The Department proposes to amend Chapter 62-722, Florida Administrative Code (F.A.C.), which contains certification and reporting regulations for persons who handle, purchase, receive, recover, sell, or are end users of 600 tons or more per year of ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NOS.:RULE TITLES:

62-722.200:Definitions

62-722.400:Procedures for Certification and Reporting

PURPOSE AND EFFECT: The Department proposes to amend Chapter 62-722, Florida Administrative Code (F.A.C.), which contains certification and reporting regulations for persons who handle, purchase, receive, recover, sell, or are end users of 600 tons or more per year of recovered materials as defined per statute. In 2010 the Legislature modified the deadline for recovered materials dealers to annually report their recycling tonnages to DEP. This rule chapter is being amended to update that deadline per statute. There are also some minor clarifying amendments. Additionally, two forms that are used in this program that were previously found in Rule 62-701.900 are being incorporated into this chapter.

SUMMARY: Two definitions are being clarified. Two forms that were previously found in Rule 62-701.900 (Forms 62-701.900(26) and (27)) are being renumbered and adopted and incorporated by reference into this chapter, but are otherwise unchanged.

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: There are no substantive changes to the rule other than changing a due date. There are no costs associated with any of the proposed changes.

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, 403.704, 403.7046 FS.

LAW IMPLEMENTED: 403.703, 403.704, 403.705, 403.7046 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: June 27, 2013, 1:00 p.m. − 5:00 p.m.

PLACE: Department of Environmental Protection, Bob Martinez Center, 2600 Blair Stone Road, Room 609, Tallahassee, Florida

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 5 hours before the workshop/meeting by contacting: Ron Henricks, Department of Environmental Protection, MS 4555, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, telephone [phone] or email at [e-mail]. 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: Ron Henricks, Department of Environmental Protection, MS 4555, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, telephone [phone] or email at [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

CHAPTER 62-722 REGULATION OF RECOVERED MATERIALS

 

62-722.200 Definitions. In addition to applicable definitions in Rule 62-701.200, F.A.C., the following words, phrases, or terms as used in this chapter, unless the context clearly indicates otherwise, shall have the following meanings:

(1) No change.

(2) "Certified person" means any person who handles, purchases, receives, recovers, sells or is an end user of 600 tons or more per year of recovered materials, reports to, and is certified by the Department pursuant to this chapter. A person whose activities are limited strictly to the transportation of recovered materials is not considered to be a person who handles, purchases, receives, recovers, sells or is an end user of recovered materials.

(3) through (8) No change.

(9) "Recovered materials" means metal, paper (including cardboard), glass, plastic, textile, or rubber materials that have known recycling potential, can be feasibly recycled, and have been diverted and source separated or have been removed from the solid waste stream for sale, use, or reuse as raw materials, whether or not the materials require subsequent processing or separation from each other, but does not include materials destined for any use that constitutes disposal. Recovered materials as described above are not solid waste. Recovered materials do not include lumber, concrete, brick, wallboard, waste tires, used oil filters, and other materials that are not one of the six types of recovered materials that are specifically identified in this subsection.

(10) "Recovered materials processing facility" means a facility engaged solely in the storage, processing, resale, or reuse of recovered materials. Such a facility is not a solid waste management facility if it meets the conditions of Section 403.7045(1)(e f), F.S.

(11) through (13) No change.

(14) "Type of recovered materials" means old newspaper (ONP), old corrugated containers (OCC), high grade/office paper, mixed paper, plastic bottles, all other plastic, aluminum cans, other non-ferrous, steel cans, other ferrous (other than used oil filters), glass, rubber (other than waste tires) and textiles.

Rulemaking Specific Authority 403.061, 403.704, 403.7046 FS. Law Implemented 403.703, 403.704, 403.7046 FS. History–New 1-1-95, Amended [eff. date].

 

62-722.400 Procedures for Certification and Reporting.

(1) Beginning January 1, 1995, Aany person in this state who handles, purchases, receives, recovers, sells or is an end user of 600 tons or more of recovered materials must annually apply for certification to the Department no later than April 1 and beginning January 1, 1996, annually report to the Department, not later than April 1 of each year, certain information for the preceding calendar year, unless such person is exempt pursuant to Rule 62-722.300, F.A.C., or is otherwise not subject to the requirements of this chapter. Certification applications shall be accompanied by a $50 fee, and shall be submitted on Form 62-722.400(9)(a), Application for Recovered Materials Certification, effective [eff. date], 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/62-722.htm, from a local District Office or by writing to the Department of Environmental Protection, Solid Waste Section, MS 4565, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

(2) Any person in this state who handles, purchases, receives, recovers, sells or is an end user of 600 tons or more of recovered materials must annually report to the Department, and to all counties from which it received materials, certain information for the preceding calendar year, unless such person is exempt pursuant to Rule 62-722.300, F.A.C., or is otherwise not subject to the requirements of this chapter. Such reports shall be submitted by February 1 on Form 62-722.400(9)(b), Reporting Form for Recovered Materials, effective date [eff. date], 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/62-722.htm, from a local District Office or by writing to the Department of Environmental Protection, Solid Waste Section, MS 4565, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400. This report shall include the following information:

(a) through (d) No change.

(3) (2) No change.

(3) The information specified in subsection (1) above shall be provided by the applicant on Form 62-701.900(23), F.A.C., and shall be accompanied by an annual $50.00 certification fee.

(4) through (8) No change.

(9) The forms used by the Department in this Chapter are adopted and incorporated by reference elsewhere. The following list of forms is provided solely for convenience and can be obtained on the internet at http://www.dep.state.fl.us/waste/quick_topics/forms/pages/62-722.htm or by contacting the Waste Reduction Section, MS 4555, Division of Waste Management, Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

(a) Application for Recovered Materials Certification, effective [eff. date].

(b) Reporting Form for Recovered Materials, effective date [eff. date].

Rulemaking Specific Authority 403.061, 403.704, 403.7046 FS. Law Implemented 403.705, 403.7046 FS. History–New 1-1-95, Amended 12-17-96, [eff. date].

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Jorge Caspary, Director, Division of Waste Management

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Herschel T. Vinyard Jr., Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 19, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 13, 2010