DEPARTMENT OF ENVIRONMENTAL PROTECTION
RULE NOS.:RULE TITLES:
62-701.805Coal Combustion Residuals Facility Permitting Requirements and Procedures
62-701.900Forms
NOTICE 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. 47 No. 131, July 8, 2021 issue of the Florida Administrative Register.
62-701.805 Coal Combustion Residuals Facility Permitting Requirements and Procedures.
(1) No change.
(2) Design Requirements.
(a) No change.
(b) The design requirements for construction of new CCR surface impoundments or any lateral expansions are those specified in 40 CFR 257.71, 257.72, 257.73 and 257.74 [as adopted by reference in subsection 62-701.804(3), F.A.C.]. The design requirements for existing CCR surface impoundments are those specified in 40 CFR 257.71 and 257.73 [as adopted by reference in subsection 62-701.804(3), F.A.C.].
(c) Requirement for Quality Assurance/Quality Control (QA/QC) Plans. For the construction of any new CCR landfill or CCR surface impoundment, any lateral expansions of a CCR landfill or surface impoundment, or retrofit of an existing CCR surface impoundment, a quality assurance/quality control plan in accordance with subsections 62-701.400(7) and (8), F.A.C., must be provided for the construction of the liner system, leachate collection system, and the final cover system, as applicable.
1. The quality assurance/quality control plan shall provide personnel with adequate information to achieve continuous compliance with the construction requirements. The plan shall include or refer to specifications and construction methods that use established engineering practices to construct a liner system, leachate collection system or final cover system and provide for quality control testing procedures and sampling frequencies. Sampling and testing shall be conducted in the field by trained personnel during construction and after construction completion. Such personnel shall be under the direction of a construction quality assurance professional engineer, to assure compliance with the standards. The construction quality assurance professional engineer or their designee shall be on-site at all times during construction to monitor construction activities and shall be on-site to monitor off-loading of any geosynthetics to be used. Construction activities include the time during which a protective layer is installed over a geomembrane, to ensure that the placement techniques do not cause damage to the geomembrane.
2. Liner systems, leachate collection systems, and final cover systems shall be installed in accordance with a Department-approved construction quality assurance plan that includes the following elements:
a. Responsibility and authority of all organizations and key personnel involved in permitting, designing, constructing, and providing construction quality assurance of the waste disposal facility shall be described fully;
b. Minimum qualifications of the construction quality assurance professional engineer and supporting personnel shall be in the plan to demonstrate that they possess the training and experience necessary to fulfill their identified responsibilities;
c. Procedures and tests that will be used to monitor the installation of the liner system, leachate collection system, or final cover system components shall be described in detail;
d. The sampling activities, sample size, sample locations, frequency of testing, acceptance and rejection criteria, and plans for implementing corrective measures that may be necessary shall be described; and
e. Reporting requirements for construction quality assurance activities shall be described, including daily summary reports, observation data sheets, problem identification and corrective measures, and final documentation. All such documents shall be included in the final report which shall be forwarded to the Department.
f. For geosynthetic components:
(I) Unless otherwise approved by the Department, one destructive test sample shall be collected every 500 feet along the total length of the liner seams. If an electrical leak location survey method, or other equivalent non-destructive test method, is used to locate and repair leaks in the installed liner system, then one destructive test sample shall be collected every 1000 feet along the total length of the seams in the areas where this method is used.
(II) If an electrical leak location survey method, or other equivalent method is used to test the geomembrane(s) in the liner system, testing shall be conducted after placement of the soil drainage layer. The geomembrane liner leak location survey shall be performed using standard industry methods, and any leaks located shall be repaired and tested by methods approved by the Department. The results of the geomembrane liner leak location survey, including a description of the locations of any leaks detected and the repairs that were conducted on these leaks, shall be documented in a final report included with the completion of construction documents required in this subsection.
(III) A laboratory experienced in the testing of geosynthetics, independent of the liner manufacturer and installer, shall perform the required testing which must include, at a minimum, conformance testing for all geosynthetics and geocomposites, and testing of seam shear and peel strength for geomembranes.
g. For soil components:
(I) All required testing and analysis shall be conducted by a qualified soil testing laboratory and performed in accordance with generally accepted engineering procedures, such as those promulgated by ASTM International.
(II) Prior to soil component installation, an appropriate borrow source shall be located. Suitability of the soil construction materials from that source shall be determined in accordance with the following:
(A) A field exploration and laboratory testing program shall be conducted by an independent soil testing laboratory to document the horizontal and vertical extent and the homogeneity of the soil strata proposed for use as a material component of the liner system. A sufficient number of index tests from each potential borrow stratum shall be performed to quantify the variability of the borrow materials and to document that the proposed borrow material complies with specifications. At a minimum, the index tests shall consist of percent fines, Atterberg limits and moisture content determinations.
(B) Sufficient laboratory hydraulic conductivity tests shall be conducted on samples representative of the range invariability of the proposed borrow source. For each such sample, test specimens shall be prepared and tested to cover the range of molding conditions (moisture content and dry density) required by project specifications. The hydraulic conductivity tests shall be conducted in triaxial type permeameters. The test specimens shall be consolidated under an isotropic consolidation stress no greater than 10 pounds per square inch and permeated with water under an adequate backpressure to achieve saturation of the test specimens. The inflow to and outflow from the specimens shall be monitored with time and the hydraulic conductivity calculated for each recorded flow increment. The test shall continue until steady state flow is achieved and relatively constant values of hydraulic conductivity are measured. The borrow source will only be considered suitable if the hydraulic conductivity of the material, as documented on laboratory test specimens, can be shown to meet the requirements of the project specifications at the 98 percent confidence level.
(III) Prior to full-scale installation, a field test section or test strip shall be constructed at the site above a prepared subbase. The test strip shall be considered acceptable if the measured hydraulic conductivities of undisturbed samples from the test strip meet the requirements of the project specifications at the 98 percent confidence level. If the test section fails to achieve the desired results, additional test sections shall be constructed in accordance with the following requirements:
(A) The test section shall be of sufficient size such that full-scale installation procedures can be duplicated within the test section;
(B) The test section shall be constructed using the same equipment for spreading, kneading and compaction and the same construction procedures (e.g., number of passes, moisture addition and homogenization, if needed) that are anticipated for use during full-scale installation;
(C) At a minimum, the test section shall be subject to the following field and laboratory testing requirements:
I. A minimum of five random samples of the soil construction material delivered to the site during test section installation shall be tested for moisture content, percent fines, and Atterberg limits;
II. At least five field density and moisture determinations shall be performed on each lift of the compacted test section;
III. Upon completion of the test section lift, the thickness of the lift shall be measured at a minimum of five random locations to check for thickness adequacy; and
IV. A minimum of five Shelby tube or drive cylinder samples shall be obtained from each lift of the test section for laboratory hydraulic conductivity testing. Laboratory hydraulic conductivity testing shall be conducted in triaxial type permeameters. The test specimens shall be consolidated under an isotropic consolidation stress no greater than 10 pounds per square inch and permeated with water under an adequate backpressure to achieve saturation of the test specimens. The inflow to and outflow from the specimens shall be monitored with time and the hydraulic conductivity calculated for each recorded flow increment. The test shall continue until steady state flow is achieved and relatively constant values of hydraulic conductivity are measured.
(IV) Full scale installation may begin only after completion of a successful test section. During construction, quality control testing shall be provided to document that the installed soil component conforms to project specifications. The testing frequencies for quality control testing are specified below; however, during construction of the first five acres, these frequencies shall be doubled. Samples shall be obtained from random locations selected by an independent soil testing laboratory. If there are indications of a change in product quality or construction procedures during construction, additional tests shall be performed to determine compliance.
(V) Field testing during installation. The following field tests shall be performed:
(A) Prior to the laying of the soil component materials, the subbase shall be compacted to the specified density. Density tests shall be conducted at a minimum rate of two tests per acre;
(B) A minimum of two moisture content and field density determinations shall be conducted per acre per lift of the compacted soil component material. The degree of compaction shall be checked using the one-point field Proctor test or other appropriate test procedures; and
(C) A minimum of four thickness measurements shall be conducted per acre per lift of the compacted soil component material.
(VI) Laboratory testing during soil component installation. The following laboratory tests shall be performed:
(A) Percent fines of the soil component construction material shall be determined at a minimum frequency of two tests per ace per lift of installed soil component material;
(B) Atterberg Limits determinations shall be performed on one sample per acre per lift of installed soil component material; and
(C) Hydraulic conductivity testing of Shelby tube or drive cylinder samples of the compacted soil component material shall be performed at a minimum frequency of one test per acre per lift. Laboratory hydraulic conductivity tests shall be conducted in triaxial type permeameters. The test specimens shall be consolidated under an isotropic consolidation stress no greater than 10 pounds per square inch and permeated with water under an adequate backpressure to achieve saturation of the test specimens. The inflow to and outflow from the specimens shall be monitored with time and the hydraulic conductivity calculated for each recorded flow increment. The test shall continue until steady state flow is achieved and relatively constant values of hydraulic conductivity are measured.
(VII) If the test data from a soil component section does not meet the requirements of the project specifications, additional random samples may be tested from that section. If such additional testing demonstrates that the thickness and hydraulic conductivity meet the requirements of the project specifications at the 95 percent confidence level, that section will be considered acceptable. If not, that section shall be reworked or reconstructed so that it does meet these requirements.
3. The professional engineer in charge of construction quality assurance shall provide a signed, sealed final report and record drawings to the Department stating that the liner components have been installed in substantial conformance with the plans and specifications. The report and drawings shall be submitted along with a certification of construction completion on Form 62-701.900(2) Certification of Construction Completion of a Solid Waste Management Facility, incorporated by reference in paragraph 62-701.320(9)(b), F.A.C.
(3) Operating Requirements.
(a) No change.
(b) New CCR surface impoundments, existing CCR surface impoundments, and lateral expansion of a CCR surface impoundment. The operating requirements for existing CCR surface impoundments, construction of new CCR surface impoundments, and any lateral expansions are those specified in 40 CFR 257.80,; 257.82,; and 257.83; [as adopted by reference in subsection 62-701.804(3), F.A.C.].
(4) through (7) No change.
(8) Closure and Post-closure Care.
(a) No change.
(b) The owner or operator must close the CCR unit in accordance with a Department operating permit that includes a closure plan, or a closure permit issued by the Department. Prior to initiating closure of a CCR unit, the owner or operator must receive authorization from the Department using one of the following options:
1. The owner or operator may submit an application to the Department for a closure permit which shall include a closure plan on Form 62-701.900(37), Application to Construct, Operate, Modify, or Close a Coal Combustion Residuals (CCR) Unit or Units, effective date [DATE], hereby adopted and incorporated by reference. Copies of this form can be obtained from the Department’s website or by contacting the Department of Environmental Protection, Solid Waste Section, MS 4565, 2600 Blair Stone Road, Tallahassee, Florida, 32399-2400, or the form can be obtained at http://www.flrules.org/Gateway/reference.asp?No=Ref-13340; or
2. No change.
(c) through (g) No change
(9) through (10) No change.
(11) CCR Permit Procedures.
(a) No person shall construct, operate, maintain, modify, conduct corrective action on, or close, or perform post-closure at a CCR landfill or surface impoundment without a permit issued by the Department under this rule. This paragraph does not apply to CCR Units that have commenced closure or post-closure care before [effective date of rule] in accordance with paragraph 62-701.805(8)(g), F.A.C.
(b) CCR Permit Applications.
1. through 3. No change
(c) CCR Permit Application Requirements: A permit application for a CCR landfill or surface impoundment shall be submitted using Form 62-701.900(37), incorporated by reference in paragraph 62-701.805(8)(b), F.A.C., as applicable.
1. No change.
2. A minimum of one electronic copy of the application, engineering plans and reports, and all supporting information for the proposed construction, modification, operation, corrective action, or closure, or post-closure care of a CCR unit shall be provided to the Department. The Department shall excuse the applicant from the requirements to submit an application electronically when the applicant files a request with the Department requesting to be excused from the electronic submission requirements due to technological hardship. If an applicant is excused from submitting an application electronically, then the applicant shall submit at least one paper copy of the entire application to the Department.
(d) through (e) No change.
(12) CCR Permit Application Fees and Terms.
(a) through (b) No change.
(c) A CCR unit permit shall be issued for a period of up to five years, or for a period of up to ten years for a CCR landfill or surface impoundment that meets the following requirements:
1. The applicant has conducted the regulated activity at the same site for which the renewal is sought for at least 4 years and 6 months before the date that the permit application is received by the Department; and
2. At the time of applying for the renewal permit:
a. The applicant is not subject to a notice of violation, consent order, or administrative order issued by the Department for violation of an applicable law or rule;
b. The applicant is required to implement assessment monitoring corrective actions in accordance with applicable Department rules; and
c. The applicant is in compliance with the applicable financial assurance requirements.
(d)(c) 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 percent of the fee listed in this section for each year over five years for which a permit is sought.
(13) CCR Permit Application Notice, Processing, Permit Issuance, Modification, and Renewal Procedures
(a) An applicant for a permit to construct, intermediately modify, or substantially modify a CCR unit shall publish and provide proof of publication to the Department of a notice of application in a newspaper of general circulation in the area where the facility will be located. This notice shall conform to the requirements of subsections 62-110.106(5) and 62-110.106(6) Rule 62-110.106, F.A.C., except that the notice shall be published within 14 days of submittal of a permit application to the Department.
(b) CCR permit applications shall be processed in accordance with the requirements in Rule 62-4.055, F.A.C.
(c)1. CCR permits shall be issued in accordance with the requirements in Rule 62-4.070, and 62-701.320(3), F.A.C.
2. The public notice requirements for CCR permits issued by the Department are specified in section 403.815, F.S., section 403.707, F.S., Rule 62-110.106, F.A.C., and Rule 62-701.320, F.A.C.
3. For a CCR landfill or surface impoundment that meets the requirements of 403.707(3)(c), F.S., the CCR permits shall be issued for a period of up to ten years.
(d) Once an application to construct, operate, renew, intermediately or substantially modify, conduct corrective action on, close, or perform post-closure for a CCR unit is complete, the Department shall prepare a draft permit or intent to deny the permit. All draft permits prepared by the Department under this section shall be publicly noticed, made available for public comment, and give notice of an opportunity for a public meeting. The applicant shall publish and provide proof of publication to the Department of the draft permit notice in a newspaper of general circulation in the area where the facility is located and the applicant’s publicly accessible CCR internet. The public notice requirements for draft CCR permits issued by the Department are specified in subsections 62-110.106(5), 62-110.106(7), and 62-110.106(12), F.A.C.
1. Public notice of the preparation of the draft permit shall allow at least 30 days for public comment. During the public comment period any interested person may submit written comments on the draft permit and may request a public meeting, if no meeting has been scheduled. A request for public meeting shall be in writing and shall state the nature of the issues proposed to be raised in the meeting. All comments shall be considered by the Department in making the final decision.
2. All public notices issued under this section are prepared by the Department and shall at minimum contain the following information:
a. Name and address of the office processing the permit action for which the notice is being given;
b. Name and address of the permittee or permit applicant and, if different, of the facility or activity regulated by the permit;
c. A brief description of the business conducted at the facility or activity described in the permit application or draft permit;
d. Name, address, and telephone number of a person from whom interested persons may obtain further information, including copies of the draft permit and the application; and
e. A brief description of the comment procedures and the time and place of any public meeting that will be held, including a statement of procedures to request a meeting (unless a meeting has already been scheduled) and other procedures by which the public may participate in the final permit decision.
f. Any additional information considered necessary to fulfill the purpose of the notice.
3. Public notice of a public meeting shall be given at least 14 days before the meeting. Public notice of the meeting may be given at the same time as public notice of the draft permit, or the two notices may be combined.
a. The Department shall hold a public meeting in the area where the CCR Unit is located whenever it finds, on the basis of requests, a significant degree of public interest in a draft permit.
b. In addition to the general public notice described in paragraph 62-701.805(13)(d), F.A.C., the public notice of a meeting shall contain the following:
I. Reference to the date of any previous public notices relating to the permit;
II. Date, time, and place of the meeting; and
III. A brief description of the nature and purpose of the meeting, including the applicable rules and procedures.
(e) After the conclusion of the public comment period described in subparagraph 62-701.805(13)(d)1., F.A.C., a public meeting (if any) described in subparagraph 62-701.805(13)(d)2., F.A.C., and after all comments have been considered, the Department shall make a final decision on the permit application. The applicant shall publish public notice of the final agency action including the availability of an administrative hearing under Sections 120.569 and 120.57, F.S., in a newspaper of general circulation in the area where the facility is located and publish the notice on the applicant’s publicly accessible CCR internet website. The public notice requirements for final CCR permits issued by the Department are specified in subsections 62-110.106(5), 62-110.106(7), and 62-110.106(12), F.A.C.
(f)(c) Modifications of Coal Combustion Residual Unit Permits.
1. through 4. No change.
5. The public notice requirements for CCR permits modified by the Department are specified in subsections 62-110.106(5), 62-110.106(6), 62-110.106(7), and 62-110.106(12) section 403.815, F.S., section 403.707, F.S., Rule 62-110.106, F.A.C., and Rule 62-701.320, F.A.C.
(g)(d) No change.
(h)(e) CCR Unit Permit Transfers.
1. through 3. No change.
4. Within 30 days of receipt of an application for permit transfer, the Department shall request additional information if the application is not complete. Within 30 days of receipt of a complete application, the Department shall either approve or deny the permit transfer. The Department’s determination shall be based solely on its evaluation of the requirements in subparagraphs paragraphs 1. (a) through 3. (c) above. If the Department fails to take action to approve or deny the transfer within 30 days of receipt of a complete application, the transfer shall be deemed approved.
5. through 6. No change.
Rulemaking Authority 403.061, 403.704, 403.707, 403.7125 FS. Law Implemented 403.702, 403.703, 403.704, 403.707, 403.7125 FS. History–New _________.
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; by contacting the Florida Department of Environmental Protection, Solid Waste Section, Mail Station #4565, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, or at https://floridadep.gov/waste/content/forms-chapter-62-701-solid-waste-management-facilities.
(1) through (26) No change.
(27) Form 62-701.900(37), Application to Construct, Operate, Modify, or Close a Coal Combustion Residuals (CCR) Unit or Units, 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, 3-13-16, ___________.
