62-730.170. Standards Applicable to Transporters of Hazardous Waste  


Effective on Wednesday, June 26, 2019
  • 1(1) The Department adopts by reference 740 C.F.R. Part 263 11revised as of 14July 1, 2017 17http://www.flrules.org/Gateway/reference.asp?No=Ref-10443, 19with the exception of the optional addition of “267” to 29263.12 30http://www.flrules.org/Gateway/reference.asp?No=Ref-0059032.

    33(2) In addition to the requirements of subsection (1), of this rule, no person shall transport a hazardous waste within the state for which either a manifest is required under 6340 C.F.R. Part 262 67[as adopted in subsection 7162-730.160(1), 72F.A.C.] 73or a reclamation agreement is entered between a generator and recycler pursuant to 8640 CFR 263.20 89[as adopted in subsection 9362-730.170(1), 94F.A.C.] 95unless compliance with the following special requirements have been demonstrated.

    105(a) The transporter shall have and maintain financial responsibility for sudden accidental occurrences in a minimum amount of $1,000,000.00 per occurrence for combined coverage of injury to persons and for damage to property and the environment from the spillage of hazardous waste while such wastes are being transported including the costs of cleaning up the spill. Such financial responsibility shall be issued by an agent or company authorized or licensed to transact business in the State of Florida. Such financial responsibility shall be maintained at all times, be exclusive of legal defense costs, and be established by any one or a combination of the following:

    2121. Evidence of casualty/liability insurance on a claim or occurrence basis with or without a deductible. With the deductible the Insurer is liable for the payment of amounts within any deductible applicable to the policy, with a right of reimbursement by the insured for any such payment made by the Insurer. Each insurance policy must be evidenced by a certificate of liability insurance or amended by attachment of an endorsement.

    2822. Surety bonds.

    285(b) Evidence of coverage shall include submittal of an originally signed copy of one or more of the following forms, which are hereby adopted and incorporated by reference. 313These forms can be obtained on the internet at https://floridadep.gov/waste/permitting-compliance-assistance/content/forms-chapter-62-730-hazardous-waste or by contacting the Permitting and Compliance Assistance, MS 4500, Division of Waste Management, Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

    3481. Certificate of Liability Insurance Hazardous Waste Transporter and Used Oil Handler, Form 36162-730.900(5)(a), 362effective date 4-23-13 365(366http://www.flrules.org/Gateway/reference.asp?No=Ref-02081368)369.

    3702. Hazardous Waste Transporter Liability Endorsement, Form 37762-730.900(5)(b), 378effective date 4-23-13 381(382http://www.flrules.org/Gateway/reference.asp?No=Ref-02083384).

    3853. Hazardous Waste Transporter Liability Surety Bond, Form 39362-730.900(5)(c), 394effective date 4-23-13 397(398http://www.flrules.org/Gateway/reference.asp?No=Ref-02084400)401.

    402(c) The insurance policy, including all endorsements, or the liability surety bond must be maintained at the carrier’s principal place of business.

    424(d) Whenever requested by the Secretary (or designee) of the Florida Department of Environmental Protection, the Insurer agrees to furnish to the Department a signed duplicate original of the policy and all endorsements.

    457(e) Transporters of hazardous waste that also register as used oil handlers shall submit evidence of casualty/liability insurance in accordance with the requirements of paragraphs 48262-730.170(2)(a) 483and (b) of this subsection and a complete and accurate Form 49462-730.900(1)(b) 495[adopted by reference in paragraph 50062-730.150(2)(a), 501F.A.C.] with their annual used oil registration [in accordance with rules 51262-710.500 513and 62-730.600, F.A.C., as applicable] by March 1 of each year. Upon receipt of complete and accurate documents required by this paragraph, the Department shall include in the registration, authorization to transport hazardous waste which shall be valid until June 30 of the following year. If the registration is not renewed by June 30 of the following year because the Department has not received complete and accurate documents for renewal, the transporter will no longer be authorized to transport hazardous waste in Florida596.

    5971. Currently valid hazardous waste transporter certificates, 604for transporters that are also registered as used oil handlers, that expire after the effective date of this rule, but before June 62630, 2013, shall remain valid until June 30, 2013 635if the transporter maintains casualty/liability coverage for the extended period645. The Department shall issue a letter to the transporter stating that the certificate of approval is valid until June 30, 2013 667as long as the transporter maintains casualty/liability insurance coverage for the extended period680.

    6812. Initial notification to transport hazardous waste may be submitted by a registered used oil handler at any time, and providing the casuality/liability insurance has not changed and is still current, the Department shall revise the transporter’s used oil registration to include authorization to transport hazardous waste.

    728(f) Transporters of hazardous waste that do not register as used oil handlers shall submit evidence of casualty/liability insurance in accordance with the requirements of paragraphs 75462-730.170(2)(a) 755and (b), of this subsection, and a complete and accurate Form 76662-730.900(1)(b) 767[adopted by reference in paragraph 77262-730.150(2)(a), 773F.A.C.] by September 1 of each year. Upon receipt of complete and accurate documents required by this paragraph, the Department shall issue to each transporter authorization to transport hazardous waste which shall be valid until November 30 of the following year. If the authorization is not renewed by November 30 of the following year because the Department has not received complete and accurate documents for renewal, the transporter will no longer be authorized to transport hazardous waste in Florida.

    8521. Currently valid hazardous waste transporter certificates of approval, for transporters that are not registered as used oil handlers, that expire after the effective date of this rule, but before November 30, 2013, shall remain valid until November 30, 2013 if the transporter maintains casualty/liability coverage for the extended period. The Department shall issue a letter to the transporter stating that the certificate of approval is valid until November 30, 2013 as long as the transporter maintains casualty/liability insurance coverage for the extended period.

    9362. Initial notification to transport hazardous waste may be submitted at any time along with 951evidence of casualty/liability insurance, 955and providing the requirements of this paragraph are met, the Department shall issue authorization to transport hazardous waste that is valid through November 30 of the following year.

    983(g) Each registered transporter shall maintain a copy of the authorization to transport hazardous waste in any vehicle transporting hazardous waste.

    1004(h) This subsection does not apply to any person who transports hazardous waste only on the site of a hazardous waste generator or a permitted hazardous waste treatment, storage, or disposal facility.

    1036(i) States and the federal government are exempt from the requirements of this subsection.

    1050(3) Evidence of financial responsibility, updated for the current year, shall be verified annually by the submission of the appropriate form described in paragraph (2)(b) of this rule, or by the submission of a certificate of insurance. A certificate of insurance shall include a certification by the insurer that the original insurance policy and all endorsements are still in full force and effect as evidenced on the original forms submitted to the Department.

    1123Rulemaking Authority 1125403.704, 1126403.721, 1127403.724, 1128403.8055 FS. 1130Law Implemented 1132403.704, 1133403.721, 1134403.724 FS. 1136History–New 11-8-81, Amended 5-31-84, 9-13-84, Formerly 17-30.17, Amended 9-19-86, 3-31-87, 5-26-87, 6-28-88, Formerly 17-30.170, Amended 1-25-89, 8-13-90, 9-10-91, 10-14-92, 10-7-93, Formerly 17-730.170, Amended 1-5-95, 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, 10-12-11, 4-23-13, 6-17-15, 4-5-16, 6-18-18, 6-26-19.