7595893, 62-701.100 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 7595893

Notice of Proposed Rule

Department:

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Chapter:

SOLID WASTE MANAGEMENT FACILITIES

Overview

RULE:

62-701.100	Intent
62-701.200	Definitions
62-701.210	Documents Incorporated by Reference
62-701.220	General Applicability
62-701.300	Prohibitions
62-701.310	Approval of Alternate Procedures and Requirements
62-701.315	Permit Fees for Solid Waste Management Facilities
62-701.320	Solid Waste Management Facility Permit Requirements, General
62-701.330	Landfill Permit Requirements
62-701.340	General Criteria for Landfills
62-701.400	Landfill Construction Requirements
62-701.410	Hydrogeological and Geotechnical Investigation Requirements
62-701.430	Vertical Expansion of Landfills
62-701.500	Landfill Operation Requirements
62-701.510	Water Quality Monitoring Requirements
62-701.520	Special Waste Handling
62-701.530	Gas Management Systems
62-701.600	Landfill Final Closure
62-701.610	Other Closure Procedures
62-701.620	Long-Term Care
62-701.630	Financial Assurance
62-701.710	Waste Processing Facilities
62-701.730	Construction and Demolition Debris Disposal and Recycling
62-701.803	General Permit for Off-site Disposal of Yard Trash
62-701.900	Forms

PURPOSE:

The Department is proposing to amend Chapter 62-701, Florida Administrative Code (F.A.C.), which contains regulations for a wide variety of solid waste facilities including landfills, construction and demolition (C&D) debris disposal facilities and waste processing facilities. This chapter was substantially revised on May 21, 2001. Since that time, technologies have progressed and statutes have been changed making it apparent that an update of the entire chapter was necessary. Furthermore, new research has shown that arsenic may leach from wood treated with chromated copper arsenate (CCA) at concentrations above the Department's groundwater standard. Since most of this wood is currently disposed of in unlined facilities in Florida, the Department has concluded that Florida's groundwater may be at risk. It is clear that better management practices are needed.

SUMMARY:

Rule 62-701.200 Definitions - Some new definitions have been added, including CCA treated wood, reasonable assurance, recovered screen material and unauthorized waste. Some definitions were relocated into this rule from other parts of the chapter. The definition of construction and demolition debris was updated to be consistent with recent changes to the statutes. In addition, other definitions were added for a variety of technical terms that are used in the chapter or deleted because they were either obsolete or are being transferred to other chapters.
Rule 62-701.220 General Applicability – The exemption for industrial byproducts has been updated to be consistent with recent changes in the statutes. The exemption for beneficially using road construction debris in the construction of other roads has been extended to include street sweepings, ditch scrapings, shoulder scrapings and catch basin sediments provided these materials are not contaminated.
Rule 62-701.300 Prohibitions – The prohibition on disposal of solid waste in water bodies is being clarified to exclude areas of standing water that exist only after storm events. The prohibition of storage or disposal of solid waste within 1000 feet of a community water supply well has been deleted to be consistent with the Department’s well head protection rule. The prohibition of storage or disposal of solid waste within 500 feet of an existing potable well is retained. The prohibition for disposing of yard trash in a Class I landfill is updated to be consistent with recent changes in the statutes. A prohibition on making CCA treated wood into mulch or disposing of it by burning is added.
Rule 62-701.315 Permit Fees for Solid Waste Management Facilities – Fees have been updated to be more consistent with the types of facilities currently regulated. Fees have not generally been increased to reflect changes to the Consumer Price Index. This will be done at a future rulemaking.
Rule 62-701.320 Solid Waste Management Facility Permit Requirements – The method for collecting latitude and longitude data has been clarified. Construction/operation permits may be issued for longer than five years, but not to exceed ten years, to allow for up to five years of operation after completion of the initial construction. The construction certification requirements and the requirements for maintaining financial assurance during permit transfers have been clarified. Language has been added to make it clear that waste spotters may be located on operation equipment rather than on the ground, provided that the facility’s operation plan clearly identifies the methods to be used to inspect for unauthorized waste. Language on emergency preparedness and response has been added to clarify the requirements for emergencies such as fires or natural disasters.
Rule 62-701.340 General Criteria for Landfills – Unlined Class III landfills are required to develop and implement a CCA treated wood plan.
Rule 62-701.400 Landfill Construction Requirements – A variety of technical changes have been made to this rule including the following key provisions:
• Slope and foundation stability designs are required to use a factor of safety of 1.5.
• For Class III landfills that do not qualify for the liner exemption, a minimum liner system design consisting of a single geomembrane is added, with sumps and leachate collection trenches being required to have a composite liner. The leachate collection system shall be designed for a head not greater than 12 inches.
• Minimum slopes for the leachate collection system of 1.0 percent and 0.3 percent after predicted settlement have been added to the design requirements.
• Language is added to be clear that a destructive test of a geomembrane seam is required every 500 feet of seam unless test methods such as electrical leak location surveys are used. In that case, destructive tests can be conducted every 1000 feet of seam.
Rule 62-701.410 Hydrological and Geotechnical Investigation Requirements – Language is added to make it clear that professional geologists are allowed to conduct parts of the geotechnical site investigation they are qualified to perform. They will be required to sign and seal those portions of the geotechnical report.
Rule 62-701.500 Landfill Operation Requirements – The waste quantity reporting requirements have been changed from quarterly to annually, and the types of waste to report have been clarified. Temporary storage requirements for management of unauthorized wastes inadvertently received at the facility are added.
Rule 62-701.510 Water Quality and Leachate Monitoring Requirements – A variety of changes have been made to this rule including the following key provisions:
• The applicability language has been clarified to apply to all operation and closure permit applications, not just construction. Some provisions do not apply to disposal units in operation prior to January 6, 1993.
• Monitoring requirements for Class II landfills have been removed to be consistent with recent statutory changes to Chapter 403, F.S.
• Additional standards for monitoring well construction are referenced in the rule (ASTM D5092).
• Clarification is added that initial ground water quality sampling will be required for any newly installed monitoring well unless it is merely replacing an existing well.
• If only iron, aluminum, manganese, sulfated or total dissolved solids are detected in the detection wells in concentrations above background or standards, then only these parameters need to be monitored during evaluation monitoring.
• Specifies that Chapter 62-780, F.A.C. must be used to conduct corrective actions for water quality violations at solid waste management facilities, and clarifies which parts of that Chapter are applicable at permitted facilities.
• A change is made to require water quality data be submitted to the Department in an electronic format unless an alternate form of submittal is specified in the permit.
Rule 62-701.520 Special Waste Handling – Clarified the use of contaminated soils as cover at permitted landfills. Allows dead captive wildlife and disease-free dead domestic animals to be buried on-site or disposed of at Class I landfills.
Rule 62-701.530 Gas Management Plan – The odor remediation plan language has been strengthened to require immediate steps be taken when objectionable odors are confirmed off-site, such as increasing initial cover, reducing the size of the working face or ceasing operations. These changes also require conducting routine odor monitoring to evaluate the effectiveness of the odor remediation plan.
Rule 62-701.600 Landfill Final Closure – Updates the applicability language and deletes other language that is obsolete, such as the requirements for a closure schedule and a closure report. New language is added to require the closure be conducted in accordance with the closure plan. Language from other rule sections has been relocated into this section to improve the organization. These parts include the certification of closure construction, survey monuments, final survey report, and declaration to the public and official date of closing requirements.
Rule 62-701.620 Long-Term Care – Changes to this rule make it clear that long-term care (LTC) also includes controlling erosion, filling subsidence areas, complying with the ground water monitoring plan and maintaining the stormwater system. Clarification is also provided to explain what an "ineffective" closure means if the Department decides to extend the LTC period because it has determined the closure is ineffective. New language requires the submission of a stabilization report every five years to evaluate the effectiveness of the closure during the LTC period. Obsolete language on successors in interest has been deleted. The permit transfer language is deleted because it is addressed in Rule 62-701.320, F.A.C.
Rule 62-701.630 Financial Assurance – A variety of changes have been made to this rule including the following key provisions:
• Language is added to make it clear that the name on the financial assurance document must be the same as the permit applicant.
• A new provision is added to allow the permittee to delay submitting proof of financial assurance for a solid waste disposal unit that has not received any waste provided certain requirements are followed. Proof must be submitted at least 60 days prior to receiving waste.
• Clarification is added that if LTC is extended because the permittee has failed to perform the required monitoring and maintenance, then financial assurance can also be extended to the length of the LTC period.
Rule 62-701.710 Waste Processing Facilities – The applicability section of this rule is revised to make it clearer which facilities are considered waste processing facilities. Facilities used for temporary storage of road maintenance byproducts such as street sweepings, ditch and shoulder scrapings and catch basin sediments are exempted from the need to get a waste processing facility permit provided certain requirements are satisfied. Waste processing facilities are required to develop and implement a CCA treated wood plan. Creates a new permit exemption for small transfer stations that consolidate C&D waste from small containers into large containers.
Rule 62-701.730 Construction and Demolition Debris Disposal and Recycling – A variety of changes have been made to this rule including the following key provisions:
• The applicability language has been updated and obsolete provisions deleted.
• The applicant will now be required to specify the following in the permit application: final design height; maximum facility height during operation; documentation addressing disposal, if any, in a 100-year flood plain; 100-foot setback for above ground facilities; procedures for an emergency preparedness plan; and a management plan for CCA treated wood.
• If the facility installs a liner system, the minimum requirements for this system are provided. It shall consist of a single geomembrane, with sumps and leachate collection trenches being required to have a composite liner. The leachate collection system shall be designed for a head not greater than 12 inches.
• The operation plan requirements are modified to include: waste lift depths no greater than 10 unless approved by the Department; external slopes no greater than 3 to 1; and, internal slopes no greater than 3 to 1 unless approved by the Department.
• Above ground disposal units will be required to control the flow of stormwater off the disposal unit at closure by using techniques such as reverse sloping benches and down slope drainage ways.
• Requirements are added for delaying final closure of a site for up to five years provided certain provisions are satisfied.
• The requirement for a declaration to the public at closure is added to the rule. This will help identify locations of these sites in the future after they are closured.
• Clarification is added that the owner must maintain the site during the LTC period and that failure to do so may result in the Department extending the LTC period.
• The requirements for financial assurance of these facilities is clarified, including adding the provision that the permittee may delay submitting proof of financial assurance for a solid waste disposal unit that has not received any waste provided certain conditions are followed. Proof must be submitted at least 60 days prior to receiving waste.
• Clarification is added that if LTC is extended because the permittee has failed to perform the required monitoring and maintenance, then financial assurance can also be extended to the length of the LTC period.
– Unlined C&D disposal facilities are required to develop and implement a CCA treated wood plan. The plan must be designed to minimize the amount of CCA treated wood that is delivered to the facility, and must describe procedures the operator will use to make a reasonable effort to separate any CCA treated wood from other wastes at the facility.
Rule 62-701.803 General Permit for Off-site Disposal of Land Clearing Debris – Clarifies that land clearing debris includes yard trash to be consistent with recent statutory changes to Chapter 403, F.S. Adds requirements that the owner construct the facility in accordance with the site plan and operate it as identified in the notification. New language requires that external slopes be no greater than 3 to 1, and, internal slopes be no greater than 3 to 1 unless approved by the Department. These facilities will also be required to operate so they control objectionable odors.
Rule 62-701.900 Forms – This rule is updated to reflect the changes that are being made to the forms. Some forms are deleted because they have been moved to other rules, others have been added that will now be required by this rule.

RULEMAKING AUTHORITY:

403.061, 403.087, 403.0877, 403.704, 403.716, 403.814 FS.

LAW:

403.021, 403.061, 403.087, 403.702-.7193, 403.75-.769, 403.814 FS.

PRINT PUBLISH DATE:

9/18/2009 Vol. 35/37

COMMENTS:

From 9/18/2009 To 10/9/2009 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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