62-673.600. Closure of Phosphogypsum Stacks

(1) Applicability. Rules 62-673.600-.650, F.A.C., are applicable to all existing phosphogypsum stack systems, active or inactive, except those closed or required to be closed under a Department permit or pursuant to a consent order in effect before 3-25-93. These rules also apply to all construction permit applications for new phosphogypsum stack systems.

(2) By September 21, 1993, owners or operators of inactive phosphogypsum stack systems shall submit a closure permit application to the Department on Form 62-673.900(3), Application for Permit to Close a Phosphogypsum Stack System, effective 3-25-93, which is adopted and incorporated herein by reference. This form may be obtained by contacting the appropriate district office or by writing the Department of Environmental Protection, Bureau of Mining and Minerals Regulation, Phosphate Management Program, 13051 North Telecom Parkway, Temple Terrace, Florida 33637-0926. The application shall include a closure plan as specified in Rule 62-673.610, F.A.C.

(3) By December 29, 2005, owners or operators of phosphogypsum stack systems shall submit general plans and schedules for closure of its phosphogypsum stack systems. This requirement shall not apply to systems that are closed, are undergoing closure, or for which an application for a closure permit has been submitted as of July 2, 2005. The general plans and schedules shall include:

(a) A description of the physical phosphogypsum stack system configuration as of the end of its useful life;

(b) A site-specific water management plan describing the procedures to be employed during closure of the system to manage the anticipated volume of process wastewater in accordance with Chapters 62-620, 62-672, and 62-673, F.A.C. The plan shall address the management, treatment, and disposal of ponded and pore process wastewater, both during closing activities and long-term care;

(c) An estimate of all costs associated with closure of the system, including the costs of closing, long-term care, and implementation of the site-specific water management plan, in accordance with subsection 62-673.640(2), F.A.C.; and

(d) A description of all construction work necessary to properly close the system in accordance with Rule 62-673.610, F.A.C.

(4) Applicants for construction permits for new phosphogypsum stack systems or lateral expansions of existing systems shall include in the application general plans and schedules for closure of the facility, and shall comply with Rule 62-673.640, F.A.C.

(5) At least 90 days before the deactivation of a phosphogypsum stack system, the owner or operator shall submit a closure permit application including a closure plan to the Department to comply with Rule 62-673.610, F.A.C. For purposes of this rule, a phosphogypsum stack system is considered inactive when it is no longer receiving phosphogypsum and when the owner or operator does not intend to, and in fact does not, deposit any significant quantity of phosphogypsum there within one year.

(6) The owner or operator of a phosphogypsum stack system may request in writing a determination by the Department that the provisions of subsection (5) of this rule shall not apply, and shall request approval of a temporary deactivation of the phosphogypsum stack system on a yearly basis. The Department shall authorize by order each temporary deactivation approved for an individual phosphogypsum stack system in accordance with this subsection or shall deny by order the request for such approval. Each request shall set forth at least the following information:

(a) The specific phosphogypsum stack system or phosphogypsum stack for which approval is sought;

(b) A demonstration that current economic conditions justify a temporary deactivation of the phosphogypsum stack system;

(c) An estimate of the duration of the temporary deactivation of the phosphogypsum stack system, and a demonstration that the stack system is reasonably expected to become active within this estimated time period; and

(d) A description of the measures to be taken to assure that the phosphogypsum stack system will pose no significant threat to the public health and the environment during the temporary deactivation.

Rulemaking Authority 403.061, 403.4154, 403.704 FS. Law Implemented 403.4154, 403.707 FS. History–New 3-25-93, Formerly 17-673.600, Amended 1-16-97, 7-2-05.