62-709.300. General Provisions

(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 requirements, alternate procedures, and variances. Except where the context indicates otherwise, these general provisions apply to this chapter.

(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 or registration issued by the Department unless specifically exempted by Chapter 403, F.S., Chapter 62-701, F.A.C., or this chapter.

(3) Except for permits issued in accordance with Rule 62-709.460, F.A.C., the following applies:

(a) Application for a permit, shall be pursuant to the requirements specified in Rule 62-701.320, F.A.C., except that Form 62-709.901(1) shall be used, Application 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 Department web page at http://www.dep.state.fl.us/waste/quick_topics /forms/pages/62-709.htm.

(b) The Department, after evaluation of a permit application and all supporting information, shall issue or deny a permit pursuant to paragraph 62-701.320(9)(a), (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.

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

(4) Closure requirements.

(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.

(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.

(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.

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

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

(b) Composting of solid waste as a volume reduction measure prior to intended disposal; this is considered waste processing and is regulated under Chapter 62-701, F.A.C.

(c) Composting facilities that process domestic wastewater residuals with yard trash; these are regulated under Chapter 62-640, F.A.C. Composting 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.

(d) Facilities where industrial byproducts are segregated and managed, provided that the operation is either exempt from permitting under Section 403.7045, F.S., or is regulated under another Department permit or certification.

(7) Prohibitions.

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

(b) The prohibitions of Rule 62-701.300, F.A.C., as well as the siting restriction of subsection 62-701.320(13), F.A.C., apply to facilities regulated under this chapter.

(c) No solid waste processed in accordance with this chapter shall be placed in any natural or artificial body of water or wetland, unless authorized under a permit from the Department or a water management district, or in an open sinkhole or a dewatered pit.

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

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

(8) Compost.

(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 62-709.530(1)(b) and (c), F.A.C.):

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

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

b. One of the following process controls is achieved:

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

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

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

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

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

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

(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.

(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.

(9) Permit fees for organic solid waste recycling facilities. Notwithstanding the provisions of paragraph 62-4.050(4)(j) and Rule 62-701.315, F.A.C., the following fees shall apply to permit applications associated with this chapter. The provisions of paragraphs 62-4.050(4)(o) through (v), F.A.C., continue to apply to such permits or applications. Fees for permit transfers and alternate procedures are established in Rule 62-701.315, F.A.C., and fees for permit modifications are established in subsection 62-701.320(4), F.A.C.

(a) Construction permits.

1. Manure or yard trash composting facility$  2,000

2. Solid waste composting facility$  5,000

(b) Operation permits.

1. Manure or yard trash composting facility$  1,000

2. Solid waste composting facility$  3,000

(c) Transfer of permit.$       50

(d) Registrations for yard trash processing facilities$       35

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

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

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

(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.

Rulemaking Authority 403.061, 403.704, 403.7043 FS. Law Implemented 403.7043, 403.707 FS. History–New 11-21-89, Formerly 17-709.300, Amended 12-17-96, 10-22-00, 2-15-10.