62-730.292. Public Notice for Hazardous Waste Permits and Other Authorizations.

(1) The pre-application public meeting requirements of 40 CFR 124.31 [as adopted in subsection 62-730.200(3), F.A.C.] apply to:

(a) Initial applications for construction or operation of a hazardous waste treatment, storage or disposal facility; and

(b) Operation permit renewals which propose a significant change in facility operations.

(2) The following applicants shall comply with the requirements of Section 403.722(12), F.S.:

(a) The applicant for a permit to construct or operate a hazardous waste treatment, storage or disposal facility; and

(b) The applicant for a modification or renewal of a construction or operation permit.

(3) The owner or operator shall cause notice of the Department’s action to be published in a major local newspaper or newspapers of general circulation within 30 calendar days of receipt of:

(a) The Department’s notice of intent to issue, modify, renew or terminate a hazardous waste permit; variance; or closure equivalency demonstration;

(b) An executed copy of an authorization from the Department to implement a clean closure plan;

(c) Approval by the Department of a remediation plan under 40 CFR Part 270 Subpart H [as adopted in subsection 62-730.220(1), F.A.C.]; and/or

(d) A clean closure determination.

(4) The owner or operator shall cause the Department’s intent to issue a construction or operation permit (including modifications and renewals) to be broadcast over a local radio station.

(5) The notice for any hazardous waste permit or other hazardous waste authorization (except a variance and a clean closure determination) shall provide a 45-day period during which any person may comment on the Department’s action or request an informal public meeting and a substantially affected party may request a hearing pursuant to Sections 120.569 and 120.57, F.S. The notice period for a variance pursuant to 40 CFR 260.31, 260.32 and 260.33 [as adopted in subsection 62-730.021, F.A.C.] shall be 30 days. The notice period for any other hazardous waste variance shall be 15 days. The notice period for a clean closure determination shall be 21 days in accordance with subsection 62-110.106(2), F.A.C. Each notice shall contain instructions on how to examine a copy of the agency action and how members of the public can avail themselves of these rights and opportunities.

(6) The applicant shall provide the Department with proof of the publication and broadcast required by this section within 14 days of the receipt of proof of publication, but no later than 45 days after the applicant receives the Department’s action.

(7) If within the applicable time limit after publication and broadcast as required in this section the Department receives written notice of opposition to the agency’s intention to issue such authorization and a request for a hearing, the Department shall provide for a hearing pursuant to Sections 120.569 and 120.57, F.S., if requested by a substantially affected party or an informal public meeting if requested by any other person. The Department shall provide at least 30 days public notice prior to the holding of such hearing or meeting. Failure to request a hearing within the applicable time period shall constitute a waiver of the right to a hearing under Sections 120.569 and 120.57, F.S.

Rulemaking Authority 403.061, 403.087, 403.704, 403.721, 403.722 FS. Law Implemented 403.151, 403.704, 403.707, 403.721, 403.722 FS. History– New 1-29-06, Amended 4-23-13.