62-730.210. Definitions

(1) The definitions as described in Rule 62-730.020, F.A.C., shall apply to this part.

(2) In addition, as used in this part:

(a) “Authorization” means any permit, certification, consent, designation, approval, variance, registration, license, agreement, order (including consent order), enforceable document, or other determination required by law from the Department prior to some proposed action or to obtain some relief.

(b) “Clean closure determination” means a determination by the Department that all wastes and waste residues; all contaminated system components, structures and equipment; and all soil, sediment, groundwater, and surface water at a contaminated site have been removed or decontaminated to the extent necessary to protect human health and the environment. Applicants for a clean closure determination without controls must demonstrate that they meet cleanup target levels for risk management option level I pursuant to subsection 62-780.680(1), F.A.C. The term “no further action” refers only to sites that receive a clean closure determination without controls. Applicants for a clean closure determination with controls must demonstrate that they meet the cleanup target levels for risk management option level II or III pursuant to subsections 62-780.680(2) and (3), F.A.C. The term “no further action with controls” refers to sites that receive a clean closure determination with controls. “Sites” as used in this paragraph means solid waste management units (SWMUs), regulated hazardous waste management units, and areas of concern (AOCs).

(c) “Clean closure plan” means an enforceable document designed to achieve a clean closure determination with or without controls.

(d) “Closure” means the cessation of operation of a hazardous waste facility or unit, and the act of securing such a facility or unit pursuant to the requirements of Rule 62-730.180, F.A.C., so that it will pose no significant threat to human health or the environment.

(e) Contaminated site” means any contiguous land, sediment, surface water, or groundwater area that contains contaminants that may be harmful to human health or the environment. The term includes releases of contaminants from SWMUs, regulated hazardous waste management units, and AOCs.

(f) “Corrective action permit” means a hazardous waste facility permit that authorizes remedial activities for solid waste management unit(s) as described in 40 CFR 264.101 or that authorizes remedial activities for SWMUs, regulated unit(s) or AOCs pursuant to 40 CFR 264.110(c) or 40 CFR 265.110(c). At operating hazardous waste management facilities, conditions for remedial activities will be incorporated into the operation permit. At facilities that have or once had a permit to operate or close a hazardous waste disposal unit, a corrective action-only permit is not available if the unit is closed with controls, unless the Department has accepted a certification of completion of postclosure for all such hazardous waste disposal units at the facility.

(g) “Enforceable document” means a written action by the Department which is subject to the provisions of Section 120.69, F.S.

(h) “Notice of deficiency” (NOD) means a certified letter from the Department to an applicant for any permit or other authorization indicating those items which were not completed or were inadequate in the original application or in subsequent submittals and requesting the submission of the required information.

(i) The phrase “owner or operator” includes a permittee or a respondent subject to a Department order.

(j) “Part I” means the section of the permit application submitted on the DEP form adopted in paragraph 62-730.220(2)(a), F.A.C.

(k) “Part II” means all other sections of the permit application submitted to demonstrate compliance with 40 CFR Part 264.

(l) “Permit” means a type of legal authorization granted by the Department to engage in or conduct any construction, operation, or remedial activities at a hazardous waste facility for a specified period of time.

(m) “Postclosure permit” means a hazardous waste facility permit issued pursuant to the provisions of 40 CFR 270.1(c) and 40 CFR 270.28.

(n) “Remedial activities” means all activities required or undertaken to identify contamination and to reduce the concentration of contaminants to meet cleanup target levels. The term includes “closure” as outlined in 40 CFR 264.111 through 264.115 [as adopted in subsection 62-730.180(1), F.A.C.] and 40 CFR 265.111 through 265.115 [as adopted in subsection 62-730.180(2), F.A.C.] with respect to closing hazardous waste treatment, storage and disposal units; “postclosure care” as outlined in 40 CFR 264.117 through 264.120 [as adopted in subsection 62-730.180(1), F.A.C.] and 40 CFR 265.117 through 265.120 [as adopted in subsection 62-730.180(2), F.A.C.] with respect to closed hazardous waste treatment, storage and disposal units; and “corrective action” as required by 40 CFR Part 264 [as adopted in subsection 62-730.180(1), F.A.C.] for releases from any solid waste management unit at a hazardous waste facility. The term “remedial activities” with respect to a solid or hazardous waste management unit corresponds to “site rehabilitation” as used in Chapter 62-780, F.A.C., and defined at subsection 62-780.200(44), F.A.C.

(o) “Subpart H remedial action plan” or “Subpart H RAP” means a special form of hazardous waste authorization as promulgated in 40 CFR Part 270 Subpart H [as adopted in subsection 62-730.220(1), F.A.C.] to approve the treatment, storage or disposal of hazardous remediation waste as defined in 40 CFR 260.10 [as adopted by reference in subsection 62-730.020(1), F.A.C.].

(p) “Temporary operation permit” (TOP) means the legal authorization, limited to a maximum of 3 years, granted by the Department to operate a hazardous waste facility in accordance with Section 403.722, F.S.

Rulemaking Authority 376.30701, 403.704, 403.722 FS. Law Implemented 376.30701, 403.704, 403.722 FS. History–New 7-9-82, Amended 1-5-84, Formerly 17-30.21, Amended 9-23-87, Formerly 17-30.210, Amended 9-10-91, Formerly 17-730.210, Amended 1-29-06, 11-29-06, 4-23-13.