62-709.300. General Provisions  

Effective on Monday, February 15, 2010
  • 1(1) General provisions relating to solid waste management may be found in Chapter 62-701, F.A.C., including statements of intent, definitions, prohibitions, general permitting req25uirements, alternate procedures, and variances30. Except where the context indicates otherwise, these general provisions apply to this 43c44hapter.

    45(2) No solid waste management facility whose purpose is or includes the production of compost shall be constructed, operated, expanded or modified without an appropriate or currently valid permit 74or registration 76issued by the Department unless specifically exempted by Chapter 403, F.S., Chapter 62-701, F.A.C., or this chapter.

    93(3) 94Except for permits issued in accordance with Rule 10262-709.460, 103F.A.C., the following applies:

    107(a) 108Application for a permit, 112shall be pursuant to the requirements specified in 120Rule 62-701.122320, F.A.C., except that Form 62-701289129.901301131(1) shall be used, 135Application for a Permit to Construct/Operate a Solid Waste Management Facility for the Production of Compost, effective date February 15, 2010, 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 197Department web page at 201http://www.dep.state.fl.us/waste/quick_topics 202/forms/pages/62-709.htm203.

    204(205b206) The Department, after evaluation of a permit application and all supporting information, shall issue or deny a permit pursuant to paragraph 22862-701.320(9)(a), 229(b), or (d), F.A.C. The supporting information shall provide sufficient detail to allow evaluation of the permit application. A copy of the Department-approved engineering drawings, plans, reports, operational plans, and supporting information shall be kept at the facility at all times for reference and inspections.

    274(c) Term of permit. The time period for permits shall be no longer than five years from the date of issuance by the Department.

    298(4) Closure requirements.

    301(a) The owner or operator shall notify the appropriate Department District Office in writing forty-five (45) days prior to ceasing operations, and shall specify a closing date. No waste shall be received by the facility after the closing date.

    340(b) All residuals, solid waste, and recyclable materials shall be removed from the site and recycled, or disposed of pursuant to the requirements of Chapter 62-701, F.A.C., within one month from the date the facility ceases to receive solid waste. Any remaining compost shall be used in accordance with the requirements of this chapter or disposed of pursuant to the requirements of Chapter 62-701, F.A.C.

    405(5) Nothing in this chapter is intended to relieve any person from compliance with the storm water rules found in Chapters 62-25 and 62-330, F.A.C., or with any other local, state or federal requirements.

    439(6) The following activities or facilities are not regulated under this chapter:

    451(452a453) Simple exposure of solid waste with little to no mechanical handling that results in natural decay; 470this 471is considered disposal and is 476regulated under 478Chapter 62-701, F.A.C.

    481(b482) 483Composting of s486olid waste as a volume reduction measure prior to intended disposal; 497this is considered waste processing and 503is regulated under Chapter 62-701, F.A.C.

    509(510c511) Composting facilities that process domestic wastewater residuals with yard trash; 522these 523are regulated under Chapter 62-640, F.A.C. 529Composting facilities that process domestic wastewater residuals with other solid wastes are regulated under this chapter. However, nothing in this chapter shall relieve such facilities from complying with other applicable federal or state rules or regulations regarding domestic wastewater residuals management.

    570(d) Facilities where industrial byproducts are segregated and managed, provided that the operation is either exempt from permitting under Section 590403.7045, F.S., 592or is regulated under another Department permit or certification.

    601(7) Prohibitions.

    603(604a605) No person shall cause or allow the discharge of air pollutants 617that 618cause objectionable odor in violation of Chapter 62-296, F.A.C.

    627(628b629) The prohibitions of 633Rule 63462-701.300, 635F.A.C., as well as the siting restriction of subsection 64462-701.320645(16463647), F.A.C., apply to facilities 652regulated under this chapter656.

    657(658c659) No solid waste 663processed in accordance with this chapter 669shall be 671placed 672in any natural or artificial body of water 680or wetland, unless authorized under a permit from the Department or a water management district, or in an 698open sinkhole 700or a dewatered pit.

    704(d705) No treated or untreated biomedical waste, as regulated by Chapter 64E-16, F.A.C., shall be accepted at 722organics processing or recycling 726facilities.

    727(e728) Used oil, hazardous waste and asbestos-containing waste shall not be processed into 741recyclable organic materials 744except for small quantities normally found in household waste.

    753(8) Compost.

    755(a) Any compost produced from solid waste, excluding compost made with only yard trash or pre-consumer vegetative waste, must be disinfected. One of the following options must be used to demonstrate that disinfection has been achieved (the test frequencies for these options are contained in paragraphs 80162-709.530(1)(b) 802and (c), F.A.C.):

    8051. Option 1 – at the time composted solid waste has completed the disinfection process:

    820a. Either the density of fecal coliform is less than 1000 Most Probable Number per gram total solids, or the density of 842Salmonella 843sp. bacteria is less than three Most Probable Number per four grams of total solids; and

    859b. One of the following process controls is achieved:

    868i. Maintain 55 degrees Celsius or higher for three consecutive days in a mechanical composter or in an aerated, insulated static pile; or

    891ii. Maintain 55 degrees Celsius or higher for 15 consecutive days in a windrow with at least five turnings of the windrow.

    9132. Option 2 – at the time material is ready to be used, or the pathogen reduction process has been competed:

    934a. Either the density of fecal coliform is less than 1000 Most Probable Number per gram total solids, or the density of 956Salmonella 957sp. bacteria is less than three Most Probable Number per four grams of total solids; and

    973b. The density of enteric viruses are less than one Plaque-forming Unit per four grams of total solids; and

    992c. The density of viable helminth ova is less than one per four grams of total solids.

    1009(b) Temperature monitoring shall be at a depth of two feet into the pile. The temperature readings and the length of the composting period shall be recorded. These records shall be kept for at least three years and shall be made available for inspection by Department personnel.

    1056(c) Any compost that cannot be used pursuant to the requirements of this chapter shall be reprocessed or disposed of pursuant to the requirements of Chapter 62-701, F.A.C.

    1084(9) Permit fees for organic solid waste recycling facilities. Notwithstanding the provisions of paragraph 109862-4.050(4)(j) 1099and Rule 110162-701.315, 1102F.A.C., the following fees shall apply to permit applications associated with this chapter. The provisions of paragraphs 111962-4.050(4)(o) 1120through (v), F.A.C., continue to apply to such permits or applications. Fees for permit transfers and alternate procedures are established in Rule 114262-701.315, 1143F.A.C., and fees for permit modifications are established in subsection 115362-701.320(4), 1154F.A.C.

    1155(a) Construction permits.

    11581. Manure or yard trash composting facility1165$  2,000

    11682. Solid waste composting facility1173$  5,000

    1176(b) Operation permits.

    11791. Manure or yard trash composting facility1186$  1,000

    11892. Solid waste composting facility1194$  3,000

    1197(c) Transfer of permit.1201$       50

    1203(d) Registrations for yard trash processing facilities1210$       35

    1212(e) Registration for composting of yard trash, vegetative wastes, animal byproducts or manure or blending facilities1228$       35

    1230(g) Permit for a solid waste organics recycling pilot projects1240$     250

    1242(h) Request for an alternate procedure to provisions in this rule1253$     500

    1255(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.

    1293Rulemaking 1294Authority 1295403.061, 1296403.704, 1297403.7043 FS. 1299Law Implemented 1301403.7043, 1302403.707 FS. 1304History–New 11-21-89, Formerly 17-709.1308300, Amended 12-17-96, 10-22-00, 2-15-10.

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