62-740.040. General

(1) A producer shall determine whether to recover product from PCW.

(2) If a producer decides not to recover product from the PCW, or the PCW contains hazardous constituents above those found in the product that produced the PCW, the PCW is a solid waste and the producer of the PCW shall determine whether the PCW is a hazardous waste in accordance with 40 CFR 262.11, as adopted by reference in Chapter 62-730, F.A.C.

(3) A producer that has determined PCW to be a hazardous waste, and has determined not to recover product, shall manage the PCW in accordance with Chapter 62-730, F.A.C.

(4) A producer that has determined PCW to be non-hazardous, and has determined not to recover product is only subject to the provisions of paragraphs 62-740.040(4)(a)-(f), F.A.C., below, regarding the management and disposal of the PCW.

(a) Transporting and disposing of the PCW off site at a Publicly Owned Treatment Works (POTW) subject to regulation under section 402 or section 307(b) of the Clean Water Act, as amended, or other facility permitted by the Department;

(b) Transporting and disposing of the PCW off site at a pre-treatment facility connected to a POTW subject to regulation under section 402 or section 307(b) of the Clean Water Act, as amended;

(c) Transporting or piping the PCW to an on site treatment facility permitted by the Department, the United States Environmental Protection Agency, or certified, pursuant to Chapter 403, Part II, Florida Statutes and Chapter 62-17, F.A.C.;

(d) Transporting or piping the PCW to an on site storage or slop tank;

(e) Transporting the PCW to a recovery facility that meets the requirements of this chapter; or

(f) Transporting the PCW to a facility which has a currently valid industrial waste permit, air operating permit, or other local, state or federal permit, provided that the PCW is managed at the facility in a manner to prevent any violation of Department ground water, surface water, and air emissions standards.

(5) If a producer decides to recover product or have product recovered from PCW, the producer must maintain adequate records including documentation of process knowledge or test results to demonstrate that the PCW:

(a) Contains a recoverable product,

(b) Is managed as a product,

(c) Undergoes product recovery,

(d) Is managed in accordance with the applicable PCW management practices, and

(e) Does not contain levels of hazardous constituents above those found in the source of the PCW.

(6) Methods used for recovery of product in PCW include the following:

(a) Phase separation of product from PCW by the producer.

(b) Use of one or more oil/water separators by the producer.

(c) Use of available technology on site by the producer beyond oil/water separators (e.g., centrifuge, filter press, thermal desorption, etc.).

(d) Shipment of PCW to and reintroduction of the PCW into a petroleum refinery.

(e) Recovery of product from PCW at a recovery facility.

(7) If a producer conducts initial on site recovery of product from PCW by one or more of the methods in subsection (6) above and determines not to recover additional product the producer is subject to and must comply with subsections (2), (3) and (4) of this section.

(8) PCW managed for the recovery of product in accordance with the management standards contained in this chapter is not a solid waste as defined in 40 CFR Part 261.2.

Specific Authority 376.303, 403.721 FS. Law Implemented 376.30, 376.302, 376.303, 403.702, 403.704, 403.72, 403.721 FS. History–New 12-18-95.