Notice of Change/Withdrawal

DEPARTMENT OF ENVIRONMENTAL PROTECTION
RULE NO: RULE TITLE
62-701.210: Documents Incorporated by Reference
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
62-701.520: Special Waste Handling
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
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 35 No. 37, September 18, 2009 issue of the Florida Administrative Weekly.

62-701.210 Documents Incorporated by Reference.

Specific references to the documents listed below are made throughout this chapter. These documents are adopted as standards and are incorporated into this chapter by reference. The reference documents are available for inspection at the Department’s district offices.

(1) through (11) No change.

(12) GRI Test Method GM13 revision 9 6 dated June 1, 2009 23, 2003.

(13) PGI 1104 Specification for PVC Geomembrane, effective April 15, 2008 January 1, 2004.

(14) through (17) No change.

(18) GRI Test Method GM17 revision 6 3 dated June 1, 2009 23, 2003.

(19) through (20) No change.

62-701.300 Prohibitions.

(1) through (18) No change.

Rulemaking Authority No change.

Law Implemented 403.704, 403.7045(3)(d), 403.707, 403.708 FS.

History No change.

62-701.310 Approval of Alternate Procedures and Requirements.

(1) through (7) No change.

Rulemaking Authority 403.0877, 403.704, 403.707 FS.

Law Implemented No change.

History No change.

62-701.315 Permit Fees for Solid Waste Management Facilities.

Notwithstanding the provisions of paragraph 62-4.050(4)(j), F.A.C., the following fees shall apply to permit applications for solid waste management facilities. The provisions of paragraphs 62-4.050(4)(o) through (v), F.A.C., continue to apply to such permits or applications. Fees for permit modifications are established in subsection 62-701.320(4), F.A.C.

(1) through (3) No change.

(4) Waste processing facility.

(a) Construction/operation permit                                                                                   $2,000 3,000

(b) No change.

(5) Construction and demolition debris disposal facilities.

(a) Construct, operate, and close a facility, including facilities that also recycle    $2,500 4,000

(b) through (c) No change.

(6) through (11) No change.

62-701.320 Solid Waste Management Facility Permit Requirements, General.

(1) through (18) No change.

Rulemaking Authority No change.

Law Implemented 403.0877, 403.121(3)(e), 403.702, 403.704, 403.707, 403.716, FS.

History No change.

62-701.520 Special Waste Handling.

(1) through (3) No change.

(4) Contaminated soil. Soil that has been contaminated with petroleum products or any other materials that are not hazardous wastes may be disposed of in Class I landfills, and may be used as initial or intermediate cover material at solid waste disposal facilities, if it meets the criteria of subsections 62-701.200(53) or (55) 62-701.200(33) and (53), F.A.C., as appropriate be used as initial or intermediate cover material at solid waste disposal facilities. Contaminated soil that has the potential to leach constituents in excess of Department ground water standards or criteria may be used only at Class I landfills and only in those areas of the landfill where runoff or infiltration is captured by the leachate collection system.

(5) No change.

62-701.620 Long-Term Care.

(1) through (9) No change.

Rulemaking Authority No change.

Law Implemented 403.703(5), 403.704, 403.707 FS.

History No change.

62-701.630 Financial Assurance.

(1) through (3) No change.

(4) Cost adjustments for closure.

(a) No change.

1. No change.

2. Using an inflation factor derived from the most recent Implicit Price Deflator for Gross National Product published by the U.S. Department of Commerce in its Survey of Current Business as specified in subparagraphs (4)(a)2.a. and b. (4)(b)2.a. and b. of this section. The inflation factor is the result of dividing the latest published annual Deflator by the Deflator for the previous year.

a. through b. No change.

(c) through (d) No change.

(5) No change.

(6) Alternate proof of financial assurance.

(b) 40 CFR Part 264 Subpart H which contains EPA’s rules on financial requirements for owners and operators of hazardous waste facilities are hereby adopted as financial requirements for purposes of this section incorporated by reference as those rules appear in 40 CFR Part 264, revised as of July 1, 2007, except:

1. The following sections of 40 CFR Part 264, Subpart H are specifically not adopted as part of this rule:

a. 264.140(a); 264.140(b); 264.140(d); 264.141(a); 264.141(e); 264.142(b); 264.142(c); 264.143(f)(1); 264.144(b); 264.144(c); 264.145(f)(1); 264.147; 264.149; 264.150; and 264.151.

(7) through (10) No change.

62-701.710 Waste Processing Facilities.

(1) through (3) No change.

(4) Operational requirements.

(a) A permit application for a waste processing facility shall include the following operational requirements:

(1) No change.

2. A plan to inspect the wastes received by the facility, that specifies inspection procedures and procedures to handle unauthorized wastes; and

3. A contingency plan to cover operational interruptions and emergencies such as fires, explosions, or natural disasters.; and

4. A plan for the separation of CCA treated wood and disposal in an approved disposal facility.

(5) through (11) No change.

62-701.730 Construction and Demolition Debris Disposal and Recycling.

(1) Applicability.

(a) No person shall construct, operate or close an off-site construction and demolition debris disposal facility without a permit issued by the Department. All holders of construction or operation permits issued prior to [eff date] that contain conditions not in conformance with this chapter shall apply for modification of the permit to conform to this chapter to the District Office of the Department that issued the permit. The submission shall occur at the time of application for renewal of an existing permit, or before [eff date + 180 days], whichever is earlier. For purposes of this paragraph, a permit issued prior to [eff date], is deemed to include a completed permit application received by the Department prior to [eff date]. However, the provisions of paragraph (4)(h) of this section will not apply to any disposal units of a facility that have received a Department permit authorizing construction or operation prior to [eff date].

(b) No change.

(2) through (21) No change.