Annual Recycling Reports, Voluntary Certification Program for Materials Recovery Facilities, Methods and Criteria for Calculating County Recycling Rates, Forms
DEPARTMENT OF ENVIRONMENTAL PROTECTION
RULE NOS.:RULE TITLES:
62-716.460Annual Recycling Reports
62-716.470Voluntary Certification Program for Materials Recovery Facilities
62-716.480Methods and Criteria for Calculating County Recycling Rates
62-716.900Forms
NOTICE OF CORRECTION
Notice is hereby given that the following correction has been made to the proposed rule in Vol. 39 No. 205, October 21, 2013 issue of the Florida Administrative Register.
A Notice of Change for the proposed rule was published in Vol. 39, No. 204, October 18, 2013 issue of the Florida Administrative Register (FAR). That Notice did not include a contact person. That contact person is: Ron Henricks, Department of Environmental Protection, MS 4555, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, telephone: (850)245-8717 or email at Ron.Henricks@dep.state.fl.us.
This correction does not affect the substance of the Notice of Change as originally published in the October 18, 2013 issue of the FAR, which is as follows:
62-716.460 Annual Recycling Reports.
(1) Section 403.7032(3), F.S., requires each state agency, K-12 public school, 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 to the county using the Department's designated reporting format. That designated format is Form 62-716.900(5), Annual Recycling Report from Public Sector Entities to Counties, effective [eff. date], hereby adopted and incorporated by reference, and which may be submitted electronically or on paper. Copies of this form are available on the internet at 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 Section, 4555, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.
(2) through (3) No change.
Rulemaking Authority 403.704, FS. Law Implemented 403.7032, 403.706, FS. History–New [eff. date].
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 annual certification using form 62-716.900(1), Application for Voluntary Materials Recovery Facility Certification, effective [eff. Date], hereby adopted and incorporated by reference. Copies of this form are available at http://www.dep.state.fl.us/waste/quick_topics/forms/pages/62-716.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. 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) To qualify for certification, the owner or operator must demonstrate that:
(a) The facility recycles at least 50% of the municipal solid waste received, on an average annual basis, as reported on Form 62-701.900(7), Annual Report for a Construction and Demolition Debris Facility, as required by Rule 62-701.710(8)(b) which is hereby adopted and incorporated by reference; and
(b) Neither the facility nor the owner or operator have been the subject of a formal enforcement action that resulted in a finding that a violation of Florida statutes, rules, orders, or permit conditions occurred within 12 months prior to the submittal of the certification application.
(3) Where the applicant qualifies for certification in accordance with subsection (2) above, the certification shall be issued for the corresponding calendar year. The department will annually verify eligibility for certification via the form referenced in paragraph (2)(a) to determine the continued eligibility of the certificate holder during the tenure of its permits. Where the certificate holder qualifies for certification for subsequent calendar years during the tenure of its permit, a certification shall be issued annually for each of the corresponding subsequent calendar years.
Rulemaking Authority 403.704, FS. Law Implemented 403.705, 403.7032, 403.706, FS. History–New [eff. date].
62-716.480 Methods and Criteria for Calculating County Recycling Rates.
(1) through (2) No change.
(3) No change.
(a) through (c) No change.
(d) Recycling does not include any process that is a use that constitutes disposal, even if that process does have some beneficial use. For example, the use of municipal solid waste as fill material in a manner that constitutes disposal, such as filling a borrow pit with unprocessed construction and demolition debris, would not be considered recycling for the purpose of calculating county recycling rates. The use of processed clean debris as fill material, or the use of other processed municipal solid waste authorized by the department pursuant to a permit or other order issued under Part IV of Chapter 373, Chapter 378, or Chapter 403, F.S., for use as fill material, is not considered a use that constitutes disposal, as long as such use is integral to a land improvement project (including environmental land reclamation or restoration) or is necessary for the construction of appurtenant structures or facilities as part of a real property improvement.
Rulemaking Authority 403.704, 403.706, 403.708, FS. Law Implemented 403.7032, 403.706, 403.708, FS. History–New [eff. date].
62-716.900 Forms. No change.
(1) Form 62-716.900(1), Application for Voluntary Materials Recovery Facility Certification, as required by Rule 62-716.470(1), F.A.C., effective________.
(2) Form 62-716.900(2), Small County Consolidated Solid Waste Grant Application, as required by Rule 62-716.500(2), F.A.C., effective [eff. date].
(3) Form 62-716.900(3), Waste Tire Grant Application, as required by Rule 62-716.600, F.A.C., effective [eff. date].
(4) Form 62-716.900(4), County Annual Report, as required by Rule 62-716.450, F.A.C., effective [eff. date].
(5) Form 62-716.900(5), Annual Recycling Report from Public Sector Entities to Counties, as required by Rule 62-716.460(1), F.A.C., effective [eff. date].
(6) Form 62-716.900(6), Annual Voluntary Recycling Recognition Form, as required by subsections 62-716.460(2) and (3), F.A.C. [eff. date].
Rulemaking Authority 120.55, 403.061, 403.704, FS. Law Implemented 120.55, 403.7032, 403.706, 403.7095, FS. History–New 5-16-89, Amended 7-14-91, Formerly 17-716.900, Amended 11-16-94, 2-20-96, [eff. date].
