FAC General Aviation Environmental Resource Book · 7/2/2003 · Generic Tank Inspection Form : B . FDEP Discharge Report Form 62-761.900(1) C . FDEP Incident Notification Form 62-761.900(6)

FAC General Aviation Environmental Resource Guidebook

2011

i

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

iii

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/

http://www.floridaairports.org/�

iv

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

v

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


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 1.4 Sumped Fuel Management outlines the regulations, as well as provides alternatives

for General Aviation Airport and Airport Users.



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

4


• 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.



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/

http://www.dep.state.fl.us/waste/categories/tanks/�

6




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

8


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



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

http://www.epa.gov/emergencies/content/spcc/index.htm�

10




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

12


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.



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

http://www.dep.state.fl.us/waste/quick_topics/publications/pss/County-District-Contact_08Feb11.pdf�

http://www.dep.state.fl.us/waste/quick_topics/publications/pss/County-District-Contact_08Feb11.pdf�

http://www.dep.state.fl.us/waste/quick_topics/publications/pss/CountyDistrictContact.pdf�

14




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

16


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

http://www.dep.state.fl.us/waste/categories/hwRegulation/default.htm�

http://www.dep.state.fl.us/waste/categories/hazardous/pages/state_contacts.htm�


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

http://www.dep.state.fl.us/�

18


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.



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


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.


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.



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


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

http://www.flwaterpermits.com/�

http://www.nwfwmd.state.fl.us/�

http://www.srwmd.state.fl.us/�

http://sjr.state.fl.us/regulatory/permitinformation.html�

http://www.swfwmd.state.fl.us/�

http://www.sfwmd.gov/�

http://www.dep.state.fl.us/water/wetlands/erp/erp.htm�



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


Definitions

24


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).




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

http://www.dep.state.fl.us/water/stormwater/npdes/docs/cgp.pdf�

http://www.dep.state.fl.us/water/stormwater/npdes/industrial5.htm�

http://www.dep.state.fl.us/water/stormwater/npdes/forms/msgp_noi.pdf�

http://www.dep.state.fl.us/water/stormwater/npdes/forms/not.pdf�

http://www.dep.state.fl.us/water/stormwater/npdes/guidance_links.htm�

https://employees.atlasair.com/pp/materialsystems/Fuel%20Guidance%20Manual.pdf�

26




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


SWPPP

28


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.


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.


SWPPP Guidance:

Developing Pollution Prevention Plans and Best Management Practices

https://employees.atlasair.com/pp/materialsystems/Fuel%20Guidance%20Manual.pdf

http://www.dep.state.fl.us/water/stormwater/npdes/guidance_links.htm�

https://employees.atlasair.com/pp/materialsystems/Fuel%20Guidance%20Manual.pdf�



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.


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:


30


“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.


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

http://www.dep.state.fl.us/Water/stormwater/npdes/industrial5.htm�

http://cfpub.epa.gov/npdes/stormwater/msgp.cfm�


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


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.



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


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).



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


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

https://www.flrules.org/Gateway/Department.asp?DeptID=40�

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0373/SEC069.HTM&Title=-%3e2008-%3eCh0373-%3eSection%20069#0373.069�

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http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=Ch0373/part04.htm&StatuteYear=2008&Title=%2D%3E2008%2D%3EChapter%20373%2D%3EPart%20IV�

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=Ch0373/part04.htm&StatuteYear=2008&Title=%2D%3E2008%2D%3EChapter%20373%2D%3EPart%20IV�

http://www.saj.usace.army.mil/Divisions/Regulatory/permitting_decision.htm�

http://www.saj.usace.army.mil/Divisions/Regulatory/permitting_decision.htm�

36




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


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.


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

http://www.sfwmd.gov/portal/page/portal/xrepository/sfwmd_repository_pdf/form_1318_deed_of_cons_ease_local_govt_07_2010.pdf�

http://www.sfwmd.gov/portal/page/portal/xrepository/sfwmd_repository_pdf/form_1318_deed_of_cons_ease_local_govt_07_2010.pdf�

http://www.saw.usace.army.mil/wetlands/Mitigation/Documents/conservation%20easement%20r8-03.pdf�

http://www.saw.usace.army.mil/wetlands/Mitigation/Documents/conservation%20easement%20r8-03.pdf�

http://www.faa.gov/airports/environmental/media/wildlife_hazard_mou_2003.pdf�



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

http://www.faa.gov/airports/southern/environmental/media/so_wildlife_strikes_mou.pdf�

http://www.dep.state.fl.us/northwest/StJoeEMA/Exhibits/Ex_6_cons_easement_mit.pdf�

http://www.faa.gov/airports/aip/grant_assurances/media/airport_sponsor_assurances.pdf�

40


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


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/

http://www.faa.gov/airports/airport_safety/certalerts/media/cert0607.pdf�

http://www.saj.usace.army.mil/Divisions/Regulatory/sourcebook/19-Mitigation_CompensatoryMitigation.html�

http://www.saj.usace.army.mil/Divisions/Regulatory/sourcebook/19-Mitigation_CompensatoryMitigation.html�

http://www.dep.state.fl.us/water/wetlands/mitigation/�

http://www.dep.state.fl.us/secretary/watman/�

http://www.nwfwmdwetlands.com/index.php�

http://www.srwmd.state.fl.us/DocumentView.asp?DID=369�

http://www.swfwmd.state.fl.us/about/isspapers/mitigation.html�

http://www.sfwmd.gov/portal/page/portal/xweb%20about%20us/extra%20land%20acquisition�

http://www.sfwmd.gov/portal/page/portal/xweb%20about%20us/extra%20land%20acquisition�

http://www.fws.gov/policy/501fw2.html�

http://myfwc.com/viewing/recreation/wmas/mitigation/�



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.


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.



42


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.


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

http://myfwc.com/wildlifehabitats/imperiled/�

http://www.virtualherbarium.org/EPAC/Notes2003.pdf�

http://www.fws.gov/endangered/�

http://myfwc.com/wildlifehabitats/imperiled/�

https://www.flrules.org/gateway/ChapterHome.asp?Chapter=5B-40�



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

44


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

http://digitalcommons.unl.edu/cgi/viewcontent.cgi?article=1391&context=icwdm_usdanwrc�



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.

46


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.



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

48


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.

http://wildlife-mitigation.tc.faa.gov/wildlife/certalerts.aspx�



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.

50


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



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.


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

52


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



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.


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:

http://wildlife-mitigation.tc.faa.gov/wildlife/default.aspx�

http://www.faa.gov/airports/airport_safety/part139_cert/�

http://www.dot.state.fl.us/aviation/�

54


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

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�


http://www.leg.state.fl.us/Statutes/�

https://www.flrules.org/�



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

http://aci-na.org/static/entransit/Wildlife_Management_Brief_January_2009_FINAL.pdf�

56


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.



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.


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

http://www.faa.gov/documentLibrary/media/advisory_circular/150-5200-33B/150_5200_33b.pdf�

http://www.faa.gov/documentLibrary/media/advisory_circular/150-5200-33B/150_5200_33b.pdf�

http://rgl.faa.gov/REGULATORY_AND_GUIDANCE_LIBRARY/RGADVISORYCIRCULAR.NSF/0/396ed9dcf150fae186256d800065623a/$FILE/150-5200-34.pdf�

http://rgl.faa.gov/REGULATORY_AND_GUIDANCE_LIBRARY/RGADVISORYCIRCULAR.NSF/0/396ed9dcf150fae186256d800065623a/$FILE/150-5200-34.pdf�

http://www.dot.state.fl.us/aviation/�



58



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.

60




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

62


• 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.



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

http://www.dep.state.fl.us/waste/quick_topics/publications/shw/hazardous/CountyContactsforWeb.pdf�

http://www.dep.state.fl.us/waste/quick_topics/publications/shw/hazardous/CountyContactsforWeb.pdf�

http://www.epa.gov/osw/inforesources/online/index.htm�

http://www.dep.state.fl.us/waste/quick_topics/forms/documents/62-730/730_1b.pdf�

64




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

66


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.



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

http://www.dep.state.fl.us/waste/quick_topics/rules/documents/62-770.pdf�

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/TableIGroundwaterCTLs4-17-05.pdf�

http://www.dep.state.fl.us/waste/quick_topics/rules/documents/62-777/TableIISoilCTLs4-17-05.pdf�

http://www.dep.state.fl.us/waste/quick_topics/rules/documents/62-777/TableIISoilCTLs4-17-05.pdf�

http://www.dep.state.fl.us/waste/quick_topics/rules/documents/62-777/TableVNaturalAttenuationDefaultConcs4-17-05.pdf�

http://www.dep.state.fl.us/waste/quick_topics/rules/documents/62-777/TableVNaturalAttenuationDefaultConcs4-17-05.pdf�

http://www.dep.state.fl.us/waste/quick_topics/forms/documents/62-770/770_1.pdf�

68



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


http://www.epa.gov/oecaerth/resources/faqs/nepa/index.html�

70

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)


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.


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/

http://www.faa.gov/regulations_policies/orders_notices/index.cfm?fuseAction=c.dspDocumentList\�

http://www.faa.gov/regulations_policies/orders_notices/index.cfm?fuseAction=c.dspDocumentList\�

http://www.faa.gov/airports/environmental/environmental_desk_ref/�

72

Section 5 NEPA


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


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.




Florida Department of Environmental Protection: http://www.dep.state.fl.us/Air/ US Environmental Protection Agency: http://www.epa.gov/air/criteria.html

http://www.dep.state.fl.us/Air/�

http://www.epa.gov/air/criteria.html�

76



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.

78




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.


http://www.sustainabilitydictionary.com/�

http://www.aci-na.org/static/entransit/Sustainability%20White%20Paper.pdf�

80



Currently there are no Federal or State of Florida regulations that mandate or govern

sustainability planning at airports.


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).

http://www.airportsustainability.org/�

http://www.faa.gov/airports/environmental/sustainability/�

http://www.aci-na.org/sustainability/index.html�

http://www.aci-na.org/sustainability/general-sustainability-links.html�

http://www.aci-na.org/sustainability/sustainability-links.html�



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

http://onlinepubs.trb.org/onlinepubs/acrp/acrp_syn_010.pdf�

http://www.trb.org/Publications/Blurbs/Sustainable_Airport_Construction_Practices_164240.aspx�

http://www.trb.org/Publications/Blurbs/Sustainable_Airport_Construction_Practices_164240.aspx�

http://www.dep.state.fl.us/green/default.htm�

82




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).



84


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.



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


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).

http://www.epa.gov/ems/position/eo13148.htm�

http://www.epa.gov/ems/docs/positionstatement-20051215.pdf�

86


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


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/

http://www.faa.gov/documentLibrary/media/advisory_circular/150-5050-8/150_5050_8.pdf�

http://www.iso.org/iso/search.htm?qt=14000&sort=rel&type=simple&published=true�

http://www.epa.gov/ems/�

http://www.epa.gov/ems/�


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


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)



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)

_____________________________________________________________________________________________________

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.