62-730.320. Emergency Detonation or Thermal Treatment of Certain Hazardous Waste

(1) “Explosives or munitions emergency response specialist” (EMER Specialist) means an individual trained in chemical or conventional munitions or explosives handling, transportation, render-safe procedures, or destruction techniques. EMER Specialists are limited to Department of Defense (DOD) emergency explosive ordnance disposal (EOD), technical escort unit (TEU), and civilian or contractor personnel certified by DOD in emergency explosive ordinance disposal; and other Federal, State, or local government, or civilian personnel similarly trained in explosives or munitions emergency responses.

(2) “Explosives or munitions emergency” (“EME”) means a situation involving the suspected or detected presence of unexploded ordnance (UXO), damaged or deteriorated explosives or munitions, an improvised explosive device (IED), other potentially explosive material or device, or other potentially harmful military chemical munitions or device, that creates an actual or potential imminent threat to human health (including safety) or the environment (including property), as determined by an EMER Specialist.

(3) “Explosives or munitions emergency response” (“EME Response”) means all immediate response activities by an EMER Specialist to control, mitigate, or eliminate the actual or potential threat encountered during an EME. An EME Response may include in-place render-safe procedures; treatment or destruction of the explosives or munitions; and/or transporting those items to another location to be rendered safe, treated, or destroyed. Any reasonable delay in the completion of an EME Response caused by a necessary, unforeseen, or uncontrollable circumstance will not terminate the EME.

(4) “Person having initial custody of the waste” means a person who has authority to request assistance from an EMER Specialist regarding the explosives or munitions waste that is the object of the EMER. This could be the owner of the waste; the person who generated the waste; the person who caused the waste to be at the location where found; or the owner of the real property where the waste is or was located (i.e. the real property where the EMER began); or an agent or tenant of the real property owner.

(5) If an EMER Specialist determines that an EME Response is necessary to protect human health or the environment, that specialist:

(a) Is not required to comply with the standards of 40 CFR Part 262 [as adopted in subsection 62-730.160(1), F.A.C.] applicable to generators of hazardous waste;

(b) Is not required to comply with the standards of 40 CFR Part 264 [as adopted in subsection 62-730.180(1), F.A.C.] or 40 CFR Part 265 [as adopted in subsection 62-730.180(2), F.A.C.] applicable to treatment, storage, and disposal of hazardous waste;

(c) May authorize the removal of the material or waste by transporters who do not have EPA identification numbers and without the preparation of a manifest.

(6) All EME Responses involving waste that is reactive, shock sensitive, or explosive and can only be safely disposed through immediate detonation or thermal treatment, are subject to the following specific conditions:

(a) The person having initial custody of the waste shall notify the Department of the name, address and telephone number of the person having initial custody of the waste; the type and amount of waste; the anticipated time and place of the treatment or detonation; and procedures for detonation or treatment. After the Department has been notified the EME Response can proceed. The local Department representative or designee may be present to observe the detonation or treatment; however, the EME Response need not be delayed solely in order for the Department representative to arrive.

(b) The detonation or treatment shall be conducted or supervised by an EMER Specialist.

(c) Prior to detonation or treatment, the site shall be secured and no site access allowed except by authorized personnel. The area around the site shall be visually inspected to assure that no unauthorized personnel are present. The securing and inspections of the site shall be made to at least the following distances:

POUNDS OF WASTE EXPLOSIVE	MINIMUM DISTANCE
0 to 100	204 meters (670 feet)
101 to 1,000	380 meters (1250 feet)
1,001 to 10,000	530 meters (1730 feet)
10,001 to 30,000	690 meters (2260 feet)

(d) Visible residual materials shall be recovered from the site and properly disposed of in accordance with Department rules.

(e) Adequate fire protection to assure confinement and control of any fire resulting from the operation shall be provided.

(7) In the case of EME Responses involving military munitions, the responding EMER Specialist’s organizational unit must retain records for three years identifying the location, dates and time of the EME Response, the responsible persons responding, the type and description of material addressed (including amounts and sampling data, if available), and its disposition.

(8) If an EME Response is clearly not necessary to address the situation and a response can be delayed without compromising safety or increasing the risk posed to life, property, health, or the environment, the person having initial custody of the explosives or munitions shall fulfill the requirements of 40 CFR 270.61 [as adopted in subsection 62-730.220(1), F.A.C.] by providing oral or written notice to the Department and obtaining oral or written authorization from the Department prior to implementing a course of action. If the authorization is oral, it must be followed within five days by a written order. The following provisions apply to authorization under this subsection:

(a) Notice to the Department shall include the name of the person having initial custody of the explosives or munitions and the EMER Specialist(s) involved; a brief description of the explosives or munitions involved, including type, amount, and location; and a brief description of and reasons for the proposed actions, including location(s). Thermal treatment or detonation shall be conducted only at the time and place specified in the notice.

(b) Authorization shall include all applicable requirements of Chapter 62-730, F.A.C., to the extent possible and not inconsistent with the EME.

(c) Compliance with this subsection shall not excuse failure to obtain any other local, state, or federal approval or license which may be required for the activities allowed in this authorization.

(d) Authorization shall not exceed 90 days.

(e) Written orders shall be accompanied by the publication of public notice within 45 days. This may be accomplished by the person having initial custody of the waste or by the Department.

(f) Within 30 days of the EME activities conducted under the written order, the authorized person shall submit to the Department a complete written summary of the EME activities which shall clearly specify the type and amount of explosives or munitions received and the manner and location of their treatment, storage, or disposal; disposition of any residues from the process; and other pertinent information.

(9) A person having initial custody of the waste shall conduct soil sampling or otherwise provide reasonable assurance to the Department that no residues of the EME Response or any other emergency action regarding explosives or munitions pose a threat to human health or the environment.

Rulemaking Authority 403.704, 403.721 FS. Law Implemented 403.061, 403.704, 403.721, 403.726 FS. History–New 9-30-85, Formerly 17-30.32, 17-30.320, 17-730.320, Amended 1-5-95, 1-29-06, 4-23-13.