62-713.300. General Provisions

(1) Applicability.

(a) This chapter applies only to soil treatment facilities. Nothing in this chapter shall be construed to authorize the disposal of solid waste at soil treatment facilities.

(b) No person shall construct or operate a soil treatment facility without a permit issued by the Department. Persons operating soil treatment facilities under a permit (including a general permit) issued by the Department prior to August 5, 1999, may continue to operate that facility under the terms of their existing permit until it expires, except that the treated soil shall meet the requirements of Rule 62-713.520, F.A.C., by February 1, 2000. All modifications or renewals of existing permits, and all new construction or operation permits issued on or after August 5, 1999 for soil treatment facilities shall comply with this rule.

(c) The design requirements of subsections 62-713.400(1)(e) and (2), F.A.C., shall not apply to any facility for which construction was complete prior to August 5, 1999. These design requirements will apply to any lateral expansion of such a facility.

(d) Ground water monitoring plans which had been approved by the Department prior to August 5, 1999 will be considered to meet the requirements of subsection 62-713.400(3), F.A.C., provided the facility has not significantly changed its operations or types of materials accepted since that approval was given.

(e) For facilities operating under a general permit, a timely and sufficient application for an operation permit for a soil treatment facility will be considered a renewal application for purposes of Section 120.60(4), F.S.

(2) Other requirements.

(a) Soil treatment facilities are considered solid waste management facilities, and contaminated soil is considered solid waste. The following provisions of Chapter 62-701, F.A.C., will apply to such facilities unless otherwise specified herein.

1. Rule 62-701.200, F.A.C., Definitions.

2. Paragraphs 62-701.300(1) and (2)(c)-(h), F.A.C., Prohibitions.

3. Rule 62-701.310, F.A.C., Approval of Alternate Procedures and Requirements.

4. Rule 62-701.320, F.A.C., Solid Waste Management Facility Permit Requirements, General. subsection 62-701.320(12), F.A.C., regarding setbacks from airports, does not apply to soil treatment facilities unless the facility accepts soil contaminated with putrescible wastes.

(b) For stationary facilities, stormwater shall be controlled in accordance with Chapters 62-25 and 62-330, F.A.C. A copy of any permit for stormwater control issued by the Department, or documentation that no such permit is required, shall be submitted to the Department before the facility receives waste. Applicants should be aware that other government agencies may also regulate stormwater management and may require separate permits.

(c) Nothing in this chapter shall be construed to exempt a facility from compliance with local zoning or land use ordinances, or with any other laws, rules, or ordinances. Applicants should also be aware that other Department permits, including permits for air or surface water discharges or solid waste disposal, may be required for soil treatment facilities.

(d) No hazardous waste shall be accepted for treatment at a soil treatment facility unless such a facility is permitted to treat hazardous waste pursuant to Chapter 62-730, F.A.C.

(e) The blending of soils, either before or after treatment, is allowed if the activity will enhance treatment or beneficial use of the soils and if it is included in the facility’s operation plan, with the following exceptions:

1. The blending of contaminated soil with uncontaminated soil to avoid treating the contaminated soil is prohibited; and

2. Soil which exhibits the characteristic of toxicity for metals (EPA HW No. D004-D011) as established in 40 CFR 261.24 may not be blended.

(f) The owner or operator of the facility shall maintain records of blending procedures used both before and after treatment. Either records of blending ratios with calculations to estimate total metals concentrations of blended soil or resampling and analysis of blended soil are acceptable.

(3) Permit application. A permit application to construct or operate a stationary soil treatment facility shall be submitted on Form 62-713.900(1) and shall be signed, dated and sealed by a professional engineer registered under Chapter 471, F.S. It shall provide the information required in subsections 62-701.320(5), (6), (7), (8)(a) and (14), F.A.C. and shall also include the following information:

(a) A site plan, of a scale not greater than 200 feet to the inch, which shows the facility location and identifies the proposed treated and untreated soil storage areas, total acreage of the site, and any other features which are relevant to the prohibitions or location restrictions in this rule, such as water bodies or wetlands on or within 200 feet of the site, and potable water wells on or within 500 feet of the site;

(b) A detailed description of how the applicant will comply with the facility design requirements contained in Rule 62-713.400, F.A.C.;

(c) A hydrogeological investigation which meets the criteria of Rule 62-701.410, F.A.C., and a certification signed and sealed by a professional engineer registered under Chapter 471, F.S., or a professional geologist registered under Chapter 492, F.S., that the location of the facility is not reasonably subject to sinkhole formation and has adequate subsurface strength to support the weight of the facility;

(d) A ground water monitoring plan which meets the criteria set forth in subsection 62-713.400(3), F.A.C.

(e) An operation plan which describes how the applicant will comply with Rule 62-713.500, F.A.C.;

(f) A soil sampling and analysis plan which describes how the applicant will comply with Rule 62-713.510, F.A.C.;

(g) A detailed description of how the applicant will comply with the use of treated soil requirements contained in Rule 62-713.520, F.A.C.;

(h) A closure and long term care plan which describes how the applicant will comply with subsections 62-713.600(1) through (5), F.A.C.;

(i) The financial assurance documentation required by subsection 62-713.600(6), F.A.C.; and

(j) Documentation that the applicant either owns the land or has legal authorization from the land owner to use the land for a soil treatment facility and to conduct long-term care.

(4) Fees. The fee for a permit to construct, operate, and close a soil treatment facility is $2000. The fee for renewing a permit which does not involve additional construction or a significantly different treatment process is $1000. The fee for renewing a permit involving only long-term care is $250. The fee for a general permit to operate a mobile soil treatment facility is $250.

(5) There are several requirements throughout this chapter that requests or demonstrations must be approved by the Department. Unless otherwise specifically stated, this means that the requests or demonstrations must be submitted to the appropriate Department District Office as part of a permit application or request for permit modification. The Department will evaluate such requests or demonstrations in accordance with the applicable criteria set forth in this chapter, and will approve or modify permit conditions if those criteria are met.

(6) Solely for the purposes of this chapter, the management of treated soil will not be considered to pose a “significant threat to public health or the environment” if it is used, stored, or disposed of so that:

(a) The excess lifetime cancer risk level is less than or equal to 1.0 x 10.6, or is not calculable because all potential exposure pathways have been eliminated, or the concentrations of contaminants in the treated soil are no greater than the corresponding background concentrations of the receiving soils;

(b) The hazard index (sum of the hazard quotients) is less than or equal to 1.0, or is not calculable because all potential exposure pathways have been eliminated, or the concentrations of contaminants in the treated soil are no greater than the corresponding background concentrations of the receiving soils; and

(c) The Department’s ground water and surface water standards or criteria will not be violated.

Specific Authority 403.061, 403.704 FS. Law Implemented 403.0877, 403.707 FS. History–New 8-5-99.