62-640.850. Distribution and Marketing of - Class AA Biosolids

The distribution and marketing of biosolids or biosolids products shall meet the requirements of this section and this chapter, but are not required to meet subsections 62-640.300(2) and (3), F.A.C.; Rule 62-640.500, F.A.C.; paragraphs 62-640.650(3)(b) through (d), F.A.C.; paragraphs 62-640.650(4)(c) through (j), F.A.C.; paragraphs 62-640.650(5)(c) through (e), F.A.C.; paragraphs 62-640.650(6)(a), (b), (f), and (g), F.A.C.; subsections 62-640.700(1) through (4), F.A.C.; subsections 62-640.700(6) through (12), F.A.C.; and rule 62-640.800, F.A.C.

(1) Distributed and marketed biosolids or biosolids products shall meet the requirements for Class AA biosolids as defined in subsection 62-640.200(11), F.A.C.

(2) Distributed and marketed biosolids or biosolids products shall be distributed and marketed as a fertilizer in accordance with Chapter 576, F.S., and Chapter 5E-1, F.A.C., or distributed and marketed to a person or entity that will sell or give-away the biosolids or biosolids products as a fertilizer or as a component of a fertilizer subject to Chapter 576, F.S., and Chapter 5E-1, F.A.C. For the purposes of this chapter, biosolids composts that are distributed and marketed outside of the Lake Okeechobee, St. Lucie River, and Caloosahatchee River watersheds, as defined in Section 373.4595, F.S., do not have be to distributed and marketed as a fertilizer if the biosolids compost product is enrolled and certified under the U.S. Composting Council’s (USCC) Seal of Testing Assurance (STA) program under the USCC STA program document, Rules for STA Certified Compost, May 6, 2020, hereby adopted and incorporated by reference http://www.flrules.org/Gateway/reference.asp?No=Ref-13267. A copy of the USCC STA program document is available from the Wastewater Management Program, M.S. 3545, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

(3) Any treatment facility which produces biosolids in Florida that will be distributed and marketed or any person who delivers biosolids to Florida to be distributed and marketed shall submit the information listed in paragraph 62-640.850(3)(b), F.A.C., to the Department.

(a) The information shall be submitted as follows:

1. Florida facilities shall submit the information with the treatment facility permit application. The information shall be updated and re-submitted with each permit renewal application.

2. Persons shipping biosolids into Florida for distribution and marketing shall submit the information with the notification required by subsection 62-640.850(6), F.A.C. The information shall be updated and re-submitted every five years.

(b) The information shall include:

1. The Florida fertilizer license number assigned in accordance with Florida’s Commercial Fertilizer Law, Chapter 576, F.S., and Chapter 5E-1, F.A.C., under which the biosolids or biosolids products will be distributed and marketed or documentation showing proof of certification for biosolids composts enrolled in the USCC STA program,

2. The quantity and characteristics of the biosolids or biosolids products to be distributed and marketed annually,

3. A description of the planned distribution and marketing operations, methods, and procedures,

4. Procedures for transportation, storage, and application for the biosolids or biosolids products by the facility or person shipping biosolids into Florida for distribution and marketing,

5. The label or information sheet, as applicable, to be provided at the time of distribution and marketing of the biosolids in accordance with subsection 62-640.850(5), F.A.C., Chapter 576, F.S., and Chapter 5E-1, F.A.C., or equivalent information for biosolid composts certified and enrolled in the USCC STA program,

6. Management procedures for ensuring biosolids meet Class AA requirements prior to distribution and marketing, including procedures for notifying persons who received biosolids that failed to meet Class AA requirements; and,

7. Contingency plans if the biosolids or biosolids products are not distributed or marketed as planned.

(4) Any treatment facility distributing and marketing biosolids in Florida or any person who delivers biosolids to Florida shall submit a monthly Discharge Monitoring Report with the following information:

(a) The total quantity of biosolids (dry tons) distributed and marketed in Florida. Treatment facility permittees in Florida also shall report the total quantity of biosolids (dry tons) distributed and marketed outside of Florida;

(b) The name and address of the treatment facility or person that produced the biosolids; and,

(c) The results of monitoring performed in accordance with subparagraph 62-640.650(3)(a)3., F.A.C. For facilities located outside the state of Florida, a biosolids analysis report(s) from a laboratory certified in accordance with paragraph 62-620.610(18)(d), F.A.C., to perform the analyses being reported, for each month the biosolids were distributed and marketed in Florida, shall be included with the Discharge Monitoring Report.

(5) In addition to any fertilizer labeling requirements of Chapter 576, F.S., and Chapter 5E-1, F.A.C., or the equilavent information for biosolids composts certified and enrolled in the USCC STA program, the following information must be made available to the users by the manufacturer by product labels or other means:

(a) The name and address of the treatment facility or person that produced the biosolids;

(b) A statement that the biosolids or biosolids product meets the criteria of subsection 62-640.700(5), F.A.C.;

(c) Recommendations on proper storage of the biosolids or biosolids product prior to use and a recommendation that biosolids be applied at a rate that does not exceed crop or plant nutrient needs. For distributed quantities of biosolids or biosolids products greater than one dry ton, the recommendations on proper storage shall include the prohibition language from subsection 62-640.400(13), F.A.C.

(6) Any person who intends to begin shipping biosolids into Florida for distribution and marketing shall notify the Department in writing of their intent to distribute and market the biosolids in Florida and provide reasonable assurance that the biosolids meet the requirements for Class AA biosolids. The notification shall be sent to the Wastewater Management Program, M.S. 3545, 2600 Blair Stone Road, Tallahassee, FL 32399-2400. The notification shall be submitted at least 30 days prior to initiating shipment of the biosolids into Florida. Any persons currently shipping biosolids into Florida for distribution and marketing shall have 90 days after August 29, 2010 to provide the notification. The notification shall include:

(a) The name of the treatment facility producing the biosolids;

(b) A copy of the treatment facility permit from the state permitting authority where the facility is located;

(c) The treatment facility address and telephone number;

(d) The name of the person or entity shipping the biosolids into Florida;

(e) The name of the principal executive officer or authorized agent for the entity shipping the biosolids into Florida;

(f) The contact information for the person or entity shipping the biosolids into Florida;

(g) A description of how the biosolids meet the requirements of Rule 62-640.850, F.A.C., and documentation demonstrating the biosolids meet the pathogen reduction and vector attraction reduction requirements;

(h) A copy of the latest analysis report from a laboratory certified in accordance with paragraph 62-620.610(18)(d), F.A.C.;

(i) A copy of the most recent treatment facility annual report submitted to EPA in accordance with 40 C.F.R. 503.18, codified as of July 1, 2018, which the Department hereby adopts and incorporates by reference http://www.flrules.org/Gateway/reference.asp?No=Ref-13268. A copy of 40 C.F.R. 503.18 is available from the Wastewater Management Program, M.S. 3545, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400. Facilites not required by EPA to submit an annual report shall submit a report equivalent to an EPA report in accordance with 40 C.F.R. Section 503.18;

(j) The approximate date of the first shipment into Florida;

(k) The brand name and product type of the biosolids; and,

(l) The information listed in subsection 62-640.850(3), F.A.C.

(7) By February 19 of each year, any person shipping biosolids to Florida for distribution and marketing shall submit a copy of the applicable EPA facility annual biosolids report required by 40 C.F.R. 503.18, to the Wastewater Management Program, M.S. 3545, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

Rulemaking Authority 373.043, 403.051, 403.061, 403.062, 403.0855, 403.087, 403.088, 403.704, 403.707 FS. Law Implemented 373.4595, 403.021, 403.051, 403.061, 403.0855, 403.087, 403.088, 403.0881, 403.702, 403.704, 403.707, 403.708 FS. History–New 8-12-90, Formerly 17-640.850, Amended 3-30-98, 8-29-10, 6-21-21, per Ch. 2021-153, Laws of Florida.