The Department is proposing to amend Chapter 62-701, F.A.C., which contains regulations for a wide variety of solid waste facilities including landfills, construction and demolition (C&D) debris disposal facilities, and waste processing and ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NOS.:RULE TITLES:

62-701.210Documents Incorporated by Reference

62-701.730Construction and Demolition Debris Disposal and Recycling

62-701.900Forms

PURPOSE AND EFFECT: The Department is proposing to amend Chapter 62-701, F.A.C., which contains regulations for a wide variety of solid waste facilities including landfills, construction and demolition (C&D) debris disposal facilities, and waste processing and recycling facilities. This chapter was last amended with an effective date of June 11, 2015. The proposed amendments address a requirement in paragraph 403.707(9)(g), F.S., to process construction and demolition debris prior to disposal, to the extent economically feasible. In addition, changes are being proposed to implement a request by the Joint Administrative Procedures Committee (JAPC) to incorporate certain secondary references. The Department is also proposing a new form for facilities to use in certifying their efforts to process construction and demolition debris prior to disposal, if it is economically feasible.

SUMMARY: This chapter is being amended in two places to address the requirement that construction and demolition debris be processed prior to disposal, either at a permitted materials recovery facility or at a permitted disposal facility, to the extent economically feasible. Rule language addressing the requirements of this new law are being added to paragraph 62-701.730(13)(e), F.A.C., and a new form whereby facility owners and operators can certify that they evaluated the economic feasibility of processing construction and demolition debris prior to disposal is being added to rule 62-701.900, F.A.C. Finally, at the request of JAPC, the Department is adding subsection 62-701.210(21), F.A.C., to incorporate secondary references in the chapter that are required practices as part of the primary referenced documents that are already included in the chapter.

OTHER RULES INCORPORATING THIS RULE: 62-210.200, 62-340.700, 62-521.400, 62-600.300, 62-600.410, 62-600.740, 62-620.620, 62-625.420, 62-640.100, 62-640.860, 62-660.803, 62-709.201, 62-709.300, 62-709.320, 62-709.460, 62-709.510, 62-709.600, 62-710.201, 62-710.210, 62-710.401, 62-710.800, 62-711.300, 62-711.400, 62-711.500, 62-711.520, 62-711.530, 62-711.550, 62-711.801, 62-713.200, 62-713.220, 62-713.300, 62-713.400, 62-713.600, 62-780.150, 62-780.500, 62-780.600, and 62C-16.0051, F.A.C.

EFFECT ON THOSE OTHER RULES: Amendments to Chapter 62-701, F.A.C., in this Notice of Proposed Rule are not expected to have any significant impact on these other rules.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: This determination was based on the expected cost for facilities to perform the economic evaluations as required under s. 403.707(9)(g), F.S., as reflected in the Department’s SERC evaluation.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 403.061, 403.0877, 403.704, 403.707 FS.

LAW IMPLEMENTED: 403.061, 403.0877, 403.702, 403.703, 403.7031, 403.7032, 403.7033, 403.704, 403.7043, 403.7045, 403.7046, 403.7047, 403.7049, 403.705, 403.7055, 403.706, 403.70605, 403.7061, 403.70611, 403.7063, 403.7065, 403.707, 403.7071, 403.7015, 403.7072, 403.708, 403.709, 403.7095, 403.712, 403.7125, 403.713, 403.714, 403.7145, 403.715, 403.716, 403.717 FS.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: Wednesday, December 9, 2015, 9:00 a.m.

PLACE: Florida Department of Environmental Protection, 3900 Commonwealth Blvd., Conference Room A, Tallahassee, Florida, 32399

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least five days before the workshop/meeting by contacting: Richard Tedder, Florida Department of Environmental Protection, [e-mail], [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Richard Tedder, P.E., Department of Environmental Protection, 2600 Blair Stone Road, MS 4565, Tallahassee, Florida 32399-2400, telephone: [phone], email [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

62-701.210 Documents Incorporated by Reference.

Specific references to the documents listed below are made throughout this chapter. These documents are adopted as standards and are incorporated into this chapter by reference. The reference documents are available for inspection at the Department’s district and Tallahassee offices, and may be obtained directly from the source.

(1) through (20) No change.

(21) Secondary References. The ASTM Standards contained in subsections 62-701.210(14), (15), (16), (17) and (20), F.A.C., reference other standards that are listed collectively below.  Any of these secondary reference documents may be obtained at 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959, or at www.astm.org/Standard.

(a) ASTM Method D653-14 “Standard Terminology Relating to Soil, Rock, and Contained Fluids,” August 1, 2014.

(b) ASTM Method D698-12e1 “Standard Test Methods for Laboratory Compaction Characteristics of Soil Using Standard Effort (12,400 ft-lbf.ft3 (600 kN-m/m3)),” May 1, 2012.

(c) ASTM Method D1557-12 “Standard Test Methods for Laboratory Compaction Characteristics of Soil Using Modified Effort (56,000 ft-lbf.ft3 (2,700 kN-m/m3)),” May 1, 2012.

(d) ASTM Method D2435/D2435M-11 “Standard Test Methods for One-Dimensional Consolidation Properties of Soils Using Incremental Loading,” May 1, 2011.

(e) ASTM Method D2487-11 “Standard Practice for Classification of Soils for Engineering Purposes (Unified Soil Classification System),” May 1, 2011.

(f) ASTM Method D3080/D3080M-11 “Standard Test Method for Direct Shear Test of Soils Under Consolidated Drained Conditions,” November 1, 2011.

(g) ASTM Method D3740-12a “Standard Practice for Minimum Requirements for Agencies Engaged in Testing and/or Inspection of Soil and Rock as Used in Engineering Design and Construction,” May 1, 2012.

(h) ASTM Method D4354-12 “Standard Practice for Sampling of Geosynthetics and Rolled Erosion Control Products (RECPs) for Testing,” July 1, 2012.

(i) ASTM Method D4439-14 “Standard Terminology for Geosynthetics,” March 1, 2014.

(j) ASTM Method D6243/D6243M-13a “Standard Test Method for Determining the Internal and Interface Shear Strength of Geosynthetic Clay Liner by the Direct Shear Method,” July 1, 2013.

(k) ASTM Method D4491-99a(2014)e1 “Standard Test Methods for Water Permeability of Geotextiles by Permittivity,” January 1, 2014.

(l) ASTM Method D5092-04(2010)e1 “Standard Practice for Design and Installation of Groundwater Monitoring Wells,” August 1, 2010.

(m) ASTM Method D6574/D6574M-13e1 “Standard Test Method for Determining the (In-Plane) Hydraulic Transmissivity of a Geosynthetic by Radial Flow,” July 1, 2013.

(n) ASTM Method E691-14 “Standard Practice for Conducting an Interlaboratory Study to Determine the Precision of a Test Method,” April 1, 2014.

(o) ASTM Method D2216-10 “Standard Test Methods for Laboratory Determination of Water (Moisture) Content of Soil and Rock by Mass,” July 1, 2010.

(p) ASTM Method D4753-07 “Standard Guide for Evaluating, Selecting, and Specifying Balances and Standard Masses for Use in Soil, Rock, and Construction Materials Testing,” July 15, 2007.

(q) ASTM Method E145-94(2011) “Standard Specification for Gravity-Convection and Forced-Ventilation Ovens,” December 1, 2011.

(r) ASTM Method D5321/D5321M-14 “Standard Test Method for Determining the Shear Strength of Soil-Geosynthetic and Geosynthetic-Geosynthetic Interfaces by Direct Shear,” January 1, 2014.

(s) ASTM Method D6072/D6072M-09 “Standard Practice for Obtaining Samples of Geosynthetic Clay Liners,” January 1, 2015.

(t) ASTM Method D5887-09 “Standard Test Method for Measurement of Index Flux Through Saturated Geosynthetic Clay Liner Specimens Using a Flexible Wall Permeameter,” June 1, 2009.

Rulemaking Authority 403.061, 403.704 FS. Law Implemented 403.061, 403.702-.717 FS. History–New 1-6-93, Amended 1-2-94, Formerly 17-701.210, Amended 5-27-01, 1-6-10, 8-12-12, 2-15-15,________. 

 

62-701.730 Construction and Demolition Debris Disposal and Recycling.

(1) through (12) No change.

(13) Recycling.

(a) through (d) No change.

(e) The owner or operator of any permitted materials recovery or disposal facility that accepts dedicated loads of construction and demolition debris shall ensure that such materials are processed, to the extent economically feasible, to remove recyclable materials prior to disposal.  The owner or operator of such a facility shall evaluate the economic feasibility of processing to remove recyclable materials prior to disposal, and shall certify that they have evaluated the economic feasibility for processing construction and demolition debris.  The certification shall indicate the economic factors that were considered in the evaluation, the types of construction and demolition debris materials that were evaluated, and whether it was determined that processing to remove recyclable materials prior to disposal was economically feasible.  The evaluation and certification shall be documented on Form 62-701.900(36), Certification of Economic Feasibility to Process C&D Debris Prior to Disposal, effective date [eff. date], hereby adopted and incorporated by reference.  This certification shall be completed no later than [eff. date plus 180 days] for existing facilities, or prior to operating a new facility on or after [eff. date].  Thereafter, the evaluation and certification shall be completed at least annually.  Where an owner or operator becomes aware of changed conditions that they believe warrant discontinuing processing to remove recyclable materials prior to disposal, the owner or operator may temporarily discontinue such processing for a period of up to 12 months; however, such changed conditions shall be incorporated in the next evaluation and certification on Form 62-701.900(36). Documentation of each evaluation and certification shall be kept at the facility and made available to the Department upon request, along with supporting documentation for the items considered in the course of the economic evaluation.  If the owner or operator determines that it is economically feasible to process some or all of a material being accepted, but the material currently is not being processed, then such material shall be processed prior to disposal to remove the fraction of the recyclable material to the extent economically feasible no later than three months after completion of any process changes that were identified by the owner or operator as part of the associated economic feasibility evaluation.  Reporting the amounts of any recovered materials separated from the waste stream shall continue to be provided in accordance with the requirements of Chapter 62-722, F.A.C.  Other than the referenced provisions of Chapter 62‑722 F.A.C., this paragraph does not apply to:

1. Recovered materials;

2. Materials that have previously been source-separated and offered for recycling;

3. Materials that have been previously processed to remove recyclable materials; or.

4. Off‑site disposal of yard trash authorized in accordance with Rule 62‑701.803, F.A.C.

(14) through (21) No change.

Rulemaking Authority 403.0877, 403.704, 403.707 FS. Law Implemented 403.0877, 403.706, 403.707 F.S. History–New 8-2-89, Formerly 17-701.061, Amended 1-6-93, Formerly 17-701.730, Amended 12-23-96, 4-23-97, 5-27-01, 1-6-10, 8-12-12, 6-11-15,_________.

 

62-701.900 Forms.

The forms used by the Department in the solid waste management program are adopted and incorporated by reference elsewhere in this chapter. The following list of forms is provided solely for convenience. Some of the form numbers may not be consecutive due to repeal or transfer of earlier forms. Copies of forms may be obtained from a local District Office or by writing to the Florida Department of Environmental Protection, Solid Waste Section, 2600 Blair Stone Road, Mail Station #4565, Tallahassee, Florida 32399-2400, or at http://www.dep.state.fl.us/waste/quick_topics/forms/pages/62-701.htm.

(1) through (25) No change.

(26) Form 62-701.900(36), Certification of Economic Feasibility to Process C&D Debris Prior to Disposal, effective [effective date].

Rulemaking Authority 403.704 FS. Law Implemented 403.707 FS. History–New 8-2-89, Amended 1-6-93, 5-19-94, Formerly 17-701.900, Amended 12-23-96, 4-23-97, 5-27-01, 1-6-10, 8-12-12, 2-15-15,_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: John A. Coates, P.E., Assistant Director, Division of Waste Management.

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Jonathan P. Steverson, Secretary, Florida Department of Environmental Protection.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 9, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 14, 2014, and October 30, 2015