The purpose and effect of this proposed rule is to update grant application forms, repeal unnecessary language, and revise the required reporting and data collection methods including forms require for submission in Chapter 62-716, F. A. C.

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO.: RULE TITLE:

62-716.300 General Grant Application Requirements

62-716.310: Disbursement of Funds

62-716.450: Solid Waste Annual Reports

62-716.460 Annual Recycling Reports

62-716.470 Voluntary Certification Program for Materials Recovery Facilities

62-716.480 Methods and Criteria for Calculating County Recycling Rates

62-716.500 Specific Small County Grant Application Requirements

PURPOSE AND EFFECT: The purpose and effect of this proposed rule is to update grant application forms, repeal unnecessary language, and revise the required reporting and data collection methods including forms require for submission in Chapter 62-716, F. A. C.

SUMMARY: Chapter 62-716, Florida Administrative Code, contains regulations for solid waste grant applications, and annual solid waste and recycling reporting requirements for counties and public-sector entities. The forms for small county consolidated grant applications are being updated in this proposed rulemaking. The rule is also being revised to require electronic submission of the annual solid waste and recycling reporting forms for the counties and the public-sector entities.

The rule establishes the methods and criteria to be used by counties and public-sector entities in calculating and reporting their recycling rates. Changes to this rule will amend the methods and criteria counties use in calculating and reporting their recycling rates.

Public sector entities (such as state and local government agencies) are required to annually report to counties how much material they recycle using the Department's designated reporting format. Private businesses are encouraged, but not require to annually report to counties how much material they recycle using the Department's designated reporting format. This chapter is being amended to include changes to the reporting formats and processes for both the public sector and the private businesses.

The Legislature also created a voluntary certification program for materials recovery facilities. The chapter is being amended to include the qualifications for materials recovery facilities certification and the application form for certification.

 

Rule 62-716.300, F. A. C.- General Grant Application Requirements- This section is being repealed and the relevant information is being moved to Section 62-716.500, F.A.C.

 

Rule 62-716.310, F. A. C.- Disbursement of Funds– This section is being repealed and the relevant information is being moved to Section 62-716.500, F.A.C.

 

Rule 62-716.450, F. A. C.- Solid Waste Annual Reports– The reporting process is being updated to require submission of the reports electronically using the designated forms. Counties that are requesting additional recycling credits are required to submit verifiable supporting documentation.

 

Rule 62-716.460, F. A. C.- Annual Recycling Reports- The reporting process is being updated to require submission of the reports electronically using the designated forms and systems.

 

Rule 62-716.470, F. A. C. -Voluntary Certification Program for Materials Recovery Facilities– This section changes the name of the form.

 

Rule 62-716.480, F. A. C. - Methods and Criteria for Calculating County Recycling Rates– Certain byproducts from road building or maintenance are being removed from what will be included in municipal solid waste reporting.

 

Rule 62-716.500, F. A. C. - Specific Small County Consolidated Grant Application Requirements– The population of qualifying counties is increased to 110,000. Changes are being made to the application process and form names. Updating the locations to get and submit the application forms. The section regarding grantee qualifications is included from Rule 62-716.310, F.A.C.

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: Repeal or amendment of these rules will not have an adverse impact or increase regulatory costs on any entity.

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: 403.704, 403.406, 403.708, 403.7095, FS.

LAW IMPLEMENTED: 403.7032. 403.705, 403.706, 403.708, 403.7095, FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Henry Garrigo [phone]; 2600 Blair Stone Rd. Tallahassee, FL 32399; [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

62-716.300 General Grant Application Requirements.

Rulemaking Authority 403.704, 403.7095 FS. Law Implemented 403.7095 FS. History–New 5-16-89, Formerly 17-716.300, Amended 11-16-94, 12-17-13, Repealed _________.

 

62-716.310 Disbursement of Funds.

Rulemaking Authority 403.704, 403.7095 FS. Law Implemented 403.7095 FS. History–New 5-16-89, Amended 7-14-91, Formerly 17-716.310, Amended 11-16-94, 12-17-13, Repealed _________.

 

62-716.450 Solid Waste Annual Reports.

By April 1 of each year, beginning in 2013, each county shall submit a report to the Department concerning its annual solid waste management program and recycling activities. This report shall be submitted electronically using the Department’s designated format, including using electronic systems where established by the Department at https://connect.re-trac.com/registration/fldep-county-report or on paper on Form 62-716.900(4), and shall include the information required by Section 403.706(7), F.S. Counties experiencing a technological hardship may request an exemption from the electronic submission requirement by submitting the County Annual Report on paper on Form 62-716.450. That designated format is Form 62-716.450 62-716.900(4), County Annual Report, effective [ __________12-17-13], is hereby adopted and incorporated by reference.  Copies of this form are available on the internet at http://www.floridadep.gov/waste/waste-reduction/content/forms-chapter-62-716-solid-waste-grants-program http://www.dep.state.fl.us/waste/quick_topics/forms/pages/62-716.htm or by contacting the Waste Reduction and Registration Section, MS #4555, Division of Waste Management, Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.  Counties seeking additional recycling credits other than the data certified by the Department shall provide supporting documentation as requested.  Data not verifiable by the Department shall not receive recycling credits.

 

Rulemaking Authority 403.704 FS. Law Implemented 403.706 FS. History–New 5-16-89, Formerly 17-716.450, Amended 12-17-13,_____.

 

62-716.460 Annual Recycling Reports.

(1) Section 403.7032(3), F.S., requires each state agency, public institution of higher learning, community college, and state university, including all buildings that are occupied by municipal, county, or state employees and entities occupying buildings managed by the Department of Management Services, to annually report all recycled materials and submit the Annual Recycling Report from Public Sector Entities to Counties to the county using the Department’s designated reporting format. That designated format is Form 62-716.460(1) 62-716.900(5), Annual Recycling Report from Public Sector Entities to Counties, effective [_________ 12-17-13], hereby adopted and incorporated by reference, and which shall may be submitted electronically, including using electronic systems where established by the Department at https://connect.re-trac.com/registration/fl-public-sctr-annl-rpt or on paper.  Public Sector Entities experiencing a technological hardship may request an exemption from the electronic submission requirement by submitting this Annual Recycling Report from Public Sector Entities to Counties on paper on Form 62-716.460(1). Copies of this form are available on the internet at http://www.floridadep.gov/waste/waste-reduction/content/forms-chapter-62-716-solid-waste-grants-program or by contacting http://www.dep.state.fl.us/waste/quick_topics/forms/pages/62-716.htm, from a local District Office or by writing to the Department of Environmental Protection, Waste Reduction and Registration Section, MS #4555, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

(2) Section 403.7032(3), F.S., encourages certain private businesses to annually report the amount of materials they recycle and submit the Annual Voluntary Recycling Recognition Form to the county using the Department’s designated reporting format. That designated format is Form 62-716.460(2) 62-716.900(6), Annual Voluntary Recycling Recognition Form, effective [ __________ 12-17-13], hereby adopted and incorporated by reference, and which shall may be submitted electronically, including using electronic systems where established by the Department at https://connect.re-trac.com/registration/fl-annual-vol-rec-rep  or on paper. Businesses experiencing a technological hardship may request an exemption from the electronic submission requirement by submitting the Annual Voluntary Recycling Recognition Form on paper on Form 62-716.460(2). Copies of this form are available on the internet at http://www.floridadep.gov/waste/waste-reduction/content/forms-chapter-62-716-solid-waste-grants-program  http://www.dep.state.fl.us/waste/quick_topics/forms/pages/62-716.htm or by contacting the Waste Reduction and Registration Section, MS #4555, Division of Waste Management, Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

(3) No change.

Rulemaking Authority 403.704 FS. Law Implemented 403.7032, 403.706 FS. History‒New 12-17-13, Amended,_____.

 

62-716.470 Voluntary Certification Program for Materials Recovery Facilities.

(1) Any owner or operator of a materials recovery facility that wishes to participate in the voluntary certification program established in Section 403.705(4), F.S., shall submit an application electronically or on paper for certification using Form 62-716.470 62-716.900(1), Application for Voluntary Materials Recovery Facility Certification, effective [________ 12-17-13], hereby adopted and incorporated by reference. Copies of this form are available on the internet at http://www.dep.state.fl.us/waste/quick_topics/forms/pages/62-716.htm or by contacting the Waste Reduction and Registration Section, MS #4555, Division of Waste Management, Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400. This form may be submitted along with a request to modify the facility’s permit, or it may be submitted as part of a new or renewal permit application.

(2) through (3) No change.

Rulemaking Authority 403.704 FS. Law Implemented 403.705, 403.7032, 403.706 FS. History‒New 12-17-13, Amended,_____.

 

62-716.480 Methods and Criteria for Calculating County Recycling Rates.

(1) through (2) No change.

(3) Criteria.

(a) Municipal solid waste includes only that waste that is, or if not otherwise recycled, may normally be collected through a public or private solid waste management service. Such services can include garbage collection services, recycling collection services, and remediation services. All construction and demolition debris shall be considered municipal solid waste for the purposes of this section. Automobiles, including scrap metal or shredder residue, are not considered municipal solid waste. Asphalt or other byproducts from road building or maintenance that are directly reused as part of an associated works project are also not considered municipal solid waste;

(b) No change.

(c) Recycling includes any process by which municipal solid waste is reused or returned to use in the form of raw materials or products. Raw materials or products may include fuels or fuel substitutes. For example, the use of waste tires as fuel, or the production of biofuels made from municipal solid waste, or the conversion of post-use polymers to crude oils and fuels, would be considered recycling for the purpose of calculating county recycling rates. However, the amount of recycled materials credit that may be claimed for the production of certain fuel products made solely from wood or paper wastes is limited in accordance with Section 403.706(4)(b), F.S. Incineration for purposes of disposal shall not be considered recycling except as may otherwise be provided in this chapter.

(d) No change.

Rulemaking Authority 403.704, 403.706, 403.708 FS. Law Implemented 403.7032, 403.706, 403.708 FS. History‒New 12-17-13, Amended,_____.

 

62-716.500 Specific Small County Consolidated Grant Application Requirements.

(1) All counties with a total population of fewer than 110,000 100,000 are eligible for annual consolidated grants, pursuant to Section 403.7095(1), F.S.

(2) By June 1 of each year, the Department shall notify provide each eligible county to submit a completed with application Form 62.716.500 62-716.900(2), Small County Consolidated Solid Waste Grant Application, effective [ _________ 12-17-13], hereby adopted and incorporated by reference. Copies of this form are available on the internet at http://www.floridadep.gov/waste/waste-reduction/content/forms-chapter-62-716-solid-waste-grants-program http://www.dep.state.fl.us/waste/quick_topics/forms/pages/62-716.htm or by contacting the Financial Management & Procurement Program, MS #4500 Waste Reduction Section, MS #4555, Division of Waste Management, Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

(3) No later than August 1 of each year, each eligible county applying for a grant shall submit electronically or on paper a complete application to the Department for approval.

(4) Consolidated grants may be used for general solid waste management, litter prevention and control, waste tire collection and disposal, and recycling and education programs.

(5) Applications received from local governments that have not returned to the Department any unexpended or unaccounted-for funds from prior year solid waste grants shall be rejected by the Department. Applications from local governments that have not met their obligations under the terms of any previous grant agreements for funds under this Chapter shall also be rejected by the Department.

Rulemaking Authority 403.704, 403.7095 FS. Law Implemented 403.7095 FS. History–New 5-16-89, Formerly 17-716.500, Amended 11-16-94, 12-17-13,_____.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Henry Garrigo

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Noah Valenstein, Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 06, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 7/25/2017