62-730.030. Identification of Hazardous Waste

(1) The Department adopts by reference 40 CFR Part 261 revised as of July 1, 2019, http://www.flrules.org/Gateway/reference.asp?No=Ref-12294, and as amended in the 84 Federal Register dated December 9, 2019 (67202-67220) http://www.flrules.org/Gateway/reference.asp?No=Ref-12299, and all appendices, with the exceptions described in paragraphs (1)(a) and (b), of this rule. 40 C.F.R. Part 261 [as adopted in this subsection] contains EPA’s rules on the identification and listing of hazardous waste. No delisting published by EPA in 40 C.F.R. Part 261 is effective in Florida until it is adopted by the Department.

(a) The following sections that are applicable only to unauthorized states: 40 C.F.R. 261.149 and 261.150.

(b) The optional amendments to 40 C.F.R. 261.3(a)(2)(iv)(A), (B), (D), (F) and (G) in the Federal Register dated October 4, 2005 (70 FR 57769); and the optional addition of “267” to 40 C.F.R. 261.6(a)(3), 261.6(c)(1), 261.6(d), 261.7(a)(1), 261.7(a)(2), 261.30(c), 261.4(a)(26)(iv), and 261.4(b)(18)(iv).

(2) A very small quantity generator (VSQG) which chooses to send its hazardous waste to an off-site treatment, storage or disposal facility shall document delivery of its hazardous waste through written receipts and other records which are retained for at least three years. The written receipts and other records shall include names and addresses of the generator and the treatment, storage or disposal facility, the type and amount of hazardous waste delivered, and the date of shipment.

(3) 40 C.F.R. 261.2(f) [as adopted in subsection 62-730.030(1), F.A.C.] requires respondents in actions to enforce regulations to provide appropriate documentation to support their claim that a material is not a solid waste or is conditionally exempt from regulation.

(a) With respect to a claim that a substance (which if otherwise disposed of would be a hazardous waste under this chapter) is not a solid waste because it is a mixture of domestic sewage and other wastes that passes through a sewer system to a publicly owned treatment works (POTW) for treatment under 40 C.F.R. 261.4(a)(1) [as adopted in subsection 62-730.030(1), F.A.C.], “appropriate documentation” shall mean a copy of notification to the POTW and the Department in accordance with the requirements of subsection 62-625.600(15), F.A.C., including a copy of the certification required by paragraph 62-625.600(15)(d), F.A.C. In order to avoid a penalty for disposal of hazardous waste without proper notification, the documentation must have been submitted to the POTW on a date prior to the date of the Department’s inspection of the facility and prior to the Department’s request for such documentation. This provision applies to all hazardous waste generators, including VSQGs, which discharge more than 15 kilograms of non-acute hazardous wastes in any calendar month, or any quantity of acute hazardous wastes.

(b) With respect to a claim that hazardous waste is exempt from regulation because it was disposed of or generated by one or more VSQGs who meet the requirements of 40 C.F.R. 260.10, 262.13(f), and 262.14 [as adopted in subsections 62-730.020(1) and 62-730.160(1), F.A.C.] “appropriate documentation” shall mean written records from each applicable VSQG, detailing the quantities of hazardous waste generated by that VSQG, and the method and location of disposal of such hazardous waste.

Rulemaking Authority 403.72, 403.721, 403.8055 FS. Law Implemented 403.72, 403.721 FS. History–New 5-28-81, Amended 9-8-81, 12-6-81, 3-4-82, 11-25-82, 5-19-83, 1-5-84, 8-24-84, 12-18-84, 7-5-85, 10-3-85, Formerly 17-30.03, Amended 5-5-86, 8-25-86, 9-19-86, 10-31-86, 3-31-87, 4-13-88, Formerly 17-30.030, Amended 1-25-89, 8-13-90, 9-10-91, 10-14-92, 10-7-93, Formerly 17-730.030, Amended 1-5-95, 9-7-95, 4-30-97, 8-19-98, 2-4-00, 12-20-00, 8-1-02, 10-1-04, 1-29-06, 4-6-06, 5-1-07, 4-25-08, 5-8-09, 6-8-10, 10-12-11, 6-29-12, 4-23-13, 11-27-13, 6-17-15, 4-5-16, 6-18-18, 6-26-19, 10-30-20.