Definitions, Documents Incorporated by Reference, Permit Fees for Solid Waste Management Facilities, Solid Waste Management Facility Permit Requirements, General, Landfill Permit Requirements, Landfill Operation Requirements, Water Quality and ...
DEPARTMENT OF ENVIRONMENTAL PROTECTION
RULE NO.: RULE TITLE:
62-701.200: Definitions
62-701.210: Documents Incorporated by Reference
62-701.315: Permit Fees for Solid Waste Management Facilities
62-701.320: Solid Waste Management Facility Permit Requirements, General
62-701.330: Landfill Permit Requirements
62-701.500: Landfill Operation Requirements
62-701.510: Water Quality and Leachate Monitoring Requirements
62-701.600: Landfill Final Closure
62-701.630: Financial Assurance
62-701.710: Waste Processing Facilities
62-701.730: Construction and Demolition Debris Disposal and Recycling
62-701.900: FormsNOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 38, No. 3, January 20, 2012 issue of the Florida Administrative Weekly.
62-701.200 Definitions.
(50) “Indoor” means within a structure that has been constructed with a roof over an impervious surface and has outside walls on a minimum of all but one of the sides of the facility. The roof and outside walls must be constructed with materials having structural strength like wood, block, fiberglass, plastic or metal rather than materials like canvas or tarpaulin, and may include windows and doors. An impervious surface means a surface like a poured concrete pad or asphaltic concrete asphalt concrete paving.
62-701.210 Documents Incorporated by Reference.
(19) GRI Test Method GM19 revision 6 3 dated October 3, 2011 June 4, 2010.
62-701.315 Permit Fees for Solid Waste Management Facilities.
(7) through (11) No change.
(7) Construction permit and/or an operation permit for a facility which has multiple solid waste management components that normally would require individual solid waste permits. A single application may be submitted and the permit fee will be the sum of all individual permits; however, the total permit fees for the facility shall not exceed $25,000, exclusive of modifications and renewals.
(8) through (11) No change.
(12) Fees for permits to construct, operate, or close that are issued for periods longer than five years shall be calculated as follows: the fee listed in this section, plus 20% of the fee listed in this section for each year over five years for which a permit is sought. For example, an applicant for a 20-year permit for landfill operation would pay a fee of $40,000 ($10,000 for the first 5 years, plus 20% of $10,000 for each of the additional 15 years).
(13) Applicants for permits of more than five years may elect to pay the entire permit fee at the time of application. Applicants may also elect to pay the fee listed above at the time of application, and make payments of 100% of the fee listed above every five years thereafter for the duration of the permit. For example, an applicant for a 20-year permit for landfill operation could pay $40,000 at the time of application, or could pay $10,000 at the time of application, plus $10,000 every five years thereafter until the time for permit renewal. Any future amendments to this section that result in increases in permit fees will not increase the fees for applicants until a renewal permit or permit modification is applied for. Failure to make such subsequent payments in a timely manner will be considered a violation of this rule and may subject the applicant to enforcement action by the Department.
62-701.320 Solid Waste Management Facility Permit Requirements, General.
(1) through (4)(8) No change.
(5) Permit application.
(a) through (b) No change.
(c) Combination facilities. An application for a permit to construct or operate a solid waste management facility having multiple solid waste management components which, if standing alone, would require solid waste management facility permits, shall include all information required to be submitted had each component been proposed as a separate facility, independent of the other components. Such information may be combined or otherwise presented so as to avoid duplicative or repetitive submittals. Additionally, such applications shall be accompanied by such fees as would be required for each facility component; however, the total permit fees for a facility shall not exceed $25,000, exclusive of modifications and renewals.
(6) through (8) No change.
(9) Permits for construction, modification, operation, and closure. Complete permit applications for construction or operation of a solid waste management facility, renewal of an operation permit for an existing facility, modification of an existing facility, or closure of a facility shall be evaluated by the respective Department district office in accordance with Chapters 62-4 and 62-701, F.A.C. Except as provided in Rule 62-701.620, F.A.C., the time period for permits shall be no longer than five years from the date of issuance by the Department. However, a construction/operation permit shall be issued for a longer period, not to exceed ten years, so that the permit will allow up to five years of operation after initial construction has been completed.
(a) through (c) No change.
(d) Permit durations shall be as follows:
1. For any facility with a leachate control system that applies for an operation or construction permit or renews an existing operation or construction permit on or after October 1, 2012, up to 20 years;
2. For any facility without a leachate control system that meets the requirements of Section 403.707(3)(c), F.S., up to 10 years;
3. For closure permits authorizing only long-term care for landfills, up to 10 years; and
4. For all other permits, up to 5 years.
(10) Permit renewals.
(b) Applicants for permit renewal shall demonstrate how they will comply with any applicable new or revised laws or rules relating to construction, operation, or closure of solid waste management facilities. Closure plans shall be updated at least once every five years the time of permit renewal to reflect changes in closure design, long-term care requirements, and financial assurance requirements.
62-701.330 Landfill Permit Requirements.
(2) Permitted footprint. Applicants seeking permits for lined landfills are not limited to the amount of area they may need for disposal during the life of the in a 5-year permit period. Rather, applicants may seek a permit with as large a disposal area as they desire subject to the following conditions.
(a) All of the information normally needed in the permit application shall be supplied for the entire area of the proposed footprint, even if only a smaller portion of the entire footprint will be constructed during the 5-year permit period.
(a) through (b) No change.
(c) During the life of the 5-year permit, the applicant must notify the Department in writing before beginning construction of another permitted phase of the landfill. Construction may proceed, without further action being required by the Department, if it is in accordance with the conditions of the permit. However, if rule changes occur after the 5-year permit is issued which affect the design of the construction, then permit modifications may be required. Upon completion of the construction of a permitted phase of the landfill, a Certification of Construction Completion document must be prepared for the phase and submitted to the Department for approval. Department approval in accordance with paragraph 62-701.320(9)(b), F.A.C., is required before the applicant may begin use of the newly constructed phase. No permit fees will be required for authorizing use of these phases.
(d) At the end of the 5-year permit period, the applicant may apply for renewal of the permit. The information for the construction of the entire footprint will not have to be resubmitted if no substantial change is proposed in the planning or design of future phases. However, the applicant will be required to update the operation plan for the landfill, evaluate water quality data, ensure the financial assurance cost estimates and mechanism are current and provide reasonable assurance for compliance with any new rules or statutes that may be required of the facility which were not in effect at the time the previous permit was issued. Should there be new liner requirements at the time of permit renewal, the Department will not impose them on phases that are already constructed.
(d) through (e) No change.
62-701.500 Landfill Operation Requirements.
(8) Leachate management.
(a) through (g) No change.
(h) New leachate collection systems shall be water pressure cleaned or inspected by video recording after construction but prior to initial placement of wastes. Existing leachate collection systems shall be water pressure cleaned or inspected by video recording at least once every five years the time of permit renewal. Results of the collection system cleanings or inspections shall be available to the Department upon request.
(9)(8) through (12) No change.
62-701.510 Water Quality and Leachate Monitoring Requirements.
(8) Water quality monitoring reporting.
(a) The landfill owner or operator shall report all representative water quality monitoring results to the Department within 60 days from completion of laboratory analyses, unless a different due date is specified in the permit. In accordance with subsections 62-160.240(3) and 62-160.340(4), F.A.C., water quality data shall be provided to the Department in an electronic format consistent with requirements for importing into Department databases, unless an alternate form of submittal is specified in the permit. The permittee shall include Form 62-701.900(31), Water Quality Monitoring Certification, effective date January 6, 2010, hereby adopted and incorporated by reference, with each report certifying that the laboratory results have been reviewed and approved by the permittee. Copies of this form are available 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. The operator of the landfill shall notify the Department at least 14 days before the sampling is scheduled to occur so that the Department may collect split samples. If water quality data is not provided in an electronic format, the permittee shall submit a separate report that includes The report shall include at least the following:
62-701.600 Landfill Final Closure.
(2) Closure permit requirements. Prior to initiating closure of a solid waste disposal unit, or part of a solid waste disposal unit, the owner or operator must receive authorization from the Department in one of the following manners. The owner or operator may submit an application to the Department for a closure permit on Form 62-701.900(1), which application shall include a closure plan. If the landfill is operating under a Department permit, the owner or operator may request a modification of the permit to address substantive changes in the closure plan, or the owner or operator may demonstrate that the closure plan in the existing operation permit includes sufficient detail to provide reasonable assurance of compliance with the provisions of this section. The application or request for modification shall include an updated closure plan which is made up of In all cases, the closure plan shall include the following:
(8) Cost adjustments for corrective action.
(b) At the time of permit renewal, or every fifth year when a permit is issued with a duration greater than 5 years, or if the corrective action plan is modified during the corrective action period, the owner or operator shall revise the corrective action cost estimate. Revisions shall be made and submitted as specified in subparagraph (8)(a)1. of this section. The use of cost estimates that are submitted in accordance with this subsection and used as the basis for comparison against the balance of the funding mechanisms specified in subsection (9) of this section does not constitute estimate approval.
(b) through (c) No change.
62-701.620 Long-Term Care.
(4) Modified ground water monitoring plan.
(a) The owner or operator of a landfill may apply for a modification to its ground water monitoring plan to remove a parameter from the list specified in subsection 62-701.510(7)(8), F.A.C. The Department will grant such modification upon a demonstration that leachate and ground water have consistently been sampled and analyzed for the parameter, and that the parameter has never been detected in the leachate or in any ground water well or surface water point during the active life of the landfill.
62-701.630 Financial Assurance.
(8) Cost adjustments for corrective action.
(b) At the time of permit renewal, or every fifth year when a permit is issued with a duration greater than five years, or if the corrective action plan is modified during the corrective action period, the owner or operator shall revise the corrective action cost estimate. Revisions shall be made and submitted as specified in subparagraph (8)(a)1. of this section. The use of cost estimates that are submitted in accordance with this subsection and used as the basis for comparison against the balance of the funding mechanisms specified in subsection (9) of this section does not constitute estimate approval.
(b) through (c) No change.
62-701.710 Waste Processing Facilities.
(1) Applicability
(d) The following facility types are subject to special requirements or are exempt from some requirements of this section.
3. Waste-to-energy facilities are exempt from the requirement to have a trained operator and a trained spotter set forth in paragraph 62-701.710(4)(c), F.A.C. This does not exempt such facilities from operator training requirements set forth in other Department rules.
(6) Closure requirements.
(c) Closure must be completed within 180 days after receiving the final solid waste shipment. Closure will include removal of all recovered materials from the site, as well as performing any contamination evaluation required by paragraph 62-701.710(1)(2)(d)2., F.A.C. The owner or operator shall certify in writing to the Department when closure is complete.
(11) Transfer stations that consolidate waste directly from one mobile container or vehicle into another mobile container or vehicle are exempt from the permitting requirements of this section provided:
a. The owner or operator notifies the Department, and renews any existing notification by July 1 of each year, on Form 62-701.900(35), Notification of Container-to-Container Waste Transfer Processing Facility, effective [eff. date], hereby adopted and incorporated by reference. Copies of this form are available 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. A site plan showing the property and area where waste transfer operations will be conducted shall be included in accordance with the directions on Form 62-701.900(35);
b. The facility is operated to minimize the discharge of leachate to the environment and to control objectionable odors, litter, dust, and other fugitive particulates;
c. Only construction and demolition debris and Class III solid waste is accepted at the facility;
d. Waste is stored only in mobile containers or vehicles, and is not stored, placed, or located on the ground, or in an a permanent immobile container or structure, or on a tipping floor, except for the occasional storage of bulky items that do not generate leachate;
e. No solid waste, including waste in mobile containers or vehicles, is stored at the facility, or on any adjacent property, for more than 7 days;
f. The largest mobile container or vehicle on-site that is used for consolidation and transfer does not hold more than 40 cubic yards;
g. No more than ten mobile containers or vehicles containing waste or recovered materials, and no more than 200 cubic yards of waste and recovered materials, are stored at the facility on the site at any one time; and,
h. No more than 1,500 cubic yards of waste may be received at the facility during any calendar month;
i. The waste received at the facility has been collected by the owner or operator and shall not be received from any third party hauler of the waste;
j. Each mobile container or vehicle received or stored at the facility is owned or leased by the operator of the facility and;
k. Operational records shall be maintained on-site documenting the quantity in cubic yards of waste received, stored, and removed from the site, and where it was sent for recycling or disposal. Such records shall be retained at the facility for three years.
62-701.730 Construction and Demolition Debris Disposal and Recycling.
(4) Other requirements. Except as specified in this section, the requirements of Rules 62-701.330 through 62-701.630, F.A.C., do not apply to construction and demolition debris disposal facilities.
(b) A water quality monitoring plan that meets the criteria set forth in Rule 62-701.510 and Chapter 62-520, F.A.C., shall be included with the permit application, and shall be implemented and maintained by the owner or operator, with the following exceptions:
5. Background water quality shall be established in accordance with the provisions of paragraph 62-701.510(6)(b), F.A.C., except that the analysis shall also include sulfate and aluminum. In addition, all background and detection wells shall be sampled and analyzed at least once every five years prior to permit renewal for those parameters listed in paragraph 62-701.510(7)(a), F.A.C., as well as sulfate and aluminum.
(6) through (8) No change.
(7) Operation requirements. Owners and operators of construction and demolition debris disposal facilities shall comply with the following requirements:
(a) An operation plan describing the facility operations and maintenance, emergency and contingency plans, and types of equipment that will be used shall be kept at the facility at all times and made available for inspection. The operation plan shall describe the method and sequence of filling waste and shall state the maximum allowed lift depth. Lift depth shall not exceed 10 feet unless authorized in the operation plan. Lift depths greater than 10 feet may be allowed depending on specific operations, daily volume of waste, width of working face, and good safety practices. All activities at the facility shall be performed in accordance with this plan and the permit conditions. The plan shall be updated as operations change but no less frequently than every five years upon renewal of the permit. The operation permit shall be modified to reflect any substantive changes to the plan, other than those required for routine maintenance.
(b) through (j) No change.
(8) No change.
(11) Financial Assurance.
(a) As a condition for issuance of an off-site construction and demolition debris disposal facility permit, permit transfer, or permit modification authorizing expansion, the owner or operator shall provide the Department with closure cost estimates for the permitted portions of the facility as part of the application proof of financial assurance issued in favor of the State of Florida in the amount of the closing and long-term care cost estimates for the facility. Proof of financial assurance issued in favor of the Florida Department of Environmental Protection in the amount of the closing and long-term care cost estimates for each permitted disposal unit shall be provided at least 60 days prior to the initial receipt of waste at such unit. This proof shall be submitted to the Department as part of the permit application process. No solid waste shall be stored or disposed of at a solid waste disposal unit until the permittee has received written approval of the financial assurance mechanism from the Department. The financial mechanism shall either be:
62-701.900 Forms.
(1) Form 62-701.900(1), Application to Construct, Operate, Modify, or Close a Solid Waste Management Facility, effective [eff. date] January 6, 2010.
(5) Form 62-701.900(5), Financial Mechanisms for Solid Waste Management Facilities Requiring Closure and/or Long-term Care, effective [eff. date] January 6, 2010.
(a) Solid Waste Facility Irrevocable Letter of Credit.
(b) Solid Waste Facility Financial Guarantee Bond.
(c) Solid Waste Facility Performance Bond.
(d) Solid Waste Facility Closure/Long-Term Care Insurance Certificate.
(e) Solid Waste Facility Financial Test.
(f) Solid Waste Facility Corporate Guarantee.
(g) Solid Waste Facility Trust Fund Agreement.
(h) Solid Waste Facility Standby Trust Fund Agreement.
(6) Form 62-701.900(6), Application to Construct, Operate, or Modify a Construction and Demolition Debris Disposal or Disposal with Recycling Facility, effective [eff. date] May 27, 2001.
(25) Form 62-701.900(35), Notification of Container-to-Container Waste Transfer Processing Facility, effective [eff. date].
