential impacts to protected wildlife
and/or plant species and their habitats during a development project. Again, there are
regulations at the federal, state, and sometimes local level to protect these resources and
outline the process for permitting and mitigating for these proposed impacts. See Section 3.3
Protected Wildlife, Plants and Habitats for additional information.
Your airport might have natural areas that are not protected and not slated for future
development but still affect airport operations. These issues could include but are not limited
to: tree trimming/clearing for airspace penetrations, existing and future landscaping,
agricultural activities occurring on or near airport property, and onsite public use parks. The
presence of the last three items could potentially be an attractant for wildlife that may be
hazardous to air operations. See Section 3.4 Natural Areas on Your Airport for additional
information.
32
Section 3 Natural Resources
When wildlife is present on your airport in numbers or in locations having the potential to
create a risk for air operations, the airport has an obligation to address the situation. The
airport may choose to address wildlife hazards at their airport for liability reasons or for
compliance reasons. Section 3.5 Wildlife Hazard Management addresses these issues in
further detail.
Hazardous wildlife species that are attracted to off-airport land uses near your airport could
potentially cause a safety risk for air operations. As with on-airport hazardous wildlife, the
airport has certain obligations towards hazardous wildlife attracted to off airport land uses and
their potential to affect safe air operations. This information is further detailed in Section 3.6,
Off-Airport Wildlife Hazard Issues.
FAC General Aviation Environmental Resource Guide Book 33 July 2011
Section 3 Natural Resources
SECTION 3.1 WETLANDS
About the Issue
Wetlands are distinguished from other areas based on the level of water and the aquatic plants
that thrive within them. Wetlands and water resources are regulated in the State of Florida.
Construction or addition of impervious areas (such as pavement) displaces natural water flows
that can create flooding downstream as well as possibly impact our wetlands and waterways in
numerous ways. Prior to conducting any activity that could affect wetlands, alter surface
water flows, or contribute to water pollution, an environmental permit from specific regulatory
agencies would need to be obtained. Permits may be required on a local, state, and federal
level.
Wetlands are regulated by State and federal agencies based on jurisdictional criteria. In the
State of Florida the responsibility of wetland protection and ERP (Environmental Resource
Permit) review is divided between the five water management districts and the FDEP (See
Section 2.0 for more information on Water Management District boundaries). The U.S. Army
Corps of Engineers is responsible for federal jurisdictional wetlands.
In general, a federal, or Corps, jurisdictional wetland is one that is associated with a navigable
waterway or connected to a navigable waterway. The connection can be by a ditch or canal. A
wetland claimed as jurisdictional by the State is not necessarily a jurisdictional wetland from
the Corps’ perspective, and vice versa. A formal wetland delineation will be required by each
of the agencies having jurisdiction over the type of wetland present on a project site.
Examples of jurisdictional wetlands in the State of Florida include swamps, marshes, cypress
domes, strands or sloughs, swamps and marshes associated with rivers or creeks, tidal
marshes, mangrove swamps and other similar areas2
.
2 Source: South Florida Water Management District Basis of Review for Environmental Resource Applications, December 2004.
About the Issue Agencies and Regulations
Airport Perspective Where to Get More Information
34
Section 3 Natural Resources
Airport’s Perspective Airport properties often include acres of undeveloped land that may contain wetlands. As
airport facilities are expanded these wetlands could be impacted. Wetland impacts will require
an ERP/Federal Dredge and Fill permit and during this process mitigation for these impacts will
be negotiated. Depending on which Water Management District an airport is located in,
regulations will vary as to the ERP permitting process and mitigation requirements.
Sorting through wetland regulations can be complex and the airport may want to consider
consulting with a biologist, ecologist or professional environmental consultant for assistance in
determining whether there are wetlands on the airport and proceeding with applying for an
ERP permit if necessary.
Agencies and Regulations State Jurisdictional Wetlands
Chapter 62-340 of the Florida Administrative Code defines wetlands and outlines the
methodology used to delineate wetlands. Part IV of Chapter 373 of the Florida Statutes
describes the ERP permitting process and mitigation requirements implemented by the Water
Management Districts and the FDEP.
Chapter 40 of the Florida Administrative Code established the five Water Management
Districts as follows: 40A Northwest Water Management District, 40B Suwannee River Water
Management District, 40C St. John’s River Water Management District, 40D Southwest Florida
Water Management District, and 40E South Florida Water Management District. Each District
has its own rules on the ERP permitting process and mitigation requirements.
See Section 2.0 for the boundaries of the five water management districts in Florida.
Federal Jurisdictional Wetlands
Section 404 of the Clean Water Act established the guidelines for the U.S. Army Corps of
Engineers to review applications to dredge and/or fill wetlands that fall under their jurisdiction.
The “Corps of Engineers Wetland Delineation Manual” details the methodology used to
delineate federal jurisdictional wetlands.
The evaluation process involved in federal permitting includes implementation of the Corps
public interest review and compliance with requirements of the National Environmental Policy
Act (NEPA) necessary to take a Federal action (see Section 5 of this Guidebook).
FAC General Aviation Environmental Resource Guide Book 35 July 2011
Section 3 Natural Resources
Permit decisions by the Corps are also subject to various other Federal laws that may be
involved when there is a Federal action. The Federal action in the case of the Corps regulatory
program is the evaluation and decision on a permit application. Important among those other
Federal laws for the Corps regulatory program are compliance with the Endangered Species
Act, the National Historic Preservation Act and the Magnuson-Stevens Fisheries Conservation
and Management Act. Compliance with each of these authorities often results in additional
coordination in the permit process, restrictions on the proposed work, and compensatory
mitigation for impacts to the resources protected by these Federal laws.3
Where to Get More Information
The following link lists the five sections of Chapter 40 rules for each Water Management
District.
https://www.flrules.org/Gateway/Department.asp?DeptID=40 Creation of the five Water Management Districts under Chapter 373.069, F.S.
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&U
RL=Ch0373/SEC069.HTM&Title=->2008->Ch0373->Section%20069#0373.069
Florida Statutes Chapter 373, Part IV Management and Storage of Surface Waters listing all
rules relating to wetlands permitting and mitigation.
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=Ch0373/part
04.htm&StatuteYear=2008&Title=%2D%3E2008%2D%3EChapter%20373%2D%3EPart%20IV
This link to the U.S. Army Corps of Engineers, Jacksonville District, thoroughly explains the
permit review and decision making process for wetland impacts at the federal level.
http://www.saj.usace.army.mil/Divisions/Regulatory/permitting_decision.htm
3 Adapted from the U.S. Army Corps of Engineers, Jacksonville District website: http://www.saj.usace.army.mil/Divisions/Regulatory/permitting_decision.htm
36
Section 3 Natural Resources
FAC General Aviation Environmental Resource Guide Book 37 July 2011
Section 3 Natural Resources
SECTION 3.2 CONSERVATION EASEMENTS & MITIGATION AREAS
About the Issue
Conservation easements and mitigation go hand-in-hand. Conservation easements are usually
associated with environmental permitting on a state or local level. The most common form of
mitigation results from wetland impacts (see Section 3.1). Impacts to State and federally listed
species, and sometimes their habitat, may also require mitigation (see Section 3.3). The agency
regulating the type of wetland or the species being impacted will approve the proposed
mitigation. A conservation easement is required for the designated area being used as
mitigation. The agency requiring the mitigation is typically the agency to which the easement
is granted. Easements prohibit development and restrict uses that could be damaging to the
habitat or resource being protected. Easements are held in perpetuity (forever).
Airport Perspective
Mitigation is typically required when there is an impact to a protected natural resource.
Impacts could result from construction/development activities, clearing or topping vegetation
and trees, mowing, and possibly some maintenance activities associated with natural
resources on airport property. Areas utilized as mitigation are representative of the areas
impacted and therefore typically exhibit high quality wetlands, or high quality habitat for the
species being mitigated (in some cases, the restoration or creation of these areas is also used
for mitigation). Wetlands, specifically, can be an attractant for hazardous wildlife species. The
protection of high quality wetlands or other habitats with the ability to attract hazardous
wildlife species, on airport property is likely to be in conflict with safe air carrier operations at
the airport (see Section 3.5). In regards to wildlife hazard attractant concerns, airports can
consider off-site mitigation areas to compensate for environmental impacts. Off-site
mitigation at a wetland mitigation bank or a conservation bank in the case of listed species
impacts could be a good solution (refer to Section 3.3).
Older conservation easements or land use designations may have been put in place on airport
property through local land use decisions or state permitting requirements.
About the Issue Wetland Mitigation Areas
Airport Perspective Species Mitigation Areas Agencies and Regulations Where to Get More Information
38
Section 3 Natural Resources
An airport should consult with their FAA ADO (airport district office) prior to allowing a
conservation easement to be recorded on airport property or to discuss future management of
conservation easements already located on airport property.
Agencies and Regulations
Wetlands Mitigation:
Typically conservation easements meant for wetlands mitigation will be written to the water
management district where the impact took place. As an example, the South Florida Water
Management District maintains a boiler plate conservation easement document that is utilized
in most instances to protect areas designated as mitigation for wetland impacts under their
jurisdiction. This document is located at the following link:
http://www.sfwmd.gov/portal/page/portal/xrepository/sfwmd_repository_pdf/form_1318_de
ed_of_cons_ease_local_govt_07_2010.pdf
The four other water management districts (Northwest, Suwannee River, St. John’s River and
Southwest Florida) also maintain sample conservation easements.
The U.S. Army Corps of Engineers (ACOE) may also accept a conservation easement for
mitigation of wetland impacts but typically defers this role to either the appropriate Water
Management District or the FDEP. The ACOE does maintain a model conservation easement
document to protect areas designated as mitigation for impacts under their jurisdiction. This
document is located at the following link:
http://www.saw.usace.army.mil/wetlands/Mitigation/Documents/conservation%20easement
%20r8-03.pdf
There is an interagency Memorandum of Agreement (MOA) between the FAA, the ACOE, the
U.S. Air Force, the U.S. Environmental Protection Agency, the U.S. Fish and Wildlife Service,
and the U.S. Department of Agriculture/Wildlife Services (finalized July 2003). The MOA
established procedures for each signatory agency to more effectively coordinate on addressing
issues of wildlife hazards and aviation safety throughout the United States. The MOA is
available at:
http://www.faa.gov/airports/environmental/media/wildlife_hazard_mou_2003.pdf
A Regional Memorandum of Understanding (RMOU) was signed between the same agencies to
establish procedures specific to the Southern Region, which includes the State of Florida. The
RMOU specifically states that mitigation required for wetland impacts will be coordinated with
the ACOE to help avoid attracting wildlife to and near airports and that ultimately the decision
FAC General Aviation Environmental Resource Guide Book 39 July 2011
Section 3 Natural Resources
on mitigation resides with the ACOE as the agency of authority for regulating wetland impacts.
The RMOU is available at:
http://www.faa.gov/airports/southern/environmental/media/so_wildlife_strikes_mou.pdf
Conservation easements may also be written to the FDEP to protect areas designated as
mitigation for wetland impacts under their jurisdiction. A sample conservation easement
document for this agency is located at:
http://www.dep.state.fl.us/northwest/StJoeEMA/Exhibits/Ex_6_cons_easement_mit.pdf
County governments may also accept conservation easements for the protection of native
habitats.
If the conservation easement to be recorded is planned for an area on airport property, the
conservation easement language will likely need to be approved/coordinated by the FAA;
particularly if the airport has received funding from the FAA. Airports receiving federal grant-
in-aid assistance must meet certain obligations or assurances set forth by the FAA. These
obligations require the recipients to maintain and operate their facilities safely and efficiently
and in accordance with specified conditions. This is done so that natural areas protected under
a conservation easement do not become a hazardous wildlife attractant or result in future
obstruction that potentially creates a safety risk to the airport. A list of assurances for airport
sponsors is located at:
http://www.faa.gov/airports/aip/grant_assurances/media/airport_sponsor_assurances.pdf
Listed Species Mitigation:
As with wetlands, the agency with jurisdiction over the particular listed species impacted will
approve the type of mitigation required for the impacts. In general, impacts to federally listed
species are reviewed by the U.S. Fish and Wildlife Service, and impacts to State listed species
are reviewed by the Florida Fish and Wildlife Conservation Commission. County governments
may also have their own regulations and mitigation requirements for listed species. Section
3.3 of this Guidebook explains the roles of the various agencies involved in listed species
protection.
There is a Certalert (06-07) that addresses requests by state wildlife agencies to facilitate and
encourage habitat for state-listed threatened and endangered species and species of special
concern on airports. Federally listed threatened and endangered species are addressed in FAA
Order 1050.1E, Environmental Impacts – Policies and Procedures, Appendix A, Section 8.
Basically the Certalert states that the airport operator must decline to adopt habitat
management techniques for the benefit of state-listed species that could jeopardize aviation
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safety. Based on this Certalert the airport should not allow mitigation for impacts to state-
listed species and their habitat to occur on airport if it could result in a direct or indirect safety hazard. This Certalert can be found at: http://www.faa.gov/airports/airport_safety/certalerts/media/cert0607.pdf
Where to Get More Information
Wetlands Mitigation Federal sites: The U.S. Army Corps of Engineers, Jacksonville District encompassing the entire State of Florida, explains their mitigation rules: http://www.saj.usace.army.mil/Divisions/Regulatory/sourcebook/19-Mitigation_CompensatoryMitigation.html State sites: The FDEP wetlands mitigation section: http://www.dep.state.fl.us/water/wetlands/mitigation/ The following link is an interactive map of the water management districts in Florida. It will take you to each home page of the five water management districts. http://www.dep.state.fl.us/secretary/watman/ The Northwest Florida Water Management District Wetlands Program: http://www.nwfwmdwetlands.com/index.php Sample conservation easement from the Suwannee River Water Management District: http://www.srwmd.state.fl.us/DocumentView.asp?DID=369 The Southwest Florida Water Management District explanation of wetlands mitigation: http://www.swfwmd.state.fl.us/about/isspapers/mitigation.html The Mitigation Program as explained by the South Florida Water Management District: http://www.sfwmd.gov/portal/page/portal/xweb%20about%20us/extra%20land%20acquisition Listed Species Mitigation The Mitigation Policy of the U.S. Fish and Wildlife Service: http://www.fws.gov/policy/501fw2.html The Florida Fish and Wildlife Conservation Commission Mitigation Park Program: http://myfwc.com/viewing/recreation/wmas/mitigation/
FAC General Aviation Environmental Resource Guide Book 41 July 2011
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SECTION 3.3 PROTECTED WILDLIFE, PLANTS, & HABITATS
About the Issue
There are wildlife and plant species that are protected by state and federal regulations. These
species are often referred to as “listed species” due to their presence on a state or federal list
identifying them as a Species of Special Concern (State only), Threatened, or Endangered. The
habitat of these species and the species themselves cannot be impacted without a permit.
Proposed impacts to their habitat may require mitigation (refer to Section 3.2). A Protected
Species Survey is typically required during the environmental permitting process for a
development/construction project if there is a potential to impact listed species.
Airport Perspective
It is important to confirm that your project complies with all local, state and federal regulations
as they pertain to impacts to protected species and habitats prior to commencing any
development, construction, or clearing project.
An airport is more likely to have an issue with a protected wildlife species than with a
protected plant species. Regardless, the presence of such species is not necessarily obvious.
Protected species may utilize natural areas, man made structures, water resource areas
(including storm water facilities), and mowed areas on your airfield. Therefore, prior to any
planned development or clearing activity, the airport should coordinate with an environmental
professional qualified to prepare ERPs/protected species surveys to determine the presence of
listed species within the project area.
Agencies and Regulations
Federal Level
The U.S. Fish and Wildlife Service (USFWS) regulates federally protected wildlife and plant
species and critical habitat designated for protected species. If such species or habitat are
present within the airport project area, a consultation with the USFWS will need to be
requested. This is referred to as a Section 7 Consultation under the Endangered Species Act.
About the Issue Agencies and Regulations
Airport Perspective Where to Get More Information
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The consultation is either informal or formal based on the level of proposed impact to the protected species or critical habitat and that determination is made by the USFWS.
State Level
The Florida Fish and Wildlife Conservation Commission (FWC) regulates state listed wildlife
species and maintains the list of wildlife species protected:
http://myfwc.com/wildlifehabitats/imperiled/
Mitigating for proposed impacts to state listed wildlife species would be coordinated with FWC
via the ERP process (refer to Section 3.1).
The Florida Department of Agriculture and Consumer Services (FDACS) regulates State
protected plant species and maintains the list of plant species protected in the State of Florida:
http://www.virtualherbarium.org/EPAC/Notes2003.pdf
A permit is needed from FDACS to impact plant species listed by the State of Florida as
endangered or commercially exploited; no permits are needed from FDACS to impact plant
species listed by the State of Florida as threatened.
County and/or city governments may also have rules and regulations pertaining to protected
wildlife and/or plant species. A qualified environmental consultant will be familiar with these
rules and regulations.
Where to Get More Information
The following link is to the Endangered Species Program home page for USFWS:
http://www.fws.gov/endangered/
The following link is to the Florida’s Imperiled Species page for FWC:
http://myfwc.com/wildlifehabitats/imperiled/
The following link is to the list of State rules governing the preservation of native flora (plants)
of Florida: https://www.flrules.org/gateway/ChapterHome.asp?Chapter=5B-40
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SECTION 3.4 NATURAL AREAS
About the Issue
This section addresses the natural areas on your airport, land or water, that are:
1. not protected by a conservation easement (see Section 3.2 for information on
conservation easements),
2. not slated for development, and
3. not part of the operation of the airport such as storm water management systems (see
Section 2 for issues related to stormwater facilities).
These areas could consist of a forested area, a wetland, landscaped areas, maintained grass
areas, agricultural land, or a public viewing/park area.
Airport Perspective
Natural areas could affect safe air operations at your airport by attracting hazardous wildlife or
in the case of forested areas, they could cause airspace penetrations. It is important that the
airport management entity ensures the compatibility of these natural areas with the airport’s
Airport Layout Plan (ALP). Natural areas should not be utilized for mitigation and protected
with a conservation easement without considering the operational and safety implications (see
Section 3.2 for issues related to conservation easements).
Tree Trimming / Clearing for Airspace Penetrations
Airspace protection at airports can be impacted by the location of exiting trees or the growth
of trees in new areas. Many airports have existing tree trimming programs in place to address
airspace penetrations related to FAR Part 77 Objects Affecting Navigable Airspace and for
other aeronautical operation areas. It is important for airport managers to understand both
aviation and non-aviation regulations when it relates to tree trimming.
The Florida Department of Transportation’s inspection of licensed, public-use general aviation
airports often provides the first indication of penetrations to airspace at general aviation
About the Issue Landscaping
Airport Perspective Agriculture Tree Trimming/Clearing Public Use Parks
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facilities. Florida Statute language incorporates the FAA’s Part 77 into Florida Statute (FS) (FS
Chapter 333.03 Power to adopt zoning regulations). Non-aviation related regulations may also apply and deal with local, state or federal
regulations and permits in regards to:
• Local tree ordinances
• Wetland or protected habitat areas (state and federal regulations)
• Protected species utilizing the trees (state and federal regulations)
• Nests, eggs, or flightless young birds located in trees (Migratory Bird Treaty Act –
federal regulation)
• Conservation easements or mitigation areas
It may be necessary to obtain permits for tree trimming at your airport. Consult with an
environmental professional prior to clearing or trimming trees at your airport it would be
beneficial to determine if any of the above mentioned environmental issues apply.
Landscaping
Landscaping at airports should consist of plants that are aesthetically pleasing to the public,
while carefully selecting species that will not create attractants to hazardous wildlife. For
example, trees and shrubs that produce fruit, berries or acorns and grasses that produce a
food source (such as rye or millet) should not be utilized in airport landscaping projects. Other
types of trees to avoid are those that provide roosting habitat for hazardous bird species, or to
at least avoid planting such trees in thick groups that could attract large numbers of hazardous
birds4
(see Section 3.5 for a description of hazardous wildlife issues on airports). Local
governments may also have ordinances on landscaping requirements that specify native plants
be utilized.
Many airports have or are in the process of developing a list of native landscaping plants that
are aesthetically pleasing, do not attract hazardous wildlife species and that are also readily
available from Florida growers. Airport managers would benefit from providing this list at the
planning stages of airport development projects and to make the list available to airport
tenants when they are required to provide landscaping. At a minimum, it is recommended
that a wildlife biologist review design plans and plant lists prior to construction. This review
and coordination will minimize the potential creation of a wildlife hazard attractant on your
airport.
4 Washburn, B. E. and Seamans, T.W. Management of vegetation to reduce wildlife hazards at airports. 2004. http://digitalcommons.unl.edu/cgi/viewcontent.cgi?article=1391&context=icwdm_usdanwrc
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Agriculture
The FAA has set guidelines in Advisory Circular (AC) 150/5200-33B, Hazardous Wildlife
Attractants on or Near Airports, regarding the use of airport property for the production of
agricultural crops and livestock. Even though not all general aviation airports are required to
follow the standards set forth in this AC, the FAA still recommends the AC as guidance.
The following is adapted from AC 150/5200-33B:
2-6. AGRICULTURAL ACTIVITIES. Because most, if not all, agricultural crops can attract
hazardous wildlife during some phase of production, the FAA recommends against the
use of airport property for agricultural production, including hay crops, within the
separations identified in Sections 1-2 through 1-4 of the AC (these separations are also
defined in Section 3.5 of this Guidebook). If the airport has no financial alternative to
agricultural crops to produce income necessary to maintain the viability of the airport,
then the airport shall follow the crop distance guidelines listed in the table titled
"Minimum Distances Between Certain Airport Features and Any On-Airport Agricultural
Crops" found in AC 150/5300-13, Airport Design, Appendix 17. The cost of wildlife
control and potential accidents should be weighed against the income produced by the
on-airport crops when deciding whether to allow crops on the airport.
Livestock production and confined livestock operations (i.e., feedlots, dairy operations, hog
or chicken production facilities, or egg laying operations) often attract flocking birds, such as
starlings, that pose a hazard to aviation. Therefore, the FAA recommends against such
facilities within the separations identified in Sections 1-2 through 1-4. Any livestock
operation within these separations should have a program developed to reduce the
attractiveness of the site to species that are hazardous to aviation safety. Free-ranging
livestock must not be grazed on airport property because the animals may wander onto the
AOA. Furthermore, freshly disturbed earth, livestock feed, water, and manure may attract
birds.
The AC goes on to describe aquaculture activities and alternative uses of agricultural lands
that may also attract wildlife species that are hazardous to aviation safety. Ultimately, if an
agricultural activity on or near an airport is in question it should be reviewed by a qualified
airport wildlife biologist to determine the risk to aviation safety.
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Section 3 Natural Resources
Public Use Parks
The presence of public use parks on airport property (such as public viewing areas) may also
attract hazardous wildlife species. When creating public use areas on airport property the
airport manager should consider the potential for the site to attract wildlife. Preserving and
enhancing natural habitats, providing trash containers, and the public feeding of birds and
other wildlife are all activities that could attract hazardous wildlife to the park site. As with
agricultural uses, the benefits of having a park site on airport property must be weighed
against the potential increased wildlife hazard risk.
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SECTION 3.5 WILDLIFE HAZARD MANAGEMENT
About the Issue
“Aircraft collisions with wildlife, or wildlife strikes, annually cost the civil aviation industry in
the USA at least $500 million in direct damage and associated costs and over 500,000 hours of
aircraft down time.”5
More importantly, there is also the potential for loss of human life when
aircraft crash as a result of a wildlife strike.
A wildlife hazard according to FAR Part 139.5 “means a potential for a damaging aircraft
collision with wildlife on or near an airport. [And] wildlife includes feral animals and domestic
animals out of the control of their owners.”
Not all wildlife species are equally hazardous to aircraft operation. Whether wildlife may be
hazardous is dependent on their size, numbers, and behavior. Utilizing the National Wildlife
Strike Database a list of the top 25 most hazardous wildlife species groups to aviation has been
developed6
. This list is found in the FAA Advisory Circular 150/5200-33B, Hazardous Wildlife
Attractants On or Near Airports.
Applicability
All public use airports in Florida fall under Florida Statutes Title 25 Chapter 333 with regards to
the management of hazardous wildlife. This includes general aviation airports and commercial
service airports. However, if you are a commercial service airport and hold an Airport
Operating Certificate issued under Title 14 CFR Part 139 your airport must comply with the
wildlife hazard management requirements of Part 139. Since this handbook is geared toward
general aviation facilities, Part 139 requirements are not discussed in detail. For more
5 Taken from “Wildlife Hazard Management at Airports: A Manual for Airport Personnel”, 2nd Edition, July 2005 6 Details on how wildlife species were ranked are found in the Special Report for the FAA “Ranking the Hazard Level of Wildlife Species to Civil Aviation in the USA: Update #1, July 2, 2003”.
About the Issue Deterrent Activities & BMPs
Applicability Agencies and Regulations Airport Perspective Where to Get More Information
WHA & WHMP
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Section 3 Natural Resources
information on specific FAR Part 139 requirements, please see the “Where to Get More
Information” section below for helpful internet links.
If your general aviation airport (not an FAR Part 139 certificate airport) receives Federal grant-
in-aid assistance you must comply with the Federal Aviation Administration (FAA) ACs with
regards to the management of hazardous wildlife. The most commonly referrenced AC for
wildlife hazard management is FAA AC 150/5200-33B “Wildlife Hazard Attractants on and Near
Airports.” A copy of this AC is available at the following website:
http://wildlife-mitigation.tc.faa.gov/wildlife/certalerts.aspx
If you are not a FAR Part 139 certificate airport AND your airport does not receive Federal
grant-in-aid assistance then addressing hazardous wildlife issues on your airport should be
assessed as a risk/liability issue.
Airport Perspective
General aviation airports are faced with multiple challenges when it relates to wildlife hazard
management. While not regulated under FAR Part 139 for wildlife hazard assessment
thresholds and management plans, general aviation airports who receive federal grant-in-aid
from the FAA are required to comply with FAA AC 150/5200-33B. This AC sets separation
criteria for wildlife hazard attractants to the airport operation area. These separation criteria
include the following distances from the AOA:
• 5,000 feet for facilities that have piston powered aircraft operations
• 10,000 feet for facilities with turbine powered aircraft operations
• 5 miles for departing, arriving, and encircling aircraft
Other considerations include fencing the AOA for exclusion of wildlife on the airfield, having
staff or the ability to hire entities that can deter and remove wildlife from the airport, and
having qualified staff/manpower to assess wildlife utilization on the airport.
Wildlife Hazard Assessments (WHA) & Wildlife Hazard Management Plans (WHMP)
Non-certificated airports (under FAR Part 139) are not currently required to conduct a WHA or
implement a WHMP, but may choose to do so as a means of evaluating the airport’s potential
wildlife hazards and formalizing a plan to address those hazards. General aviation airports that
undertake on WHAs and WHMPs do so primarily to address safety and or liability issues at
their specific airport. The following information provides airport managers with an overview of
the major elements included in a WHA and WHMP as described in FAR Part 139.
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FAR Part 139.337 states that an airport must initiate a WHA when they meet one of the
following thresholds when an air carrier aircraft experiences a multiple bird strike, ingestion of
a bird, sustains substantial damage, or if wildlife in the area are in size or number to potentially
cause one of these events. Again, while this guidance applies specifically to FAR Part 139
certificate airports, it can be adapted for use by general aviation airports with potential wildlife
concerns.
The elements of a WHA include (FAR Part 139.337 (c)):
• An analysis of the events or circumstances that prompted the assessment.
• Identification of the wildlife species observed and their numbers, locations, local
movements, and daily and seasonal occurrences.
• Identification and location of features on and near the airport that attract wildlife.
• A description of wildlife hazards to air carrier operations.
• Recommended actions for reducing identified wildlife hazards to air carrier operations.
The main elements of a WHMP include (FAR Part 139.337 (f)):
• Identification of responsible individuals for implementing the plan.
• A priority list of actions identified in the WHA, including target dates for completion, to
deal with wildlife population management, habitat modification; and potential land use
changes (when applicable).
• A list of all local, State, and Federal wildlife control permits required (copies of issued
permits).
• Identification of the resources the airport will utilize to implement the plan.
• Procedures to be followed during aircraft operations including designating personnel
responsible for implementing the procedures; inspection of the airfield and other areas
pertinent to wildlife hazard management, wildlife hazard control measures; and
communication protocols with wildlife management personnel and the air traffic
control tower.
• Provisions to review the WHMP annually.
• Provisions/documentation for training wildlife management personnel.
Both WHA and WHMP documents are coordinated and or approved by the FAA for FAR Part
139 airports. Currently, there is no mechanism for FAA to approve general aviation airport
WHA or WHMP documents. Contact your local FAA ADO office if you have any questions.
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Figure 3.5-2 Pyrotechnics
Figure 3.5-3 Predator based deterrence – Border collie
Exclusionary Devices, Deterrent Activities, and BMPs
Even without a WHA or WHMP, many airports take measures to manage wildlife or potential
wildlife hazard attractants. Airport managers can employ exclusionary devices, actively deter
wildlife, and take steps to decrease the attractiveness of certain areas to wildlife.
Exclusion
Exclusionary devices include fences and devices placed on permanent structures which create
a barrier to deter wildlife from entrance or movement in certain areas. Exclusionary devices
include the following:
• Perimeter fencing – To deter deer from an airfield, it is recommended that fencing be
10-12 feet tall and topped with 3 rows of barbed
wire. In some cases the fence should be buried or
solid footer installed to deter burrowing wildlife
(see FAA Certalert No. 04-16 for more
information).
• Exclusionary devices on eaves or overhangs of
buildings/hangars.
• Grates installed on drainage culverts.
• Bird Spikes or “Spiders” to prevent perching on
light poles and other structures (see Figure 3.5-1).
Deterrent Activities
Deterrent activities involve active management of wildlife and include:
• Pyrotechnics (examples include shotgun or
handgun propelled screamers and bangers)
• Predator based deterrence (examples include
border collie and falconry programs)
• Bioacoustics (such as sound cannons)
• Visual frightening devices (examples include
animal effigies and stationary hovering devices)
• Trapping and relocating
• Lethal control as a last resort
Figure 3.5-1 Exclusionary device- wire on lighting
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There are state and federal regulations regarding the harassment and take of wildlife,
particularly with protected species. Airport personnel must ensure the correct permit(s) are
obtained to conduct all of the deterrent activities implemented. The U.S. Department of
Agriculture (USDA) Wildlife Services is available to assist with all aspects of hazardous wildlife
deterrence; their regional contact information is provided later in this section.
Best Management Practices
• Participate in reviewing the design of proposed projects on and near the airport to
ensure the development will not create a hazardous wildlife attractant.
• Recommend compatible landscaping plants for on and near-airport projects that will
not create a hazardous wildlife attractant (see Section 3.6 for more information on Off-
Airport Wildlife Hazard Issues).
• Evaluate the mowing practices at your airport and modify if necessary to reduce the
wildlife attractant.
• Educate tenants on BMP’s they can implement to reduce the wildlife hazard.
• Ensure storm water management systems are designed to avoid attracting hazardous
wildlife.
• Keep trash receptacles covered at all times.
• React promptly when a new wildlife hazard occurs, such as a sudden influx of birds, to
determine the cause of the hazard and alleviate it as soon as possible.
Agencies and Regulations
State of Florida
Florida Statute Title XXV Chapter 333.03 Power to adopt airport zoning regulations section
(2)(b) – discusses landfills as potential attractants for hazardous bird movements and gives
airports the opportunity to report on whether a new landfill should incorporate bird
management techniques or other practices to minimize bird hazards to airborne aircraft. This
statute applies to all public airports in the State of Florida.
In 2009, Florida passed new legislation related to wildlife hazard management at airports.
Senate Bill 1864 entitled the “Airline Safety and Wildlife Protection Act of Florida” was adopted
in 2009. Changes and updates were made in the Florida State Statutes (F.S.) and Florida
Administrative Code (F.A.C). Florida Statute Title XXVIII Chapter 379.2293 “Airport activities
within the scope of a federally approved wildlife hazard management plan or a federal or state
permit or other authorization for depredation or harassment” provides new state guidance for
airports. The F.A.C. was updated to include the following rule: Rule: 68A-9.012 “Take of
Wildlife on Airport Property” which “allows airports to take wildlife that pose a safety hazard
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Section 3 Natural Resources
to aircraft and humans. This rule consolidates other existing rules and proposes allowing take
without a permit in certain circumstances.”7
Website links to both of these items is provided
in the “Where to Get More Information” section.
Federal Aviation Administration
Title 14 CFR Part 139.337: Part 139 describes the steps all certificated airports must take to
alleviate wildlife hazards whenever they are detected. This only applies to certificated airports,
not general aviation airports.
FAA Advisory Circular 150/5200-33B, Hazardous Wildlife Attractants On Or Near Airports:
The purpose of this AC is to provide guidance on certain land uses that have the potential to
attract hazardous wildlife on or near public-use airports. It also discusses airport development
projects (including airport construction, expansion, and renovation) affecting aircraft
movement near hazardous wildlife attractants.
• Certificated airports may use the standards, practices, and recommendations
contained in this AC to comply with the wildlife hazard management requirements of
Part 139.
• Airports that have received Federal grant-in-aid assistance must use these standards.
• The FAA recommends the guidance in this AC for non-certificated airports.
FAA Certalerts:
FAA Certalerts provide additional information on hazardous wildlife management at airports.
The intent of Certalerts is advisory, cautionary and non-directive. Applicable FAA Certalerts
include:
• Certalert No. 98-05: Grasses Attractive To Hazardous Wildlife
• Certalert No. 04-09: Relationship Between FAA and Wildlife Services
• Certalert No. 04-16: Deer Hazard to Aircraft and Deer Fencing
• Certalert No. 06-07: Requests by State Wildlife Agencies to Facilitate and Encourage
Habitat for State-Listed Threatened and Endangered Species and Species of Special
Concern on Airports.
FAA & USDA Wildlife Hazard Management at Airports: A Manual for Airport Personnel:
The Second Edition of this manual was prepared by the FAA and USDA and finalized in July
2005. This manual provides information to assist airport personnel in conducting WHA’s and in
the development, implementation and evaluation of WHMP’s. This is an excellent resource
that thoroughly explains the broad ranging and complex issue of wildlife hazard management.
7 Source: FWC
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Section 3 Natural Resources
It is available online at the FAA Airport Wildlife Hazard Mitigation site for which the website
link is provided later in this section.
FAA Strike Reporting:
Collisions between wildlife and aircraft are commonly known as wildlife strikes. The FAA
actively encourages the voluntary reporting of wildlife strikes. AC 150/5200-32A Reporting
Wildlife Aircraft Strikes, explains the process and importance of reporting wildlife strikes.
Interagency Memorandums:
There is a Memorandum of Agreement (MOA) with the FAA, the U.S. Air Force, the U.S. Army,
the U.S. Environmental Protection Agency, the U.S. Fish and Wildlife Service, and the U.S.
Department of Agriculture that addresses aircraft-wildlife strikes. The MOA recognizes each
agency’s role in this issue and how their efforts can minimize risks to aviation and human
safety, while protecting environmental resources.
There is also a Regional Memorandum of Understanding (RMOU) between the FAA and the
agencies listed above, that also addresses aircraft-wildlife strikes but specifically for the
Southern Region of the United States.
The Memorandum of Understanding (MOU) between the FAA and USDA Wildlife Services,
effective 27 June 2005, continues the cooperation between these two agencies for mitigating
wildlife hazards to aviation.
Where to Get More Information
The following website is the most comprehensive source of information for Airport Wildlife
Hazard Mitigation. It contains links to all the AC’s, Certalerts and the Manual mentioned in this
section:
http://wildlife-mitigation.tc.faa.gov/wildlife/default.aspx
The following link provides information on FAR Part 139 Certification of Airports. Refer to
§139.337 for wildlife hazard management:
http://www.faa.gov/airports/airport_safety/part139_cert/
State of Florida Department of Transportation – Aviation Section:
http://www.dot.state.fl.us/aviation/
Florida Statutes, Chapter 333 – Airport Zoning:
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Section 3 Natural Resources
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0333/titl0
333.htm&StatuteYear=2007&Title=%2D%3E2007%2D%3EChapter%20333
Florida Statutes:
http://www.leg.state.fl.us/Statutes/
Florida Administrative Code:
https://www.flrules.org/
USDA Wildlife Services Florida Office:
Florida Wildlife Services State Director
2820 East University Avenue
Gainesville, FL 32641
Phone: (352) 377-5556
Toll Free: 1-866-4USDAWS
FAX: (352) 377-5559
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SECTION 3.6 OFF AIRPORT WILDLIFE HAZARD ISSUES
About the Issue
“Although airports have a large selection of tools to use in managing what occurs on their
property, they have fewer tools to use when wildlife issues involve land uses off their property
but in their vicinity. Local realities outside of an airport’s control—including local zoning
practices, construction and land development permitting procedures, and limited lines of
communication between off-airport developers and nearby airports—can result in the
construction of wildlife attractants—such as stormwater facilities, ponds, or wildlife attracting
vegetation—near airports. In other cases, airports are sited near or adjacent to wildlife
refuges, parklands, or open water—all of which can attract wildlife.”8
Certain types of land uses are attractive to hazardous wildlife (see Section 3.5 for more
information on hazardous wildlife). The presence of these land uses adjacent to or near your
airport could create a hazard to aircraft operations.
The following is a list of land uses or off-airport issues that could affect GA airports:
Stormwater facilities Wildlife refuges Agricultural activities
Ponds Parklands Golf courses
Natural areas Landfills Picnic facilities
Wildlife attracting vegetation
Dredge spoil containment areas
Events with outdoor food vending
Airport Perspective
State of Florida:
Most general aviation airports fall under State regulations regarding their establishment and
operations. In the Florida Statutes, Chapter 333.02, Airport hazards and uses of land in airport
vicinities contrary to public interest, the placement of land uses that may attract hazardous 8 ACI-NA, “Wildlife Hazard Management-What Airports are doing to reduce the Risks”, white paper, Chris Oswald and Jessica Steinhilber. http://aci-na.org/static/entransit/Wildlife_Management_Brief_January_2009_FINAL.pdf
About the Issue Where to Get More Information Airport Perspective
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Section 3 Natural Resources
wildlife in the vicinity of an airport are defined as incompatible with airports and are regulated
to ensure public health and safety and safe airport operations. Chapter 333.03 “Power to
adopt airport zoning regulations,” goes on to define those land uses that are incompatible with
airports.
Federal Aviation Administration: According to the FAA Advisory Circular (AC) 150/5200-33B,
Hazardous Wildlife Attractants on or near Airports, certain airports have a responsibility to
comment on off-airport land uses that may attract hazardous wildlife. Section 3.5 of this
Guidebook, Wildlife Hazard Management, explains the criteria that establish which airports
have this responsibility.
The following is adapted from AC 150/5200-33B:
a. Airports that have received Federal grant-in-aid assistance. Airports that have
received Federal grant-in-aid assistance are required by their grant assurances to take
appropriate actions to restrict the use of land next to or near the airport to uses that
are compatible with normal airport operations. The FAA recommends that airport
operators to the extent practicable oppose off-airport land-use changes or practices
within the separations identified in Sections 1-2 through 1-4 that may attract
hazardous wildlife. Failure to do so may lead to noncompliance with applicable grant
assurances. The FAA will not approve the placement of airport development projects
pertaining to aircraft movement in the vicinity of hazardous wildlife attractants without
appropriate mitigating measures. Increasing the intensity of wildlife control efforts is
not a substitute for eliminating or reducing a proposed wildlife hazard. Airport
operators should identify hazardous wildlife attractants and any associated wildlife
hazards during any planning process for new airport development projects.
The separation distances referred to above are described in the table below:
Airport type Separation distance
Prohibited activity
Serving piston-powered aircraft (normally does not sell Jet-A fuel)
5,000’ This distance is to be maintained between an airport’s AOA and the hazardous wildlife attractant.
Serving turbine-powered aircraft (sells Jet-A fuel)
10,000’ This distance is to be maintained between an airport’s AOA and the hazardous wildlife attractant.
All airports 5 statute miles This distance is to be maintained from the outermost edge of the AOA, if the attractant could cause hazardous wildlife movement into or across the approach or departure airspace.
FAC General Aviation Environmental Resource Guide Book 57 July 2011
Section 3 Natural Resources
There is additional guidance provided by the FAA specifically in regards to the creation or
expansion of landfills in AC 150/5200-34, Construction or Establishment of Landfills near
Public Airports. This AC defines a public airport and instructs persons considering
construction or establishment of a new municipal solid waste landfill (MSWLF) to contact the
FAA to determine if an airport within six statute miles of the new MSWLF meets the public
airport criteria.
Where to Get More Information
U.S. Department of Transportation, Federal Aviation Administration, Advisory Circular 150/5200-33B Hazardous wildlife attractants on or near airports: http://www.faa.gov/documentLibrary/media/advisory_circular/150-5200-33B/150_5200_33b.pdf U.S. Department of Transportation, Federal Aviation Administration, Advisory Circular 150/5200-34 Construction or establishment of landfills near public airports: http://rgl.faa.gov/REGULATORY_AND_GUIDANCE_LIBRARY/RGADVISORYCIRCULAR.NSF/0/396ed9dcf150fae186256d800065623a/$FILE/150-5200-34.pdf State of Florida Department of Transportation – Aviation Section: http://www.dot.state.fl.us/aviation/ Florida Statutes, Chapter 333 – Airport Zoning: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0333/titl0333.htm&StatuteYear=2007&Title=%2D%3E2007%2D%3EChapter%20333
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Section 3 Natural Resources
FAC General Aviation Environmental Resource Guide Book 59 July 2011
Section 4 Hazardous Waste & Remediation
SECTION 4.0 INTRODUCTION - HAZARDOUS WASTE & REMEDIATION
Issues related to fuel spills, past users that handled fuel or other hazardous materials on-site,
and other potential hazardous waste materials present challenges for general aviation airport
managers that may need to be addressed. These may include the disposal of hazardous waste
or universal/recycled waste and petroleum site remediation.
Section 4.1, Hazardous Waste provides the user a working definition of hazardous waste,
generator status and labeling guidance.
Even with safeguards in place at your airport, you may encounter the requirement to
remediate soil and/or groundwater on site. This could be the result of past activities on the
airport or off the airport, a single incident spill, or the result of a storage tank leaking over
time. A description of the requirements and phases of Petroleum Site Remediation can be
found in Section 4.2.
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FAC General Aviation Environmental Resource Guide Book 61 July 2011
Section 4 Hazardous Waste & Remediation
SECTION 4.1 HAZARDOUS WASTE
About the Issue
Hazardous waste is defined as a waste which meets the characteristics of a hazardous waste or
a listed hazardous waste under 40 CFR 261. Hazardous wastes must be labeled, stored, and
disposed of properly by a licensed hazardous waste hauler.
Airport Perspective
Nearly every airport has the potential to generate hazardous waste, especially if the airport has
maintenance activities. Even the fluorescent light bulbs are considered hazardous unless they
are stored and recycled properly.
Definitions
Characteristic hazardous wastes: determined by looking at the Material Safety Data Sheet
(MSDS) for the following characteristics:
Corrosivity - if any of the following are met:
• A liquid having a pH ≤ 2 or ≥ 12.5
• A liquid that corrodes steel at a rate greater than 6.35 mm per year
Ignitability - if any of the follow are met:
• A liquid is more than 24% alcohol by volume
• Has a flashpoint of less than 140° F
• Can ignite through friction, moisture absorption or spontaneous chemical changes
• Is an ignitable compressed gas (defined in 40 CFR 173.300)
• Is an oxidizer (defined by 40 CFR 173.151)
Reactivity - if any of the following are met:
• Unstable and readily undergoes violent change without detonation
• Reacts violently with water
• Forms potentially explosive mixtures with water
About the Issue Generator Status
Airport Perspective Labeling Definitions Where to Get More Information
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Section 4 Hazardous Waste & Remediation
• Cyanide or sulfide bearing waste, when between 2 and 12.5 pH generates toxic gases
• Is capable of detonation or explosive decomposition at standard temperature and pressure
• Is a forbidden explosive (defined by 40 CFR 173.51,173.53, and 173.88)
Toxicity: A waste which exceeds the maximum concentration of any of the 39 contaminants in
40 CFR 261.24, table 1, using the Toxicity Characteristic Leaching Procedure (TCLP).
Listed Hazardous Waste: A hazardous waste as listed in 40 CFR 261 subpart D. Most listed
hazardous wastes are generated from specific industries and usually do not apply to airport
operations. However, it is important to refer to this subpart if a waste at your facility cannot
be defined under a characteristic waste.
Generator Status
Hazardous waste generators are divided into three categories: conditionally exempt small
quantity generators, small quantity generators, and large quantity generators.
No matter what your generator status, be sure to keep all hauling records on site for a
minimum of three years.
1. Conditionally Exempt Small Quantity Generator (CESQG) - Generate 220 pounds (100 kilograms) or less of hazardous waste per month, you are considered a CESQG.
o Does not require a hazardous waste generator ID number. o Stored waste can only remain on site for a maximum of 90 days before being
hauled. The 90 day period begins once a maximum of 220 lbs of accumulated waste is reached.
2. Small Quantity Generator (SQG) - Generate more than 220 pounds (100 kilograms) but
less than 2200 pounds (1000 kilograms) of hazardous waste per month.
o Does require a hazardous waste generator ID number. o Once labeled, stored waste can only remain on site for a maximum of 180 days
before being hauled.
3. Large Quantity Generator (LQG) - Generate 2200 pounds (1000 kilograms) or more of hazardous waste in any calendar month. o Does require a hazardous waste generator ID number. o Once labeled, stored waste can only remain on site for a maximum of 90 days
before being hauled.
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Section 4 Hazardous Waste & Remediation
Labeling
The following sheet provides guidance on labeling hazardous waste.
**SPECIAL NOTE: For wastes that are recycled (i.e., Used Oil, Used Antifreeze, etc.), DO NOT label “Hazardous Waste”. These wastes and others are NOT considered hazardous waste when destined for recycling.
Where to Get More Information: Most counties have an SQG compliance assistance program. A link to these programs can be found
at the following websites:
State of Florida website: http://www.dep.state.fl.us/waste/quick_topics/publications/shw/hazardous/CountyContactsforWeb.pdf
USEPA RCRA Site: http://www.epa.gov/osw/inforesources/online/index.htm
Hazardous Waste Generator Application: http://www.dep.state.fl.us/waste/quick_topics/forms/documents/62-730/730_1b.pdf
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FAC General Aviation Environmental Resource Guide Book 65 July 2011
Section 4 Hazardous Waste & Remediation
SECTION 4.2 REMEDIATION
About the Issue
Spill reporting was discussed in Section 1.3. Once a spill is reported, there are actions that
need to be taken within a certain amount of time under 62-770 FAC “Petroleum Contamination
Site Cleanup Criteria.” The required reporting time is dependent on the spill amount (volume),
where the spill occurs, and where the spill goes once it hits the ground.
Airport Perspective
Nearly every airport has a petroleum product discharge at some point during the course of
normal operation. If proper reports are not made within the time periods promulgated in 62-
770 FAC, FDEP can levy fines of up to $10,000 per day, per violation. When it comes to spills
associated with a tank system, even if the tanks are owned and operated by a tenant, an
airport can be held responsible for the spill and associated clean up if the airport is the
landowner.
Acronyms
CTL: Cleanup Target Level
GCTL: Groundwater Cleanup Target Level
ISR: Interim Source Removal
ISRR: Interim Source Removal Report
NADSC: Natural Attenuation Default Source Concentration
NAMP: Natural Attenuation Monitoring Plan
NFA: No Further Action
RAP: Remedial Action Plan
SAR: Site Assessment Report
SCTL: Soil Target Cleanup Level
SRCO: Site Rehabilitation Completion Order
SRR: Source Removal Report
About the Issue Notifications
Airport Perspective Activity and Reporting Timelines Acronyms Where to Get More Information
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Section 4 Hazardous Waste & Remediation
Notifications
The local FDEP office must be notified within 72 hours for the following activities:
• Interim Source Removal
• Installation of monitoring or recovery well(s)
• Performing sampling
• Installation of remediation equipment
• Installing an engineering control
This information can be found in 62-770.220(1) FAC.
Activity and Reporting Timelines
Interim Source Removal (ISR)
• Within 3 days of discovery or report of a spill, the responsible party shall take steps to obtain cleanup services for source removal. Full information on the definition of ISR can be found in 62-770.300 FAC.
• Within 10 days of initiation of ISR, the responsible party shall notify FDEP on Form 62-770.900(1).
• Within 60 days of completion of ISR activities, the responsible party shall submit two copies of the ISRR to the local FDEP for review.
• If NFA criteria are met, a SRR may be submitted in lieu of the ISRR.
• The FDEP must respond to the ISRR within 60 days.
• If the report is insufficient, the responsible party must respond with an ISRR Addendum within 60 days.
Site Assessment
• Within 30 days of the initial incident, the responsible party shall initiate a site assessment. This will need to be initiated whether or not ISR activities are being performed. Site assessment criteria can be found in 62-770.600 FAC.
• Within 270 days of the incident, the responsible party shall submit a SAR to FDEP. The report needs to be signed and sealed by a registered PG or PE.
• The FDEP must respond to the SAR within 60 days, with either approval of NFA, approval of NAMP, approval of a Risk Assessment or address insufficiencies within the report.
• Any deficiencies must be addressed in a SAR Addendum within 60 days of FDEP response.
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Section 4 Hazardous Waste & Remediation
Remedial Action Plan
• Within 90 days of approval of a SAR with Risk Assessment, the responsible party must submit a RAP to the FDEP.
• FDEP has 60 days to respond to the RAP.
• If FDEP approves the RAP, the responsible party must begin implementing the RAP within 120 days.
• If FDEP finds deficiencies in the RAP, the responsible party must respond with a RAP Addendum within 60 days.
Natural Attenuation Monitoring
• If the site is above GCTLs but below NASDC thresholds, the responsible party may propose a NAMP instead of active remediation. The full criteria for meeting the requirements for NAM can be found in 62-770.690.
• If FDEP accepts the NAMP in the SAR, the responsible party must implement NAM within the timeline provided in the plan.
• It there are deficiencies, FDEP must respond to the NAMP within 60 days
• Any deficiencies must be addressed in a NAMP Addendum within 30 days of FDEP response.
Whether the site is under a RAP or an NAMP, the ultimate goal is to receive an NFA or a SRCO.
At that time, the site will be considered to be fully remediated. Where to Get More Information
Petroleum Contamination Site Cleanup Criteria: http://www.dep.state.fl.us/waste/quick_topics/rules/documents/62-770.pdf
GCTLs/SCTLs: http://www.dep.state.fl.us/waste/quick_topics/rules/documents/62-777/TableIGroundwaterCTLs4-17-05.pdf http://www.dep.state.fl.us/waste/quick_topics/rules/documents/62-777/TableIISoilCTLs4-17-05.pdf
NADSCs: http://www.dep.state.fl.us/waste/quick_topics/rules/documents/62-777/TableVNaturalAttenuationDefaultConcs4-17-05.pdf
Form 62-770.900(1) FAC: http://www.dep.state.fl.us/waste/quick_topics/forms/documents/62-770/770_1.pdf
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FAC General Aviation Environmental Resource Guide Book 69 July 2011
Section 5 NEPA
SECTION 5.0 NEPA SECTION 5.1 NATIONAL ENVIRONMENTAL POLICY ACT (NEPA)
About the Issue The National Environmental Policy Act of 1969 (NEPA) and the implementation rules set forth
by the Council on Environmental Quality (CEQ) provide the regulatory foundation for federal
agencies to review proposed federal projects or federally funded projects to address potential
environmental impacts. NEPA requires federal agencies to incorporate environmental
considerations into their planning and decision-making through a systematic interdisciplinary
approach.9
Airport Perspective Public use airports regulated under FAR Part 139 or who receive federal funding are subject to
NEPA review for certain projects or planning efforts associated with airport development and
operations. By integrating environmental review into planning efforts, even if NEPA review
isn’t required, airports can make necessary accommodations to address environmental issues
specific to their surroundings.
Airport Sponsors should be aware that a wide range of environmental topics are covered under
NEPA. When a project has the potential to impact one of more of the resource areas outlined
in Table 5.1-1, further investigation should occur to determine if NEPA review is required
9 http://www.epa.gov/oecaerth/resources/faqs/nepa/index.html)
About the Issue CatEx, EA, EIS Airport Perspective Where to Get More Information
Agencies and Regulations
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Section 5 NEPA
Agencies and Regulations FAA is normally the lead federal agency for the review and final approval of a NEPA
document associated with an airport action. FAA has developed two main regulatory
documents and one guidance document to guide the NEPA process:
1. US DOT, FAA Order 1050.1E Policies and Procedures for Considering Environmental
Impacts (Updated January 14, 2009)
2. USDOT FAA National Environmental Policy Act Implementation Instructions for airport
Actions (Updated January 14, 2009)
3. FAA Environmental Desk Reference for Airport Actions (October 2007)
There are three levels of NEPA review that can be completed by the airport sponsor/FAA.
1. Categorical Exclusion (CAT EX) – the airport sponsor prepares a CATEX document for the
proposed project. A list of identified airport actions that normally do not result in
Table 5.1-1 Environmental Resource Categories
• Air Quality
• Biotic Resources
• Coastal Barriers
• Coastal Zone Management
• Compatible Land Use
• Construction Impacts
• Department of Transportation
Act: Section 4(f)
• Federally-listed Endangered
and Threatened Species
• Energy Supplies, Natural
Resources, and Sustainable
Design
• Environmental Justice
• Farmlands
• Floodplains
• Hazardous Materials,
• Historic, Architectural, Archaeological and Cultural Resources
• Induced Socioeconomic
• Light Emissions and Visual Impacts
• Noise
• Social Impacts
• Solid Waste
• Water Quality
• Wetlands
• Wild and Scenic Rivers
• Cumulative Impacts
Source: FAA Environmental Desk Reference for Airport Actions (2007)
FAC General Aviation Environmental Resource Guide Book 71 July 2011
Section 5 NEPA
environmental impacts or impacts related to special purpose laws is located within FAA
Order 5050.4B under Table 6-1 “Airport-specific Categorical Exclusions Unlikely to Involve
Extraordinary Circumstances. Additionally, in order to qualify for a CATEX, a project must
be included in the list of CATEX categories identified in Chapter 3 of FAA Order 1050.1E.
The Orlando FAA ADO office has developed a CATEX Checklist to help airport sponsors
prepare CATEX documents. The checklist provides a good starting place for airports to
determine if their project can be reviewed at a CATEX level. A copy of this checklist is
provided in Appendix G.
2. Environmental Assessment (EA) – The airport sponsor prepares this document. The
first step in the process is to define the purpose and need for the project as well as any
reasonable alternatives. The alternatives are then screened and the remaining
alternatives are carried through an environmental review process. Potential impacts
resulting from the proposed action are defined as are any mitigation requirements.
The draft document is issued for public comment and review. The final document is
issued after receipt of Agency and public review comments have been addressed and
the FAA has made an environmental finding on the document.
3. Environmental Impact Statements (EIS) –The FAA is the lead for EIS level review. The
EIS includes the elements of an EA but is undertaken when a known significant impact
will occur or there are issue such as public concerns with the project are significant
under NEPA significance criteria. An EIS typically requires increased analysis and
coordination compared to an EA. An EIS is managed by the FAA, not the Airport
Sponsor.
The FAA Environmental Desk Reference is a valuable guide in evaluating impacts and
determining significance during both the EA and EIS process.
Where to Get More Information
FAA Order 1050.1E and FAA Order 5050.4B can be downloaded from the FAA website:
http://www.faa.gov/regulations_policies/orders_notices/index.cfm?fuseAction=c.dspDocume
ntList\
A copy of the FAA Environmental Desk Reference can be downloaded from the FAA website:
http://www.faa.gov/airports/environmental/environmental_desk_ref/
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Section 5 NEPA
FAC General Aviation Environmental Resource Guide Book 73 July 2011
Section 6 Air Quality
SECTION 6.0 AIR QUALITY SECTION 6.1 AIR QUALITY
About the Issue
Air quality issues at airports often arise from operating fossil fuel burning engines found on
aircraft, ground vehicles, generators, and other equipment. Other sources of potential air
quality concerns arise from construction activities and stationary sources including petroleum
storage tanks (see section 6.2 Construction and Operation Permits).
Airport Perspective
General Aviation airports have a variety of stakeholders and users that can contribute to air
emissions on an airport. Many GA facilities include aircraft operations from fixed base
operators, commuter airline services, private operators, and training operations. Other
emission sources may include ground vehicles, maintenance machinery, industrial activities
from tenants, and construction projects. As the manager of the airport it is important to take a
holistic approach to looking at air emissions at your airport and the potential air quality
concerns that need to be addressed.
The first step in addressing air quality issues at your airport is to determine if your airport is in
“attainment” or “nonattainment” with the National Ambient Air Quality Standards (NAAQS)
established by the Clean Air Act (as amended in 1990).
• Attainment – if your airport is in an attainment area, then your facility is in an area in
compliance with NAAQS. New construction projects, increases in operational activity,
or new sources of potential air pollutants associated with your airport should be
reviewed to make sure compliance with NAAQS will be maintained through the
implementation of the action.
• Non-Attainment – if your airport is in a non-attainment area, then your facility is in an
area that is not in compliance with NAAQS. In this case, your area is most likely
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74
Section 6 Air Quality
working under the guidance of a State Implementation Plan (SIP). The SIP is developed
to provide a working structure to decrease levels of pollutants to levels in compliance
with NAAQS.
• Maintenance – if your airport is in area formerly classified as non-attainment which
now meets NAAQS, that area may be designated as a maintenance area. Maintenance
areas must have a 10 year plan as part of a SIP for continuing to meet the NAAQS. The
associated SIP may have certain requirements that could influence airport operations.
Currently, many areas in Florida are in attainment areas but new and revised regulations
regarding NAAQS are being introduced by the EPA and pollutant information is being updated
regularly so these designations may change.
Lead
Many general aviation facilities maintain and operate aircraft fueling activities and storage on
their airport. 100LL AvGas, the fuel used by nearly all piston powered general aviation aircraft,
contains lead which is a criteria pollutant under NAAQS. AvGas has been suggested to
contribute up to 50% of all airborne lead in the U.S. New standards for monitoring airborne
lead levels were put in place by the EPA Jan 1, 2010. To support its effort in evaluating the
potential health impacts associated with lead generated by piston aircraft. Airport managers
should be aware of monitoring in their area or existing lead concerns.
Agencies & Regulations
On a federal level, the US EPA oversees air quality issues working under the Clean Air Act (as
amended in 1990). One of the main components of the Clean Air Act is to set the national
ambient air quality standards (NAAQS) for the following criteria pollutants:
• Carbon Monoxide • Lead • Nitrogen Dioxide • Particulate Matter 2.5 • Particulate Matter 10 • Ozone • Sulfur Dioxide
The Florida DEP is charged with developing strategies for the state of Florida to meet those
standards.
FAC General Aviation Environmental Resource Guide Book 75 July 2011
Section 6 Air Quality
Where to Get More Information
Florida Department of Environmental Protection: http://www.dep.state.fl.us/Air/ US Environmental Protection Agency: http://www.epa.gov/air/criteria.html
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Section 6 Air Quality
FAC General Aviation Environmental Resource Guide Book 77 July 2011
Section 7 Sustainability and EMS
SECTION 7.0 INTRODUCTION - SUSTAINABILITY AND EMS
Airport sustainability is a management approach to ensure that airports continue to thrive financially, operate efficiently, serve as stewards of the environment, and benefit their surrounding communities. Airport sustainability efforts and needs are unique to each airport operator. Section 7.1 provides an overview of the airport sustainability and best management practices. Environmental Management System (EMS) is a business management practice that allows an organization to address strategically its environmental matters. While EMS efforts are mainly focused on larger airports, elements of an EMS may be appropriate for a general aviation airport. Section 7.2 provides an overview of the EMS program elements.
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FAC General Aviation Environmental Resource Guide Book 79 July 2011
Section 7 Sustainability and EMS
SECTION 7.1 SUSTAINABILITY
About the Issue
Airport sustainability is a management approach to ensure that airports continue to thrive
financially, operate efficiently, serve as stewards of the environment, and benefit their surrounding
communities. In general terms, sustainability is defined as “development that meets the needs of
the present without compromising the ability of future generations to meet their own needs.”10
The Airports Council International-North America (ACI-NA) defines airport sustainability as “a
holistic approach to managing an airport so as to ensure the integrity of the Economic viability,
Operational efficiency, Natural resource conservation, and Social responsibility (EONS) of the
airport.”11
Airport Perspective
Airport Sustainability as a business strategy has both immediate and long-term benefits that can be
measured and when persistently managed, should be rewarded. Airport sustainability is not
regulated on a federal or state level but many airports have either independently or through local
government initiatives taken on sustainable practices and/or sustainable development goals. For
general aviation airports sustainable practices may include12
:
• Building design and construction
• Recycling
• Efficient lighting
• Landscaping – native, drought tolerant plants
• Landscaping - low flow irrigation
• Alternative energy sources
10 The World Commission on Environment and Development (The Brundtland Commission), 1987 (http://www.sustainabilitydictionary.com/). 11 Airport Sustainability: A Holistic Approach to Effective Airport Management, Airports Council International-North America, (http://www.aci-na.org/static/entransit/Sustainability%20White%20Paper.pdf) 12 This section is derived from parts of the Airport Sustainability: A Holistic Approach to Effective Airport Management, Airports Council International-North America.
About the Issue Agencies and Regulations Airport Perspective Where to Get More Information
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Section 7 Sustainability and EMS
Agencies & Regulations
Currently there are no Federal or State of Florida regulations that mandate or govern
sustainability planning at airports.
Where to Get More Information
The Sustainable Aviation Guidance Alliance (SAGA) includes participants from ACI-NA, the
Airport Consultants Council (ACC), the American Association of Airport Executives (AAAE), the
Air Transport Association (ATA), the Federal Aviation Administration (FAA), airport
representatives, and consultants. The purpose of the SAGA is “to assist airports that are
initiating or conducting sustainability programs by consolidating existing guidelines and
practices into a comprehensive, searchable resource that can be tailored to the unique
requirements of individual airports. This resource will be applicable to airports of all sizes and
will encompass all activities, regardless of whether an airport is undertaking a capital
improvements program.”13
Sustainable Aviation Guidance Alliance (SAGA) http://www.airportsustainability.org/ - The FAA is evaluating ways to make sustainability a core objective at every airport by funding long-range planning documents at ten airports around the country through the Sustainable Master Plan Pilot Program. The FAA also funded two airport sustainability studies as precursors to the Sustainable Master Plan Pilot Program, including the Northeast Florida Regional Airport at St. Augustine Sustainability Management Plan. The Pilot Program will end in late 2012, and FAA will use lessons learned to develop national program guidance on airport sustainability. FAA, Office of Airports: Airports Sustainability http://www.faa.gov/airports/environmental/sustainability/ Airports Council International-North America (ACI-NA) - Sustainable Aviation: http://www.aci-na.org/sustainability/index.html ACI-NA - Sustainable Aviation, General Sustainability Links: http://www.aci-na.org/sustainability/general-sustainability-links.html ACI-NA - Sustainable Aviation, Airport Sustainability Initiatives: http://www.aci-na.org/sustainability/sustainability-links.html
13 White Paper: AIRPORT SUSTAINABILITY GUIDELINES, A product of the Sustainable Aviation Guidance Alliance (SAGA).
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Section 7 Sustainability and EMS
Transportation Research Board (TRB), Airport Cooperative Research Program (ACRP) – Synthesis Topic 10, Airport Sustainability Practices: http://onlinepubs.trb.org/onlinepubs/acrp/acrp_syn_010.pdf TRB, ACRP – Report 42, Sustainable Airport Construction Practices: http://www.trb.org/Publications/Blurbs/Sustainable_Airport_Construction_Practices_164240.aspx State of Florida Department of Environmental Protection (DEP) Sustainable Initiatives: http://www.dep.state.fl.us/green/default.htm
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Section 7 Sustainability and EMS
SECTION 7.2 ENVIRONMENTAL MANAGEMENT SYSTEMS (EMS)
About the Issue
An Environmental Management System (EMS) is a business management practice that allows an organization to strategically address its environmental matters.14
This includes compliance with permits and regulations, setting performance standards, record keeping, inspection schedules and logs, record keeping, training requirements, and numerous other factors specific to an airports’ needs. Efficient management of environmental issues is a benefit to organizations, such as airport sponsors, and the customers and communities they serve.
An EMS, includes:
1. Senior management’s commitment to an environmental policy (see Figure 7.2-1). The policy incorporates continual improvement, pollution prevention and compliance with applicable regulations and other requirements.
2. Identifying significant environmental aspects of the organization. Environmental aspects (that is activities, products, or services that impact the environment) are evaluated based on the organization’s rating criteria. Example criteria include: how often they occur, what are the costs and benefits, and legal concerns. Organizations tailor the EMS to their needs.
3. Developing environmental performance goals, objectives, and targets for the significant environmental aspects. The organization customizes environmental management programs to achieve its goals, objectives and targets.
4. Setting up implementation plans (that is, Environmental Management Programs (EMP)) to identify the roles and responsibilities of individuals and resources. Also, schedule and manage the requirements to achieve the plan’s goals. Plan and manage variables that increase an organization’s likelihood of success. For example, operational controls (aka work instructions) ensure that environmental operations are carried out under specified conditions.
5. Checking the status of environmental management programs and evaluating compliance with applicable regulations and other requirements. If the EMP manager notices nonconformity, procedures are in place to ensure the process is properly managed. Finally, the EMS is audited to assess conformance with the organization’s
14 Advisory Circular (AC) 150/5050-8, Environmental Management Systems for Airport Sponsors (9/26/07).
About the Issue Agencies and Regulations
Airport Perspective Where to Get More Information
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Section 7 Sustainability and EMS
policies and procedures as well as the management system to which the organization subscribes (for example, International Organization for Standardization [ISO] 14001).
6. Reviewing audit results and EMS performance with senior management. Senior
management decides and takes actions to address changes to the environmental policy, objectives, and targets and other elements of the environmental management system.
Figure 7.1-1 – The Five Components of an Environmental Management System
Airport Perspective
Airports may choose to set up an EMS for the airport if it meets their goals for managing
environmental issues. The sponsor may limit the scope of the airport EMS to a portion of an
airport’s activities or take a more holistic approach. The EMS may include only the activities
for which the airport has responsibility or it may include all tenant, Fixed Base Operator (FBO)
and airline activities. It is important to identify clearly the scope of the EMS in order to ensure
successful implementation.
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Section 7 Sustainability and EMS
A properly developed and carried out EMS can improve regulatory compliance and
environmental performance. It can increase overall efficiency and accountability, reduce costs
and potential liability, increase employee awareness of environmental responsibilities, and
improve community relations. An EMS adds environmental activities to an organization’s current business structure. It
employs an approach (planning, execution, and measurement) similar to that used in managing
other parts of the business (for example, operations, finance).
While an EMS does not relieve the airport operator of its environmental responsibilities under
Federal, state, and local law, it could reduce the costs and time for processing environmental
analyses. It would provide baseline data and a framework for checking and reporting
compliance with mitigation commitments. 15
Agencies & Regulations
Executive Order 13148: Environmental Management
“The head of each federal agency is responsible for ensuring that all necessary actions are
taken to integrate environmental accountability into agency day-to-day decision making
and long-term planning processes, across all agency missions, activities, and functions.
Consequently, environmental management considerations must be a fundamental and
integral component of federal government policies, operations, planning, and
management. The head of each Federal agency is responsible for meeting the goals and
requirements of this order.” http://www.epa.gov/ems/position/eo13148.htm
U.S. EPA Position Statement on EMS:
“EPA will continue to encourage organizations to design and implement EMSs that improve
compliance, prevent pollution, and integrate other means of improving environmental
performance. EPA is also leading research designed to evaluate the effectiveness of EMSs
in various settings and integrating EMSs into more of its own programs. EPA is evaluating
which EMS elements and applications are most effective and how these management
systems might be used to strengthen environmental programs and policies. This includes
the ongoing efforts to assess the potential financial benefits of EMS adoption and to assess
whether EMSs should play any role in the design of regulatory and permitting programs.”
http://www.epa.gov/ems/docs/positionstatement-20051215.pdf
15 Advisory Circular (AC) 150/5050-8, Environmental Management Systems for Airport Sponsors (9/26/07).
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Section 7 Sustainability and EMS
Federal Aviation Administration
Advisory Circular (AC) 150/5050-8, Environmental Management Systems for Airport Sponsors
(9/26/07):
While not directly applicable to GA facilities, the following FAA Advisory Circular provides
guidance information for public use large and medium hub airports: FAA AC 150/5050-8
Environmental Management Systems for Airport Sponsors
http://www.faa.gov/documentLibrary/media/advisory_circular/150-5050-8/150_5050_8.pdf
Where to Get More Information
ISO, Standard 14000 series and Standard 9000 series (including 19011:03 guidelines for quality and/or environmental management system auditing): http://www.iso.org/ U.S. Environmental Protection Agency’s (EPA) EMS guidance, models, reports and training materials: http://www.epa.gov/ems/
FAC General Aviation Environmental Resource Guide Book 87 July 2011
Section 8 Tenant Environmental Issues & Compliance
SECTION 8.0 TENANT ENVIRONMENTAL ISSUES & COMPLIANCE
Airport’s Perspective From the perspective of most airports, tenants are responsible for the activities that occur within their leasehold area. However, there are times when a tenant may leave or not want to live up to their responsibilities. This can, and has, left airports with the environmental compliance responsibility associated with a leasehold site. Agencies & Regulations Many times, an agency can hold a land owner responsible for activities conducted on their property, even if that property is leased by another business or individual. In Florida, a common example of an agency being able to hold an airport responsible for a tenant’s actions is in the petroleum storage tank regulations. If a tenant is the operator of a petroleum storage tank, but the airport is the owner, and violations associated with the tank occur, the FDEP can hold the airport responsible for any violations associated with that tank. Additionally, if a tenant has a reportable spill of a petroleum product that requires cleanup, the FDEP can fine the land owner airport if the tenant does not conduct the cleanup or does not file required reports with the agencies. The airport’s local Water Management District can also fine a land owner under the ERP rules because, ultimately, the land owner is responsible as the permittee for construction projects. Even if the airport has a lease agreement with the lessee constructing a project, the airport can still be held responsible in the case of any non-compliance with the permit. As has been mentioned previously, both the Water Management Districts and FDEP can assess fines up to $10,000 per day per violation, depending on the severity of the violation. This also does not take into account any fees associated with clean up or other impacts associated with non-compliance.
Airport Perspective Example Lease Language
Agencies and Regulations Where to Get More Information
88
Section 8 Tenant Environmental Issues & Compliance
Example Lease Language
While every airport would like to believe that all tenants will take responsibility for their actions, this does not always occur. Airports need to protect themselves from liability related to the activities of others. This can be addressed via appropriate lease language or through the airport operations manual, through directives or through airport regulations. This section is not meant to replace legal advice, it is only meant to give the airport some ideas on how this issue can be addressed. It is recommended that, before moving forward, the airport’s legal counsel be consulted. Example information is provided below (please consult your properties or legal staff prior to utilizing lease language): Example 1: "Tenant shall be solely liable and responsible for any spill, deposit, emission, disposal, release, generation, transportation, leakage, handling, management, storage, potential or actual impacts or contamination by Hazardous Substances (as defined below), on the Premises that occur after, and may continue during or following, Tenant’s occupancy of the Premises, as established by the baseline determination (“Baseline Determination attached as Exhibit _) established before Tenant began occupancy of the Premises.” Landlord shall have the right, in its sole discretion, to require Tenant to perform periodically to Landlord’s satisfaction (but not more frequently than annually unless an Environmental Complaint shall be then outstanding), at Tenant’s expense, an environmental audit that shall comply in all material respects with the processes prescribed by the American Society for Testing and Materials and, if deemed necessary by Landlord, an environmental risk assessment of: (iii) the Premises; (iv) hazardous waste management practice; and/or (v) hazardous waste disposal sites used by Tenant. Such audit and/or risk assessment must be by an environmental consultant satisfactory to Landlord. If Tenant fails to perform any such environmental audit or risk assessment within thirty (30) days after Landlord’s request, Landlord shall have the right to retain an environmental consultant to perform such environmental audit or risk assessment. All cost and expenses incurred by Landlord in the exercise of such rights shall be deemed additional rent and payable by Tenant on demand.”16
Example 2: Tenant shall be solely liable for compliance with all Federal, State and Local environmental regulations. This includes, but is not limited to all requirements by USEPA, USFWS, USACOE, FDEP, FFWCC, Local State Water Management District and any county department/agency with jurisdiction on the leasehold property. If Tenant fails to comply with any regulatory requirement,
16 From: ENVIRONMENTAL PROVISIONS OF LEASE AGREEMENTS, ELIZABETH M. TAYLOR, DALEY & HEFT, LLP (FAC E&N Conference 2007)
FAC General Aviation Environmental Resource Guide Book 89 July 2011
Section 8 Tenant Environmental Issues & Compliance
all costs and expenses incurred by Landlord to become compliant with any Federal, State or Local environmental agency shall be deemed additional rent and payable by Tenant on demand. Where to Get More Information Lease Language and Other Options, gives airports some ideas on how to move forward and subrogate the possibility of agency action against them. It is recommended that any airport experiencing these kinds of issues contact the FAC Environmental Committee Chair or your fellow GA Airport managers. There is vast experience within the ranks of the committee and the Florida aviation community that are available to discuss ideas, provide examples of past information at other facilities, and through committee involvement, work together to solve common interest challenges. Please contact: The FAC Main Office (850) 224-2964
Appendices
Appendix A FDEP Storage Tank Registration Form 62-761.900(2)
Submit a completed form for the facility when registration of storage tanks or compression vessels is required by Chapter 376.303, Florida Statutes
Please review Registration Instructions before completing the form.
Please check all that apply [ ] New Registration [ ] New Owner [ ] New Tanks[ ] Facility Info Update/Correction [ ] Owner Info Update/Correction [ ] Tank Info Update/Correction
A. FACILITY INFORMATION County: DEP Facility ID:
Facility Name: ___________________________________________________________________________________________________________
Facility Address: _________________________________________ City: ________________________________ Zip: ____________________
Facility Contact: __________________________________________________________ Business Phone: (_____)______________________
Facility Type(s): ________________________________ NAICS Code: _________________ Financial Responsibility: _______________________
24 Hour Emergency Contact: _____________________________________________ Emergency Phone: (_____)______________________
B. RESPONSIBLE PERSON INFORMATION - Identify Individual(s) or Business(es) responsible for storage tank management, fueling operations, and/orcleanup activities at the facility location named above. Provide additional information in an attachment if necessary.
Name: Facility - Responsible Person Relation Type: Effective Date
Mail address: [ √√√√ ] Facility Account Owner (pays fees)
City, ST, Zip: Facility Account Owner information must be provided when the
Contact: facility contains active or out of service storage tanks on site.
Telephone: STCM Account Number (if known)
Identify other appropriate facility relationships for this party: [ ] Facility Owner/Operator [ ] Property Owner [ ] Storage Tank Owner
Name: Other owner, relationship type(s) Effective Date
Mail address: [ ] Facility Owner/Operator
City, ST, Zip: [ ] Property Owner
Contact: [ ] Storage Tank Owner
Telephone: [ ] Other:
C. TANK/VESSEL INFORMATION - Complete one row for each storage tank or compression vessel system located at this facility.
Tank ID T/V A/U Capacity Installed Content Status/Effective Date Construction Piping Monitoring
Certified Contractor (peforming tank installation or removal): _____________________________________ DBPR License No.: _________________
Registration Certification: To the best of my knowledge and belief, all information submitted on this form is true, accurate, and complete.
____________________________________________ __________________________________________________ ____________________Printed Name & Title Signature Date
DEP 62-761.900(2)
Northwest District160 Governmental Center Blvd.
Pensacola, FL 32501850-595-8360
Northeast District7825 Baymeadows Way,Suite B200Jacksonville, FL 32256904-448-4300
Central District3319 Maguire Blvd.,Suite 232Orlando, FL 32803407-894-7555
Southwest District3804 Coconut Palm Drive
Tampa, FL 33619813-744-6100
Southeast District400 North Congress Ave.,
W Palm Beach, FL 33416561-681-6600
South District2295 Victoria Ave.,Suite 364Fort Myers, FL 33901941-332-6975
Marathon Branch Office2796 Overseas Hwy.,Suite 221Marathon, FL 33050305-289-2310
DEP Form # 62-761.900(2)
Form Title Storage Tank Registration Form
Effective Date July 13, 1998_______________________
DEP Application No. (Filled in by DEP)
Florida Department of Environmental ProtectionTwin Towers Office Bldg. ! 2600 Blair Stone Road ! Tallahassee, Florida 32399-2400
Storage Tank Facility Registration Form
The Department of Environmental Protection Storage Tank Program registers the facilities and the storage tanks when aboveground orunderground storage tanks store pollutants, hazardous substances, and/or mineral acid substances regulated by Chapter 62-761, Florida AdministrativeCode, or when aboveground storage tanks or compression vessels store a hazardous substance which requires registration according to Chapter 376,Florida Statutes.
Storage Tank Facility Registration FormIn the first section block, identify the types of information being submitted on the registration form.Check New Registration when the location is being registered for the first time and no Facility Identification number exists.If submitting a revised Registration form, check all other boxes that apply to designate the type(s) of revisions being submitted.
I. Facility Information - Properly describe the geographical location where the storage tank facility is located.
Facility ID Include the DEP Facility Identification number whenever possible. Write in “Pending” when submitting a new registration for thefirst time. Remember: the facility ID number identifies the location, and is transferred to a new owner upon sale of the facility.
Facility Name Provide the current name of the business establishment operating at the facility location. When registering an abandoned facility,where tanks exist unmaintained, identify the location with the property owner’s name, as in “Smith Property”, if no other facilityname is being used.
Facility Address Include the county name, and the proper street number and name. Give directions when the facility is located in a rural area withno Rural Route number associated with it (i.e., ‘x’ miles N of intersection...). Provide the name and telephone number of acontact person or manager on location, where possible.
Facility Type This information is an explanation or term that most closely describes the operational use of the facility. Select the code(s) thatprovides the best or most appropriate description of the facility.
1. If the facility is owned by a government entity, select the appropriate type from the following:
F. Federal Government H. Local or City Government N. Indian LandG. State Government I. County Government
2. If the facility meets the definition of “bulk product facility” - “a waterfront location with at least one aboveground tank with a capacitygreater than 30,000 gallons which is used for the storage of pollutants” (“Pollutants” includes oil of any kind and in any form, gasoline,pesticides, ammonia, chlorine, and derivatives thereof, excluding liquefied petroleum gas.”); select the type from:
T. Coastal bulk product facility - facility, as defined above and located on the Florida coast, may have storage tank systems that storehazardous substances in addition to pollutants. (“Coastline means the line of mean low water along the portion of the coast that is in directcontact with the open sea and the line marking the seaward limit of inland waters, as determined under the Convention on Territorial Seasand the Contiguous Zone, 15 U.S.T. (Pt. 2) 1606.”).
S. Inland Waterfront bulk product facility - facility, as defined above and located on “inland waterways” (lakes, rivers), may have storagetank systems that store hazardous substances in addition to pollutants.
3. When the facility is a “waterfront location”, but not a bulk product facility as defined above, select the most appropriate type from:
V. Marine fueling facility - a commercial, recreational, or retail coastal facility that provides fuel to vessels and may store other pollutantsand/or hazardous substances on site.
W. Waterfront fueling facility - a commercial, recreational, or retail facility located on a non-coastal waterway that provides fuel to vessels andmay store other pollutants and/or hazardous substances on site.
Florida Department of EnvironmentalProtection
Twin Towers Office Bldg. ! 2600 Blair Stone Road ! Tallahassee, Florida 32399-2400
Division of Waste Management - Storage Tank Facility Registration FormRegistration Instructions and Codes List
Facility Type continued
4. When the facility is not described as above, select the most appropriate type from:
A. Retail Station - primarily supplies vehicular fuel to automotive customers; may store other regulated substances.C. Fuel User, Non-retail - primarily stores vehicular fuel and/or other pollutants or hazardous substances for consumption
by facility/owner/operator.D. Inland Bulk Petroleum Storage - inland facility with no waterfront access, that has multiple active UST and/or AST storage systems
used primarily for storage of pollutants intended for distribution. May also store hazardous substances on-site for facility consumptionand/or distribution purposes.
E. Industrial Plant - inland facility with no waterfront access; may include power plants and facilities designed for manufacturing and/or chemical processing; may have multiple active UST and/or AST storage systems used for storage of pollutants and/or hazardous substancesintended for facility consumption.
J. Collection Station - maintenance or other related facility that acquires and temporarily stores used and/or waste oil prior to recyclingand/or disposal.
K. Inland Bulk Chemical Storage - inland facility with no waterfront access, that has multiple active UST and/or AST storage systemsand/or compression vessels used for storage of hazardous substances intended for distribution. May also store pollutants on sitefor facility consumption and/or distribution purposes.
L. Chemical User - facility primarily uses regulated hazardous substance tanks on site; may also store pollutants.M. Agricultural - facility actively used in production of crops, plants, or livestock.B. Residential (not regulated) - property used primarily for dwelling purposes; regulated substance used for non-commercial purposes;
no UST exists > 1100 gallons.P. UST Residential (>1100 gallons) - residence with USTs regulated by Federal Environmental Protection Agency.Z. Other - Please identify the type of establishment that you are registering.
North American Industry Classification System (NAICS), developed jointly by the United States, Canada, and Mexico, has replaced the U.S.Standard Industrial Classification Code (SIC) system, effective January, 1997. The new system identifies new industry categories and re-organizes thecurrent data more consistently. More information on this subject can be obtained from: National Technical Information Services, 5285 Port Royal Road,Springfield, Virginia 22161; (800) 553-6847. See also U. S. Department of Commerce Web Sites: http://ntis.gov andhttp://www.census.gov/epcd/www/naics.html. When possible – please select the most appropriate code for your facility.
Financial Responsibility – The demonstration of financial responsibility shall be made by the owner or operator in accordance with C.F.R. Title 40,Part 280, Subpart H. Write in your selection of the following:
1. None2. Insurance Carrier3. Other Mechanism (includes all other financial responsibility methods meeting requirements of C.F.R. Title 40)
24 Hour Emergency Contact - Provide the name & telephone number of the Emergency Contact for this facility.
II. Responsible Party Information
1. In the first block, provide the name, address, contact name, and telephone number of the individual(s) and/or business(es) that are responsible for theoperation of the storage tank facility and for the payment of DEP annual Storage Tank Registration fees. Identify the appropriate facility relationshipsfor this party: Facility Owner/Operator, Tank Owner, and/or Property Owner. The first named party will also be associated with the role of FacilityAccount Owner. The Account Owner is responsible for payment of the annual storage tank registration fees, and will receive the annual storage tankregistration placard(s) upon payment.
2. Identify additional individuals and/or companies that play a role in the ownership or operation of the facility, as necessary.
3. When submitting revisions to owner name or address information, please include their STCM Account Number, when available.
4. Submit a registration form when the facility or tank ownership changes, complete with the date & new owner's signature.
III. Tank/Compression Vessel Information - Complete one row in Section C for each storage tank and/or compression vessel system located atthe facility. Use the following system description codes where appropriate.
1. Tank ID - number systems sequentially, or provide a unique identification number; do not use symbols (#, %, -, etc.).2. Tank or Vessel Indicator - write in T or V to describe the system type.3. Tank Placement - Write in A or U to designate aboveground or underground placement of the system.4. Tank Capacity - Write in the storage tank capacity in gallons.5. Installation Date - Record the date of first installation in ‘MM/YY’ format; provide a best estimate if unknown.
6. Tank Content - Record the current content (or last content, if system is closed or not in use) from the list below.
A. Leaded gasoline K. Kerosene S. Chlorine compoundB. Unleaded gasoline L. Waste oil / Used oil T. Hazardous substance (CERCLA)C. Gasohol M. Fuel oil: on-site heating only; USTs or ASTs <30K gals U. Mineral acidD. Vehicular diesel N. Fuel oil: distribution; or on-site heating - ASTs > 30K gals V. Grades 5 & 6, bunker 'C' residual oilsE. Aviation gasoline O. New & lube oil W. Petroleum-base additive productF. Jet diesel fuel P. Generic Gasoline - grade unknown X. Miscellaneous petroleum-base productG. Diesel fuel - emergency generator Q. Pesticide Y. Unknown Substance H. Diesel fuel - generator or pump R. Ammonia compound Z. Other Substance: please identify
* Mineral Acid = Hydrobromic acid, Hydrochloric acid, Hydrofluoric acid, Phosphoric acid, Sulfuric acid.* M = fuel is used solely to heat the facility premises and must be stored in a tank with capacity < 30,000 gallons; exempt from regulation.* N = fuel is distributed as heating fuel, or fuel is used solely to heat the facility premises , but the storage tank capacity exceeds 30,000 gallons.
** Compartmented tanks – register as a single tank; itemize the size and contents of each compartment.
** Manifold tanks – register as individual storage tanks; with individual size and content – even though they are “connected”.
7. Status - Record the current status of the system, & the status effective date (or best estimate) in ‘MM/YY’ format. Update the tank status timely, asnecessary for tanks moving between “in service” and “out of service” status.
A. Properly closed in place * UST filled with sand, concrete or other inert material; AST rendered unusable.B. Removed from the site *
*A or B: UST Closure Assessment required after 12/10/90; AST Closure Assessment required after 3/12/91 - refer to 62-761.800, F.A.C.E. Construction modified - AST constructed as a “mobile tank” or enclosed in a building; no longer retains a “regulated” status.F. Unmaintained tank - UST/AST not in use, not properly closed, not to be returned to service (tank must be properly closed within 90 days).T. Out-of-service tank - UST/AST locked and monitored (10 yr limit for USTs with secondary containment; 2 yr limit for corrosion-protected USTs;
1 yr limit for unprotected USTs; 5 yr limit for ASTs).U. In-service - UST/AST may be empty for up to 45 days for routine services/maintenance only.V. Temporary out of service - special designation for field-erected ASTs, greater than or equal to 50,000 gallon capacity; may be empty for up to 180
days for routine services/maintenance only.Z. Non-regulated product stored in tank; provide status effective date when status relates to a ‘change in product’ for a particular storage tank.
8. Construction, Piping, and Monitoring Attributes – please select from the lists below, the codes that best describe the attributes of each storage tanksystem. ** When “Z. Other DEP Approved” is selected; please specify the EQ #. **
CONSTRUCTION
Primary Construction: C. SteelD. Unknown X. ConcreteE. Fiberglass Y. PolyethyleneF. Fiberglass-clad steel Z. Other DEP approved tank material
Overfill/Spill: A. Ball check valve O. Tight fillM. Spill containment bucket P. Level gauges, high-level alarmsN. Flow shut-off Q. Other DEP approved protection method
Corrosion Protection: G. Cathodic protection - sacrificial anode H. Cathodic protection - impressed current
Secondary Containment: I. Double wall construction: single material (outer tank material same as inner tank material )R. Double wall construction: dual material (outer tank - concrete, approved synthetic material, or tank "jacket" )J. Synthetic liner in tank excavationK. Concrete, synthetic material, and/or offsite clays beneath AST and in containment areaS. Other DEP approved secondary containment systemV. Pipeless UST with secondary containment
CONSTRUCTION - continued
Miscellaneous attributes: B. Internal lining U. Field erected tankL. Compartmented
PIPING
Primary Construction: B. Steel or galvanized metal Y. UnknownC. Fiberglass Z. Other DEP approved piping materialN. Approved synthetic material
Corrosion Protection: D. External protective coatingE. Cathodically protected with sacrificial anode or impressed current
Secondary Containment: F. Double wall construction: single material (outer pipe material same as inner pipe material )M. Double wall construction: dual material (outer pipe - approved synthetic material or pipe "jacket" )G. Synthetic liner or box/trench liner in piping excavation or pipe containment areaP. Internal Piping: contained within an internal sump riser, directly connected to tank & located beneath dispenser
Miscellaneous attributes: A. Aboveground, no contact with soil K. Dispenser linersI. Suction piping system L. Bulk product systemJ. Pressurized piping system H. Airport/seaport hydrant system
MONITORING
External: A. Site Suitability Plan N. Groundwater monitoring wellsB. Site Suitability Plan Exemption O. Vapor monitoring wellsC. Groundwater Monitoring Plan P. Vapor monitoring with dilution proceduresD. SPCC Plan Q. Visual inspection of AST systemsE. Interstitial monitoring of UST synthetic liners W. Fiber-optic technologies
Z. Other DEP approved monitoring method
Internal: F. Interstitial space - double wall tank R. Interstitial monitoring of AST tank bottomL. Automatic tank gauging system (USTs) S. Statistical Inventory Reconciliation (SIR) (USTs)M. Manual tank gauging system (USTs) T. Annual tightness test with inventory (USTs)
Piping monitoring: G. Electronic line leak detector with flow shutoff U. Bulk product piping pressure testH. Mechanical line leak detector V. Suction pump check valveJ. Interstitial monitoring - piping liner 6. External monitoringK. Interstitial monitoring - double wall piping
Miscellaneous: I. Not required - see rule for exemptions 2. Visual inspections of piping sumpsX. None 3. Electronic monitoring of piping sumpsY. Unknown 4. Visual inspections of dispenser liners1. Continuous electronic sensing equipment 5. Electronic monitoring of dispenser liners
IV. Certified Contractor & Certification
Record the name and the Department of Business and Professional Regulation License Number for the Certified Contractor whenever an undergroundstorage tank has been installed, removed, or closed in place. Do not rely on the contractor to file this form. Storage Tank Registration Forms arerequired to be submitted by the storage tank system owner or operator.
Please Remember that the Registration Form cannot be processed without the name and signature of the storage tank system owner or operator, and thedate of the form submittal. Please print your name legibly in case a representative of the storage tank program should need to contact you.
If you have questions, please call a storage tank registration representative at (850) 245-8839 for assistance.
Appendix B Generic Tank Inspection Form
FACILITY:
MONTHLY VISUAL INSPECTION CHECKLIST ABOVE GROUND STORAGE TANK-Double Walled
YEAR – 200_ January
February March
April May
June July August September October
November December
SECONDARY CONTAINMENT
(Kruger Valve) OK?
CHECK FOR WATER IN
INTERSTICE
ANY WATER ACCUMULATION
REMOVAL?
TANK EXTERIOR
INTEGRITY OK?
ANY STAINED CONCRETE
NEAR TANK?
PIPING EXTERIOR
INTEGRITY OK?
LOCKED DROP BOX?
PRODUCT IN SUMP BOX?
IF YES, WAS IT REMOVED?
ALARM OK?
GAUGE OK?
PLACARDS OK?
INITIALS
DATE
DIRECTIONS FOR FORM COMPLETION: If during the monthly inspection, any checklist item is not functioning properly, it should be noted on the checklist and reported immediately. Any corrective activity must be dated and detailed in writing on supplemental comment sheet of paper attached to the checklist. All checklist boxes must be filled with either yes or no.
FACILITY: I.D.#
MONTHLY VISUAL INSPECTION CHECKLIST ABOVEGROUND STORAGE TANK-Single Walled
Year – 200_
January
February March
April May
June July August September October
November December
SECONDARY CONTAINMENT INTEGRITY OK?
SECONDARY CONTAINMENT
STAINING?
TANK EXTERIOR
INTEGRITY OK?
PIPING EXTERIOR
INTEGRITY OK?
DRAIN VALVE
SECURE?
ANY RAINWATER ACCUMULATION
REMOVAL?
GAUGE OK?
PLACARDS OK?
INITIALS
DATE
DIRECTIONS FOR FORM COMPLETION: If during the monthly inspection, any checklist item is not functioning properly, it should be noted on the checklist and reported immediately. Any corrective activity must be dated and detailed in writing on a separate comment sheet. All checklist boxes must be filled with either yes or no for each inspection.
Appendix C FDEP Discharge Report Form 62-761.900(1)
Discharge Reporting Form PLEASE PRINT OR TYPE
Instructions are on the reverse side. Please complete all applicable blanks
1. Facility ID Number (if registered):_____________________________ 2. Date of form completion:_____________________________________
3. General information
Facility name:___________________________________________________________________________________________________________
Facility Owner or Operator: ________________________________________________________________________________________________
Facility Contact Person___________________________Telephone number: ( )_____________________County: ______________________
Faciility Mailing address: _________________________________________________________________________________________________
Location of discharge (facility street address):__________________________________________________________________________________
Latitude and Longitude of discharge (If known.)________________________________________________________________________________
4. Date of receipt of test results or
discovery of confirmed discharge: ___________________month/day/year
5. Estimated number of gallons discharged:_______________
6. Discharge affected: [ ] Air [ ] Soil [ ] Ground water [ ] Drinking water well(s) [ ] Shoreline [ ] Surface water (water body name)
__________________________
7. Method of discovery (check all that apply)
[ ] Liquid detector (automatic or manual) [ ] Internal inspection [ ] Closure/Closure Assessment
[ ] Vapor detector (automatic or manual) [ ] Inventory control [ ] Groundwater analytical samples
[ ] Tightness test [ ] Monitoring wells [ ] Soil analytical tests or samples
[ ] Pressure test [ ] Automatic tank gauging [ ] Visual observation
[ ] Statistical Inventory Reconciliation [ ] Manual tank gauging [ ] Other ____________________________________________
8. Type of regulated substance discharged: (check one)
[ ] Unknown [ ] Used/waste oil [ ] Jet fuel [ ] Heating oil [ ] New/lube oil
[ ] Gasoline [ ] Aviation gas [ ] Diesel [ ] Kerosine [ ] Mineral acid
[ ] Hazardous substance - includes CERCLA substances from USTs above reportable quantities, pesticides, ammonia, chlorine, and derivatives
(write in name or Chemical Abstract Service (CAS ) number)___________________________________________________________________
[ ] Other_________________________________________________________________________________________________________________
9. Discharge originated from a: (check all that apply)
[ ] Dispensing system [ ] Pipe [ ] Barge [ ] Pipeline [ ] Vehicle
[ ] Tank [ ] Fitting [ ] Tanker ship [ ] Railroad tankcar [ ] Airplane
[ ] Unknown [ ] Valve failure [ ] Other Vessel [ ] Tank truck [ ] Drum
[ ] Other________________________________________________________
10. Cause of the discharge: (check all that apply)
[ ] Loose connection [ ] Puncture [ ] Spill [ ] Collision [ ] Corrosion
[ ] Fire/explosion [ ] Overfill [ ] Human error [ ] Vehicle Accident [ ] Installation failure
[ ] Other________________________________
11. Actions taken in response to the discharge:
12. Comments:
13. Agencies notified (as applicable):
[ ] State Warning Point [ ] National Response Center [ ] Fire Department. [ ] County Tanks Program [ ] DEP (district/person)
(904) 488-1320 1-800-424-8802 _______________ _____________ _________________
14. To the best of my knowledge and belief all information submitted on this form is true, accurate, and complete.
____________________________________________________ _______________________________________________
Printed Name of Owner, Operator or Authorized Representative Signature of Owner, Operator or Authorized Representative.
DEP Form # 62-761.900(1)
Form Title Discharge Reporting Form
Effective Date
Appendix D FDEP Incident Notification Form 62-761.900(6)
Incident Notification FormPLEASE PRINT OR TYPE
Instructions are on the reverse side. Please complete all applicable blanks
1. Facility ID Number (if registered):________________________ 2. Date of form completion:_____________________________________
3. General information
Facility name:___________________________________________________________________________________________________________ Facility Owner or Operator: ________________________________________________________________________________________________ Contact Person:________________________________Telephone number: ( )_____________________County: _______________________ Facility mailing address: __________________________________________________________________________________________________ Location of incident (facility street address):___________________________________________________________________________________ Latitude and Longitude of incident (If known.)_________________________________________________________________________________
4. Date of Discovery of incident:______________________________month/day/year5. Monitoring method that indicates a possible release or an incident: (check all that apply)
[ ] Liquid detector (automatic or manual) [ ] Groundwater samples [ ] Closure[ ] Vapor detector (automatic or manual) [ ] Monitoring wells [ ] Inventory control[ ] Tightness test [ ] Internal inspection [ ] Statistical Inventory Reconciliation[ ] Pressure test [ ] Odors in the vicinity [ ] Groundwater analytical samples[ ] Breach of integrity test [ ] Automatic tank gauging [ ] Soil analytical tests or samples[ ] Visual observation [ ] Manual tank gauging [
]Other____________________________________________6. Type of regulated substance stored in the storage system: (check one)
[ ] Diesel [ ] Used\waste oil [ ] New/lube oil[ ] Gasoline [ ] Aviation gas [ ] Kerosene[ ] Heating oil [ ] Jet fuel [ ] Other ______________________________
[ ] Hazardous substance - includes CERCLA substances, pesticides, ammonia, chlorine, and their derivatives, and mineral acids. (write in name or Chemical Abstract Service (CAS ) number)___________________________________________________________________
7. Incident involves or originated from a: (check all that apply)
[ ] Tank [ ] Unusual operating conditions [ ] Dispensing equipment [ ] Pipe [ ] Overfill protection device[ ] Piping sump [ ] Release detection equipment [ ] Secondary containment system [ ] Other [ ] Dispenser Liners[ ] Loss of >100 gallons to an impervious surface other than secondary containment [ ] Loss of >500 gallons within secondary containment
8. Cause of the incident, if known: (check all that apply)[ ] Overfill (<25 gallons) [ ] Spill (<25 gallons) [ ] Theft [ ] Corrosion[ ] Faulty Probe or sensor [ ] Human error [ ] Installation failure [ ] Other____________________
9. Actions taken in response to the incident: 10. Comments:
11. Agencies notified (as applicable):
[ ] Fire Department. [ ] Local Program [ ] DEP (district/person)12. To the best of my knowledge and belief, all information submitted on this form is true, accurate, and complete.____________________________________________________ _______________________________________________Printed Name of Owner, Operator or Authorized Representative Signature of Owner, Operator or Authorized Representative.
DEP Form # 62-761.900(6)
Form Title Incident Notification Form
Effective Date: July 13, 1998
Instructions for completing the Incident Notification Form
If the investigation of an incident indicates that a discharge did not occur (for example, the investigation shows thatthe situation was the result of a theft or a malfunctioning electronic release detection probe), then a letter ofretraction should be sent to the County within fourteen days with documentation that verifies that a discharge did notoccur. If within 24 hours of an incident, or before the close of the County’s next business day, the investigation ofthe incident does not confirm that a discharge has occurred, an Incident Report Form need not be submitted.
DEP District Office Addresses:
Northwest District Northeast District Central District160 Governmental Center 7825 Baymeadows Way Suite B 200 3319 Maguire Blvd. Suite 232Pensacola FL. 32501-5794 Jacksonville FL. 32256-7590 Orlando, FL. 32803-3767Phone: 850-595-8360 Phone: 904-488-4300 Phone: 407-894-7555FAX: 850-595-8417 FAX: 904-488-4366 FAX: 407-897-2966
Southwest District South District Southeast District3804 Coconut Palm Dr. 2295 Victoria Ave. Suite 364 400 N. Congress Ave.Tampa FL. 33619-8218 Ft. Myers FL. 33901-2549 West Palm Beach, FL. 33416-5425Phone: 813-744-6100 Phone: 813-332-6975 Phone: 561-681-6600FAX: 813-744-6125 FAX: 813-332-6969 FAX: 561-681-6790
(02/01/98)
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This form must be completed to notify the County of all incidents, or of the following suspected releases: 1. A failed or inconclusive tightness, pressure, or breach of integrity test, 2. Internal inspection results, including perforations, corrosion holes, weld failures, or other similar defects that indicate that a release hasoccurred. 3. Unusual operating conditions such as the erratic behavior of product dispensing equipment, the sudden loss of product from the storage tank
system, or any unexplained presence of water in the tank, unless system equipment is found to be defective but not leaking; 4. Odors of a regulated substance in surface or groundwater, soils, basements, sewers and utility lines at the facility or in the surrounding
area; 5. The loss of a regulated substance from a storage tank system exceeding 100 gallons on impervious surfaces other than secondary containment,
driveways, airport runways, or other similar asphalt or concrete surfaces; 6. The loss of a regulated substance exceeding 500 gallons inside a dike field area with secondary containment; and 7. A positive response of release detection devices or methods described in Rule 62-761.610, F.A.C., or approved under Rule 62-761.850,
F.A.C. A positive response shall be the indication of a release of regulated substances, an exceedance of the Release Detection Response Level or a breach of integrity of a storage tank system.
A copy of this form must be delivered or faxed to the County within 24 hours of thediscovery of an incident, or before the close of the next business day. It isrecommended that the original copy be sent in the mail. If the incident occurs at acounty-owned facility, a copy of the form must be faxed or delivered to the localDEP District office.
Appendix E Spill Response Flow Chart
Spill Response
Initial Contact from ARFF
Type of regulated substance discharged Most Common:
Jet A (Kerosene) Hydraulic Fluid (Petroleum based) Aviation Gas (Leaded high octane gasoline) Diesel
The following spill amounts MUST be reported to DEP
25 gallons on pervious surface (62-770-250(2) FAC)
100 gallons on an impervious surface from a regulated tank system
(62-761.450(2)(a)5 FAC)
500 gallons in secondary containment area (62-762.451(2)(a)6 FAC)
Emergency Response Phone ______________ (FDEP contact [____________]) Or fax the “Incident Notification Form” within 24 hours of spill discovery ___________ (Forms are located in _______________________)
*If the discharge exceed the above reportable quantities, contact the State Warning Point 1-800-320-0519
*If the spill does not exceed limits for FDEP notification ARFF will submit paper work to airport manager or environmental staff
Reporting to outside agencies
Clean Up
Contact airport properties [Insert Airport Contact Here] to coordinate contacting the responsible tenant. [INSERT FUEL FARM #] [INSERT FBO #] [INSERT TENNANT #s]
Emergency purchase Order Procedures and then contact: [INSERT CONTACT # HERE]
Airport Issue
Tenant Issue
Appendix F FDEP-Embry Riddle Preflight Fuel Dumping Brochure
Appendix G Orlando ADO – CATEX Checklist
DETERMINATION OF ENVIRONMENTAL IMPACTS Airport:
Project Description (attach project drawing and additional pages as necessary):
_____________________
Is the proposed project(s) listed as categorically excluded in one or more of paragraphs 307-312 of FAA Order 1050.1E?__________. Please identify which paragraph(s):__________________________________. In order for the FAA to determine the appropriate course of action, as a Categorical Exclusion, the sponsor must certify that the proposed action does NOT (1) involve any of the following extraordinary circumstances, and does NOT (2) have a significant effect. A determination as to whether the proposed project (s) may have a significant environmental effect is made by considering any requirements applicable to the specific resource (see FAA Order 1050.1E Appendix A). a. Have an adverse effect on cultural resources protected under the National Historic Preservation Act of 1966, as amended. b. Have an impact on properties protected under section 4(f) of the Department of Transportation Act. c. Have an impact on natural, ecological (e.g. invasive species), or scenic resources of Federal, Tribal, State, or local significance
(for example: Federally listed or proposed endangered, threatened, or candidate species or designated or proposed critical habitat under the Endangered Species Act), resources protected by the Fish and Wildlife Coordination Act; wetlands; floodplains; prime, unique, State or locally important farmlands; energy supply and natural resources; and wild and scenic rivers, including study or eligible river segments and solid waste management.
d. Cause a division or disruption of an established community, or a disruption of orderly, planned development or an inconsistency with plans or goals that have been adopted by the community in which the project is located.
e. Cause an increase in congestion from surface transportation (by causing a decrease in Level of Service below acceptable level determined by appropriate transportation agency, such as a highway agency).
f. Have an impact on noise levels of noise-sensitive areas. g. Have an impact on air quality or violate local, State, or Federal air quality standards under the Clean Air Act Amendments of 1990. h. Have an impact on water quality, sole source aquifers, a public water supply system, or State or Tribal water quality standards
established under the Clean Water Act and the Safe Drinking Water Act. i. Have effect(s) on the quality of the human environment that are likely to be highly controversial on environmental grounds. The
term “controversial” means a substantial dispute exists as to the size, nature, or effect of a proposed Federal action. The effects of an action are considered highly controversial when reasonable disagreement exists over the project’s risks of causing environmental harm. Opposition on environmental grounds by a Federal, state, or local government agency or by a Tribe or by a substantial number of the persons affected by the action should be considered in determining whether or not reasonable disagreement regarding the effects of a proposed action exists.
j. Likelihood to be inconsistent with any Federal, State, Tribal, or local law relating to the environmental aspects of the proposed action.
k. Likely to directly, indirectly, or cumulatively create a significant impact on the human environmental, including, but not limited to, actions likely to cause a significant lighting impact on residential areas or commercial use of business properties, likely to cause a significant impact on the visual nature of surrounding land uses likely to be contaminated with hazardous materials based on Phase I or Phase II Environmental Due Diligence Audit (EDDA’s), or likely to cause such contamination
I certify that the project(s) described above meet(s) the test for a Categorical Exclusion in accordance with FAA Order 1050.1E and paragraphs a thru k above. Signature of Authorized Airport Representative Date FAA Determination (by program manager signature): Categorically Excluded: __________________________________________Date: ________ Requires further environmental analysis: _____________________________Date: _______
ENVIRONMENTAL DETERMINATION CHECKLIST
Airport: ____________________________________________________________________ Proposed Project(s): Prepared and certified by: _________________________________________Date:________________
YES NO COMMENTS IS THIS PROPOSED CATEGORICALLY EXCLUDED IN FAA ORDER 1050.1E, p. 307-312
THIS PROPOSED PROJECT WILL AFFECT: Coastal Resources Section 4(f) Land Farmland Fish, Wildlife, and Plants including Endangered or Threatened Species (Federal or State listed), Essential Fish Habitat, or Migratory Birds.
Floodplains Hazardous Materials or Solid Waste Management Historical/Architectural/Archaeological/Cultural Resources
Light Emissions or Cause Visual Impacts Natural Resources or Energy Supply Low Income or Minority Populations or Children Wetlands Wild and Scenic Rivers (study or eligible) THIS PROPOSED PROJECT IS LIKELY TO: Be highly controversial on environmental grounds including opposition by Federal, state, local, or Tribal or a substantial number of persons affected by the action.
Be inconsistent with any Federal, State, or local law relating to the environmental aspects of the proposed action.
Cause community disruption or a substantial loss in community tax base, or is inconsistent with plans or goals that have been adopted by the community.
Noise and Compatible Land Use - Cause an increase of 1.5 DNL over noise sensitive areas
Displace persons or businesses Disrupt local traffic patterns and substantially reduce levels of service (LOS) of roads serving the airport and surrounding communities
Result in secondary impacts (shifts in population movement, public service demands, changes in business and economic activity)
Impact water quality, sole source aquifers, public water supply system, or state or tribal water quality standards
Air Quality - Impact or violate local, state, Tribal, or Federal air quality standards
Attach supporting documentation for all “yes” answers on a separate sheet, and explain your justification for a request for a determination of Categorical Exclusion.