62-710.600. Certification Program for Used Oil Transporters

(1) Any used oil transporter that transports over public highways more than 500 gallons of used oil annually, not including oily waste, shall become certified pursuant to this section. This section shall not apply to:

(a) Any local governments or private solid waste hauler under contract to a local government that transports used oil collected from households to a public used oil collection center, or

(b) Any used oil transporter that transports its own used oil, which is generated at its own noncontiguous facilities, to its own central collection facility for storage, processing, or energy recovery. However, such used oil transporter shall provide the proof of financial responsibility required in paragraph (2)(e) of this rule.

(c) Any used oil transporter that always transports less than 55 gallons of used oil, at any time, that is stored in tightly closed containers which are secured in a totally enclosed section of the transport vehicle. For the purposes of this certification, totally enclosed means covered or otherwise protected from the weather.

(2) To become certified and to maintain certification, used oil transporters shall:

(a) Register annually with the Department and comply with the annual reporting and record keeping requirements pursuant to rules 62-710.500 and 62-710.510, F.A.C.;

(b) Show evidence of familiarity with applicable state laws and rules governing used oil transportation by submitting a certification that the used oil transporter is familiar with applicable Florida and federal laws and rules governing used oil transportation, and has an annual and new employees training program in place covering the applicable rules;

(c) Maintain a record of training in the company’s operating record and the individual personnel files indicating the type of training received along with the dated signature of those receiving and providing the training. These records shall be retained for a minimum of three years and available for review by Department personnel during inspections;

(d) Submit to the Department an annual certification in conjunction with the annual registration required under rule 62-710.500, F.A.C., which states that the used oil transporter is familiar with applicable Florida and federal laws and rules governing used oil transportation, has an annual and new employees training program in place covering the applicable rules that is still operating and is being adhered to and is annually reviewed and updated to address changes in regulations which apply to the operation, and which provides an explanation of any modifications to the training program; and,

(e) Have, verify, and maintain vehicle insurance with a combined single limit of no less than $1,000,000.00. Such insurance, or additional policy, must in no way exclude pollution coverage for sudden and accidental alleged or threatened discharge, dispersal, seepage, migration, release or escape of used oil, and must include any cost or expense relating to pollution damage for which the transporter is legally liable. Such insurance must be maintained at all times and be exclusive of legal defense costs.

1. The insurance required in this paragraph may be established by:

a. Evidence of liability insurance, either on a claim made or an occurrence basis, with or without a deductible (with the deductible, if any, to be on a per occurrence or per accident basis and not to exceed ten percent of the equity of the business), using DEP Form 62-730.900(5)(a), “State of Florida Certificate of Liability Insurance Hazardous Waste Transporter and Used Oil Handler,” effective date 4-23-13, which is hereby adopted and incorporated by reference (http://www.flrules.org/Gateway/reference.asp?No=Ref-02081). This form can be obtained on the internet at https://floridadep.gov/waste/permitting-compliance-assistance/content/used-oil-forms or by contacting the Permitting and Compliance Assistance Program, MS 4500, Division of Waste Management, Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400. The insurance policy shall be issued by an agent or company authorized or licensed to transact business in the State of Florida. If the facility has an up-to-date DEP Form 62-730.900(5)(a) on file with the Department, an ACORD form will be accepted for renewal of the same policy with the same carrier if the information on the ACORD form matches the DEP Form 62-730.900(5)(a) the Department has on file for the facility, including the policy number, or the Department has received documentation from the insurance company certifying that the liability policy has not changed along with the ACORD form; or

b. For business entities registered in Florida, evidence of self-insurance provided by the chief financial officer of the business entity.

2. States and the federal government are exempt from the requirements of this paragraph.

(3) The Department shall issue a certification to each transporter that provides reasonable assurance of compliance with the requirements of this section, which shall be valid for the current registration period.

(4) The revocation provisions of section 403.087(7), F.S., apply to certified used oil transporters. That statute authorizes revocations in accordance with the procedural requirements of section 120.60, F.S., upon a finding by the Department that such transporter:

(a) Has submitted false or inaccurate information in its application;

(b) Has violated statutes which the Department is authorized to enforce, Department orders, rules, or certification conditions;

(c) Has failed to submit reports or other information required by Department rule or permit condition, or

(d) Has refused to allow inspection of its records or equipment by Department personnel or other persons when such inspection is authorized by Department rule or permit condition.

Rulemaking Authority 403.061, 403.704, 403.767 FS. Law Implemented 403.767 FS. History–New 1-17-90, Formerly 17-710.600, Amended 6-8-95, 12-23-96, 3-25-97, 6-9-05, 4-23-13, 6-18-18.