Notice of Change/Withdrawal

DEPARTMENT OF ENVIRONMENTAL PROTECTION
RULE NO: RULE TITLE
62-709.201: Definitions
62-709.300: General Provisions
62-709.305: Exemptions
62-709.320: Yard Trash Processing Facilities
62-709.350: Specific Criteria for Registration of Facilities Composting Vegetative Wastes, Animal Byproducts or Manure, or Blending Manure
62-709.460: Special Permitting Criteria for Solid Waste Organics Recycling Pilot Projects
62-709.530: Testing, Recording and Reporting Requirements
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. 44, November 6, 2009 issue of the Florida Administrative Weekly.

CRITERIA FOR ORGANICS PROCESSING AND RECYCLING FACILITIES

THE PRODUCTION AND USE OF COMPOST MADE FROM SOLID WASTE

62-709.201 Definitions.

(1) “Anaerobic digestion” means the process by which biological decomposition of organic products is carried out under controlled anaerobic conditions, and that stabilizes the organic fraction into a material which can easily and safely be stored, handled, and used in an environmentally acceptable manner.

(2)(1) “Animal byproducts” means source-separated organic solid waste that is animal in origin, such as meat, fat, dairy, or eggs, and is generated by commercial, institutional, agricultural, or industrial operations. This term includes waste generated by prison facilities, grocery stores and, manufacturing or packaging plants, butcher shops, restaurants and abattoirs, but does not include waste generated by manufacturing or packaging plants, abattoirs, and butcher shops, including butcher shops in grocery stores. This term also includes packaging that has come into contact with animal byproducts. These wastes will be viewed as putrescible waste in this chapter.

(2) through (19) renumbered (3) through (20) No change.

(21)(20) “Stabilized” means that biological and chemical decomposition of the wastes has ceased or diminished to a level so that such decomposition no longer poses a pollution, health, or safety hazard. The term means that biological decomposition of the waste that was composted or anaerobically digested has occurred to a sufficient degree that will allow beneficial use. As regards composting, it also means that the compost has at least passed through the thermophilic stage, and that biological decomposition of the solid waste has occurred to a sufficient degree that will allow beneficial use.

(21) through (25) renumbered (22) through (26) No change.

62-709.300 General Provisions.

(1) through (9) No change.

(10) Nothing in the chapter is intended to prohibit the beneficial use of sludge or other byproducts, generated from an anaerobic digestion process, that is not expected to pose a significant threat to public health or the environment.

 62-709.305 Exemptions.

The following activities do not require a permit or registration under this chapter provided no public nuisance or any condition adversely affecting the environment or public health is created and the activity does not violate other state or local laws, ordinances, rules, regulations, or orders.

(1) No change.

(2) Normal farming operations. For purposes of this chapter, the following will be considered normal farming:

(a) Composting or anaerobic digestion of wastes generated on the farm, as part of agronomic, horticultural or silvicultural operations, for use on the farm, as part of agronomic, horticultural or silvicultural operations;

(b) No change.

(c) Composting or anaerobic digestion of yard trash, manure, or vegetative wastes generated from off the farm, for use on the farm, as part of agronomic, horticultural or silvicultural operations;

(d) through (e) No change.

(3) through (5) No change.

62-709.320 General Provisions for Registrations.

(1) No change.

(2) Design and operating requirements.

(a) through (d) No change.

(e) Solid waste received at a registered facility must be processed timely as follows:

1. Any yard trash, including clean wood, received at the facility shall be size- sized reduced or removed within 6 months, or within the period required to receive 3,000 tons or 12,000 cubic yards, whichever is greater greatest. However, logs with a diameter of 6 inches or greater may be stored for up to 12 months before they are size-reduced or removed, provided the logs are separated and stored apart from other materials on site.

2. No change.

(f) through (g) No change.

(3) Registration. Owners or operators of solid waste facilities, that qualify for registration, shall register with the Department before beginning operation, unless they are operating under a solid waste management facility permit as specified in paragraph (1)(c) of this rule.

(a) through (c) No change.

(d) The application for registration shall include the annual report required in subsection (4) of this rule. Owners and operators of solid waste organics recycling facilities that are submitting registration applications and have not begun operating during the applicable calendar year are not required to submit the annual report for that calendar year subject to this requirement of this paragraph.

(4) Record keeping and reporting.

(a) Monthly records of incoming and outgoing materials shall be kept on site or at another location as indicated on the registration form for at least three years. The values may be in cubic yards or tonnage, but the same unit of measurement shall be used to record both incoming and outgoing materials. An annual report, based on the preceding calendar year, shall summarize the monthly records and shall be submitted by July 1 to the Department using Form 62-709.901(3), Application for Registration and Annual Report for a Yard Trash Transfer Station or Solid Waste Organics Recycling Facility, effective date XXX, hereby adopted and incorporated by reference. Copies of this form are available from a local District Office or by writing to the Department of Environmental Protection, Solid Waste Section, MS 4565, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400 or from the Department web page at http://www.dep.state.fl.us/waste/quick_topics/ forms/pages/62-709.htm. The registrant may submit the annual report to the Department electronically. The initial annual report for existing facilities shall also include a current site inventory of materials.

(b) No change.

62-709.350 Specific Criteria for Registration of Facilities Composting Vegetative Wastes, Animal Byproducts or Manure, or Blending Manure.

(1) through (5) No change.

(6) The owner or operator of a facility producing compost produced, or the manure blended with yard trash or soil, must demonstrate that disinfection has been achieved be disinfected using one of the options in paragraph subsection 62-709.300(8)(a), F.A.C. However, such demonstration that disinfection has been achieved is not required if the compost was made from pre-consumer vegetative waste, with or without yard trash.

(7) No change.

62-709.460 Special Permitting Criteria for Solid Waste Organics Recycling Pilot Projects.

(1) through (3) No change.

(4) A permit application for a pilot project shall be submitted on Form 62-709.901(4), Permit Application for a Solid Waste Organics Recycling Pilot Project, effective [eff date], hereby adopted and incorporated by reference. Copies of this form are available from a local District Office or by writing to the Department of Environmental Protection, Solid Waste Section, MS 4565, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400 or from the Department web page at http://www.dep.state.fl.us/waste/quick_topics/forms/pages/62- 709.htm. The application shall include the following:

(a) through (f) No change.

(g) The methods to be used to disinfect the solid waste processed, and the option specified in paragraph 62-709.300(8)(7)(a), F.A.C., that will be used to demonstrate that disinfection has been achieved;

 (h) through (k) No change.

(5) through (9) No change.

62-709.530 Testing, Recording and Reporting Requirements.

(1) through (2) No change.

(3) Owners and operators of facilities producing compost made from solid waste shall submit to the Department an annual report by June 1. The report shall be submitted on Form 62-709.901(2), Annual Report for a Solid Waste Management Facility Producing Compost Made from Solid Waste, effective date XXX, hereby adopted and incorporated by reference. Copies of this form are available from a local District Office or by writing to the Department of Environmental Protection, Solid Waste Section, MS 4565, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400 or from the Department web page at http://www.dep.state.fl.us/waste/quick_topics/ forms/pages/62-709.htm. The owner or operator of the facility may submit the annual report to the Department electronically. The report shall include:

(a) through (f) No change.