62-640.100. Scope, Intent, Purpose, and Applicability  


Effective on Monday, June 21, 2021
  • 1(1) All domestic wastewater treatment facilities which use biological treatment processes generate biosolids as a by-product of the treatment process. The Department finds that unregulated use, disposal, or land application of biosolids poses a threat to the environment and public health.

    42(a) It is the intent of the Department in this chapter to regulate the management, use, and land application of biosolids so as to ensure protection of the environment and public health.

    74(b) The Department encourages the highest levels of treatment, quality, and use for biosolids.

    88(c) The Department further encourages the beneficial use of biosolids in a manner which will foster public acceptance, as well as innovative and alternative uses for biosolids such as bioenergy-related uses.

    119(2) This chapter establishes minimum requirements for biosolids which are to be applied to land for agricultural purposes, distributed and marketed, or used for land reclamation. Included are biosolids which are composted with yard trash, wood chips, or similar bulking agents and ultimately applied to land or distributed and marketed.

    169(3) This chapter also establishes minimum requirements for septage which will be treated at facilities permitted by the Department and will be applied to land for agricultural purposes or land reclamation.

    200(4) The purpose of Chapter 62-640, F.A.C., is to provide minimum requirements for the treatment and management of biosolids and septage applied to land, or distributed and marketed; establish land application criteria; and define requirements for agricultural operations which have received or will receive biosolids or septage.

    247(5) Applicability.

    249(a) Requirements in this chapter shall apply to domestic wastewater treatment facilities and biosolids management facilities that generate, treat, or manage biosolids.

    271(b) Requirements in this chapter shall also apply to appliers or distributors of biosolids or biosolids products, and to owners or operators of application sites which receive biosolids.

    299(c) Unless specifically provided otherwise in this chapter, requirements in this chapter shall apply to all septage management facilities that apply septage to agricultural sites or reclamation sites. Requirements in this chapter shall also apply to appliers of septage, and to operators or owners of an agricultural site or reclamation site which receive septage from facilities permitted under this chapter.

    359(d) Unless specifically provided otherwise in this chapter, requirements in this chapter that apply to biosolids shall also apply to septage from facilities regulated by the Department; to products derived from such septage, biosolids, or combinations thereof; and to the products and treated material from biosolids treatment facilities and septage management facilities regulated by the Department.

    415(e) Unless specifically provided otherwise in this chapter, requirements in this chapter shall apply to composting facilities, as defined by this chapter, which use yard trash, wood chips, or similar bulking agents, and apply the resulting compost to land or distribute and market the resulting compost.

    461(f) Unless specifically provided otherwise in this chapter, facilities and biosolids application sites shall meet the requirements of this chapter in accordance with paragraphs (g) and (h), below.

    489(g) New or renewed facility or biosolids land application site permits issued after July 1, 2020, shall meet the requirements of this chapter no later than within one year of June 21, 2021.

    522(h) All permits for facilities and biosolids land application sites shall meet the requirements of this chapter within two years of June 21, 2021.

    546(i) 547Biosolids 548or 549biosolids 550products which are generated outside of Florida but imported to Florida are subject to the provisions of this chapter.

    569(j) Requirements in this chapter do not apply to the treatment, management, or disposal of industrial sludges, septage, or residuals resulting from industrial wastewater treatment except as provided for in paragraphs 60062-640.100(6)(f) 601and 60262-640.880(2)(c), 603F.A.C.

    604(6) Other Applicable Rules and Requirements.

    610(a) The land application of biosolids shall be consistent with the applicable requirements of Section 625373.811(4), F.S., 627the applicable requirements of basin management action plans (BMAPs) adopted pursuant to Section 640403.067(7), F.S., 642and with the applicable requirements of reasonable assurance plans (RAPs) adopted in accordance with Section 657403.067(4), F.S., 659and Rule 66162-303.600, 662F.A.C.

    663(b) Disposal of biosolids, septage, and other solids in a solid waste landfill shall be in accordance with Chapter 62-701, F.A.C.

    684(c) Disposal of biosolids by placement on land for purposes other than soil conditioning or fertilization, such as at a monofill, surface impoundment, waste pile, or dedicated site shall be in accordance with Chapter 62-701, F.A.C.

    720(d) Incineration of biosolids is regulated under Chapters 62-204, 62-210, 62-212, 62-213, 62-296, and 62-297, F.A.C., and the Resource Conservation and Recovery Act.

    743(e) Co-composting of biosolids with yard trash, wood chips or similar bulking agents shall be in accordance with Chapter 62-640, F.A.C. Co-composting of biosolids with other solid waste materials shall be in accordance with Chapter 62-709, F.A.C.

    780(f) Biosolids blended or mixed with other wastes shall meet the requirements of this chapter.

    795(g) Disposal of screenings and grit from the preliminary treatment components of wastewater treatment facilities, solids from sewer line cleaning operations, and solids from lift stations and pump stations shall be in accordance with Chapter 62-701, F.A.C.

    832(h) Transportation of biosolids is regulated by the Florida Department of Transportation in accordance with Chapter 316, F.S., and 49 Code of Federal Regulations (CFR).

    857Rulemaking Authority 859373.043, 860403.051, 861403.061, 862403.062, 863403.0855, 864403.087, 865403.088, 866403.704, 867403.707 FS. 869Law Implemented 871373.4595, 872403.021, 873403.051, 874403.061, 875403.0855, 876403.087, 877403.088, 878403.0881, 879403.702, 880403.704, 881403.707, 882403.708 FS. 884History–New 8-12-90, Formerly 17-640.100, Amended 3-30-98, 8-29-10, 6-21-21, per Ch. 2021-153, Laws of Florida.