62-730.250. Construction Permits

(1) No person shall begin construction or major modification of any unit at a hazardous waste facility without applying for and receiving a construction permit from the Department. Application for construction permits shall be made on DEP forms adopted in paragraph 62-730.220(2)(a), F.A.C.

(2) If a construction permit for an incinerator allows a period of time necessary for trial burns pursuant to 40 CFR Part 264 Subpart O [as adopted in subsection 62-730.180(1), F.A.C.] the owner or operator of such an incinerator shall submit a complete application for an operation permit within 90 days after a trial burn or within 180 days before expiration of the construction permit, whichever date is sooner. After the completion of a successful trial burn, an owner or operator of an incinerator may operate under the construction permit until final agency action is taken on the operation permit, provided the facility is in compliance with 40 CFR Part 264 standards and the conditions of the construction permit.

(3) An owner or operator of a facility other than an incinerator may operate under its construction permit until final agency action is taken on the operation permit so long as the facility is in compliance with 40 CFR Part 264 standards, and makes timely application for an operation permit. For the purposes of this rule, timely application shall mean a complete application for an operation permit at least 180 days prior to expiration of the construction permit and within 90 days of completion of construction, whichever occurs first.

(4) Notwithstanding subsection (1) of this section, no permit shall be required under this section in order to construct a facility if such facility is constructed pursuant to approval by the Department and EPA under appropriate regulatory programs for the incineration of polychlorinated biphenyls. Any person owning or operating such a facility may at any time after construction or operation has begun, file a complete operation permit application to incinerate hazardous waste at the facility.

(5) No major modification to a facility, which includes the construction or expansion of hazardous waste management units, shall be undertaken without application for and receipt of a construction permit. Modifications which do not require a construction permit may require a permit modification under Rule 62-730.290, F.A.C. No construction permit shall be required for changes made solely for the purpose of complying with the requirements of 40 CFR 265.193 [as adopted in subsection 62-730.180(2), F.A.C.].

(6) No person operating a hazardous waste transfer facility may alter operations or modify the facility so that it becomes a hazardous waste treatment, storage or disposal facility without first obtaining a hazardous waste construction permit.

Rulemaking Authority 403.087, 403.704, 403.707, 403.721, 403.722 FS. Law Implemented 403.704, 403.707, 403.721, 403.722 FS. History–New 7-9-82, Formerly 17-30.25, Amended 9-23-87, 12-12-88, Formerly 17-30.250, Amended 7-3-89, 8-13-90, 9-10-91, 10-14-92, 10-7-93, Formerly 17-730.250, Amended 1-5-95, 1-29-06, 4-23-13.