62-722.200. Definitions

In addition to applicable definitions in Rule 62-701.200, F.A.C., the following words, phrases, or terms as used in this chapter, unless the context clearly indicates otherwise, shall have the following meanings:

(1) “Amount of recovered materials” means the amount of the types of recovered materials received by a certified person or a registrant, measured in short tons (2,000 pounds equals one short ton).

(2) “Certified person” means any person who handles, purchases, receives, recovers, sells or is an end user of 600 tons or more per year of recovered materials, reports to, and is certified by the Department pursuant to this chapter. A person whose activities are limited strictly to the transportation of recovered materials is not considered to be a person who handles, purchases, receives, recovers, sells or is an end user of recovered materials.

(3) “Department” means the Department of Environmental Protection.

(4) “End User” means a person who makes a product utilizing recovered materials as a raw material in place of, or in addition to, virgin raw materials and who receives more than 600 tons per year of recovered materials from persons in Florida who are not certified.

(5) “Exempt Generator” means:

(a) Any person who produces recovered materials; and

(b) Annually transfers all of its recovered materials to a person who is certified by the Department pursuant to Rule 62-722.400, F.A.C., or who annually transfers an amount of recovered materials less than 600 tons to any combination of in-state persons who make a product utilizing recovered materials as a raw material in place of, or in addition to, virgin raw materials, or to persons out of this state.

(6) “Materials recovery facility” means a solid waste management facility that provides for the extraction from solid waste of recyclable materials, materials suitable for use as a fuel or soil amendment, or any combination of such materials.

(7) “Nonexempt Generator” means:

(a) Any person who produces recovered materials; and

(b) Annually transfers an amount in excess of 600 tons of recovered materials to any combination of in-state persons who make a product utilizing recovered materials as a raw material in place of, or in addition to, virgin raw materials, or to persons out of this state.

(8) “Person” means any and all persons, natural or artificial, including any individual, firm, or association; any municipal or private corporation organized or existing under the laws of Florida or any other state; any county of this state; and any governmental agency of this state or the Federal Government.

(9) “Recovered materials” means metal, paper, (including cardboard), glass, plastic, textile, or rubber materials that have known recycling potential, can be feasibly recycled, and have been diverted and source separated or have been removed from the solid waste stream for sale, use, or reuse as raw materials, whether or not the materials require subsequent processing or separation from each other, but does not include materials destined for any use that constitutes disposal. Recovered materials as described above are not solid waste. Recovered materials do not include other important recyclable materials such as lumber, concrete, brick, wallboard, waste tires, used oil filters, and other materials that are not one of the six types of recovered materials that are specifically identified according to Section 403.703, F.S.

(10) “Recovered materials processing facility” means a facility engaged solely in the storage, processing, resale, or reuse of recovered materials. Such a facility is not a solid waste management facility if it meets the conditions of Section 403.7045(1)(e), F.S.

(11) “Registrant” means any certified recovered materials dealer who is registered with and reports to a local government pursuant to the requirements of this chapter. A person whose activities are limited strictly to the transportation of recovered materials are not considered to be a person who handles, purchases, receives, recovers, sells or is an end user of recovered materials.

(12) “Small quantity” means an amount less than 600 tons per year of the total amount of all recovered materials handled, purchased, received, recovered, sold or used by a person.

(13) “Source separated” means the recovered materials separated from solid waste where the recovered materials and solid waste are generated. The term does not require that various types of recovered materials be separated from each other and recognizes de minimis solid waste, in accordance with industry standards and practices, may be included in the recovered materials.

Rulemaking Authority 403.061, 403.704, 403.7046 FS. Law Implemented 403.703, 403.704, 403.7046 FS. History–New 1-1-95, Amended 12-17-13.