The Department is proposing to amend Chapter 62-709, Florida Administrative Code (F.A.C.), which contains regulations for processing yard trash and for composting solid waste. This rule was last amended October 22, 2000 to allow for registrations ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO: RULE TITLE
62-709.201: Definitions
62-709.300: General Provisions
62-709.305: Exemptions
62-709.320: Yard Trash Processing Facilities
62-709.330: Specific Criteria for Registration of Yard Trash Processing Facilities
62-709.350: Specific Criteria for Registration of Facilities Composting Vegetative Wastes, Animal Byproducts or Manure, or Blending Manure
62-709.460: Special Permitting Criteria for Solid Waste Organics Recycling Pilot Projects
62-709.500: Design Criteria
62-709.510: Operation Criteria
62-709.530: Testing, Recording and Reporting Requirements
62-709.550: Classification of Compost
62-709.600: Criteria for the Use of Compost
62-709.901: Forms
PURPOSE AND EFFECT: The Department is proposing to amend Chapter 62-709, Florida Administrative Code (F.A.C.), which contains regulations for processing yard trash and for composting solid waste. This rule was last amended October 22, 2000 to allow for registrations rather than individual solid waste permits for processing of yard trash, and there were technical changes that needed to be made. In addition, the organics recycling industry requested the Department expand the variety of feedstocks that a facility can process while still qualifying for a registration due to the success of the yard trash processing facility registration provision in encouraging/promoting recycling of yard trash. There is also a need to provide a less burdensome process to the permitting process for short-term, size-restricted pilot and research project focused on recycling organic solid wastes.
SUMMARY: Rule 62-709.201, F.A.C., Definitions – Some definitions were relocated into this rule from other parts of this chapter. Some definitions that were included in Rule 62-701.200, F.A.C., have been reinserted into this chapter to make it easier for the regulated community. New definitions have been added, including animal byproducts, beneficial use, maturity, motorized firefighting equipment, pre-consumer vegetative waste, size-reduced, and vegetative waste.
Rule 62-709.300, F.A.C., General Provisions – The closure requirements were moved to this section and expanded to include a requirement for notification to the Department of the closing date, as well as prohibiting receipt of waste after the established closing date, and specifying residual material removal within a month after ceasing to receiving solid waste. The exemption for industrial byproducts has been inserted to be consistent with recent changes in the statutes. The disinfection criteria mentioned in the definition of compost has been inserted to clarify what methods are acceptable to demonstrate that disinfection has been achieved. Temperature monitoring was inserted to make it clear that it applies to registered or permitted composting facilities. Applicable permit fees are now listed in this rule rather than in Chapter 62-701, F.A.C. The fees for registrations have not changed, but a fee was added for the organics recycling pilot project permits.
Rule 62-709.305, F.A.C., Exemptions – The exemptions for backyard composting and normal farming operations were moved from Rule 62-709.300, F.A.C. The exemption for normal farming was expanded to include clarification regarding when this exemption applies, and expanded it to include exempting manure management operations covered under Department concentrated animal feeding operation rules. It is clarified that the Department does not regulate beneficial use of processed yard trash. Guidelines for determining when land application of unprocessed yard trash, manure or vegetative waste is considered beneficial use are added.
Rule 62-709.320, F.A.C., General Provisions for Registrations – This rule has been expanded to include facilities composting vegetative waste, animal byproducts or manure with or without yard trash, and manure blending operations. The requirement for an interior lane width of 15 feet has been removed and replaced with a new provision requiring that none of the processed or unprocessed material shall be mechanically compacted. It requires that any putrescible waste be processed into the composting material or removed within 48 hours. Closure requirement clarifies that all residuals, solid waste and recyclable materials must be removed and properly managed in order to comply with the existing solid waste management requirements in Chapter 62-701, F.A.C. There are also a number of procedural and clerical changes.
Rule 62-709.330, F.A.C., Specific Criteria for Registration of Yard Trash Processing Facilities – This requirement directs yard trash processing facilities to comply with the general registration provisions in Rule 62-709.320, F.A.C, and specific requirements of this rule. The specific requirements that a facility processing only yard trash must meet in order to qualify for registration were relocated from Rule 62-709.320, F.A.C., because Rule 62-709.320, F.A.C., was expanded to address more than just yard trash processing facilities.
Rule 62-709.350, F.A.C., Specific Criteria for Registration of Facilities Composting Vegetative Wastes, Animal Byproducts or Manure, or Blending Manure – This requirement directs a facility processing vegetative wastes, animal byproducts or manure to comply with the general registration provisions in Rule 62-709.320, F.A.C, and specific requirements of this rule. This rule also sets forth specific requirements that the carbon-to-nitrogen ratio must be greater than 20, and limits the pile height to 12 feet. All materials received must be removed within 18 months unless otherwise authorized. While the composted or manure blended material must be disinfected, this section relieves facilities composting only pre-consumer vegetative waste from demonstrating that disinfection has been achieved. This rule specifies options for vector attraction reduction controls.
Rule 62-709.460, F.A.C., Special Permitting Criteria for Solid Waste Organics Recycling Pilot Projects – This rule creates a simplified permit for small, short-term organics recycling projects that would not already qualify for a registration under this Chapter, including research projects for composting of solid waste, or an organics recycling project that is not limited to composting. Permits are limited to 18 months with one extension for an additional 18 months, and project feedstock is limited to no more than 10,000 cubic yards. The prohibitions specified in subsection 62-709.300(7), F.A.C., apply, except for relaxing the prohibitions regarding setback distances to potable water wells (i.e., 250 feet versus 500 feet) and to water bodies (i.e., 100 feet versus 200 feet). Applicants receiving permits for these projects would still need to address site access, and controls for dust, litter, odors and vectors, fire protection and control. It requires certain unauthorized materials be immediately containerized and removed if discovered. Closure requirement clarifies that all residuals, solid waste and recyclable materials must be removed and properly managed in order to comply with the existing solid waste management requirements in Chapter 62-701, F.A.C. The permit application form to be used and the content of that application is specified, including contact information, documentation regarding land ownership, project description, materials processed, methods used to control odors, vectors and stormwater, and how the solid waste will disinfected and the method used to demonstrate disinfection has been achieved, operating parameters used to manage the process (including temperature monitoring), and closure procedures that will be used. It specifies operational options for vector attraction reduction controls. Record keeping and reporting requirements are also specified.
Rules 62-709.500, F.A.C., Design Criteria for Permitted Facilities, and 62-709.510 Operation Criteria for Permitted Facilities – The rule title was changed to make it clear that these two rules apply only to facilities requiring an individual permit under this chapter.
Rule 62-709.530, F.A.C., Testing, Recording and Reporting Requirements – The requirement to test for three parameters (total nitrogen, total phosphorus and total potassium) has been removed from the rule because they were no longer needed for evaluating compost. The list of pathogens required to demonstrate that materials have been disinfected has been expanded to be consistent with subsection 62-709.300(8), F.A.C. It excludes compost made from vegetative wastes or animal byproducts, in addition to yard trash or manure, from foreign matter and metals testing. The annual report form that a permitted facility must submit has been incorporated into Rule 62-709.901, F.A.C.
Rule 62-709.550, F.A.C., Classification of Compost – This rule has been updated to reflect the reduced requirements for registered facilities processing manure, vegetative waste and animal byproducts.
Rule 62-709.901, F.A.C., Forms – This rule lists the forms applicable to this chapter.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The Department has determined that these proposed amendments will not impact small businesses, small cities, or small counties. Therefore, no Statement of Estimated Regulatory Costs was prepared.
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.
SPECIFIC AUTHORITY: 120.53, 403.061, 403.704, 403.7043 FS.
LAW IMPLEMENTED: 120.53, 403.7043, 403.707 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: December 1, 2009, 9:00 a.m.
PLACE: Department of Environmental Protection, 3900 Commonwealth Blvd., Conference Room A, 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 days before the workshop/meeting by contacting: Francine Joyal. 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: Francine Joyal, Department of Environmental Protection, 2600 Blair Stone Road, MS 4565, Tallahassee, Florida 32399-2400, telephone [phone] or email: [e-mail].

THE FULL TEXT OF THE PROPOSED RULE IS:

62-709.201 Definitions.

The definitions in Rule 62-701.200, F.A.C., apply to this chapter unless the context clearly indicates otherwise. For purposes of this chapter, the following words, phrases or terms shall have the following meaning:

(1) “Animal byproducts” means source-separated organic solid waste that is animal in origin, such as meat, fat, dairy, or eggs, and is generated by commercial, institutional, agricultural, or industrial operations. This term includes waste generated by prison facilities, grocery stores, manufacturing or packaging plants, butcher shops, restaurants and abattoirs. This term also includes packaging that has come into contact with animal byproducts. These wastes will be viewed as putrescible waste in this chapter.

(2) “Beneficial use” means, for the purposes of this Chapter, that readily-degradable organics are placed on or in the soils to provide a viable benefit, such as, reducing erosion and water loss, regulating soil temperature, preventing the growth of weeds, or serving as a soil amendment upon decomposition. Placement of materials for purposes of disposal is not considered to be a beneficial use.

(3) “Backyard composting” means the composting of organic solid waste, such as grass clippings, leaves or food waste, generated by a homeowner or tenant of a single or multi-family residential unit or an apartment complex unit, where composting occurs at that dwelling unit.

(4) “Clean wood” means wood, including lumber, tree and shrub trunks, branches, and limbs, that is free of paint, glue, filler, penthachlorophenol, creosote, tar, asphalt, chromated copper arsenate, other wood preservatives or treatments.

(5) “Compost” means solid waste which has undergone biological decomposition of organic matter, has been disinfected using composting or similar technologies, and has been stabilized to a degree that is potentially beneficial to plant growth and that is used or sold for use as a soil amendment, artificial top soil, growing medium amendment or other similar uses.

(6) “Composting” means the process by which biological decomposition of organic solid waste is carried out under controlled aerobic conditions, and that stabilizes the organic fraction into a material which can easily and safely be stored, handled and used in an environmentally acceptable manner. The presence of anaerobic zones within the composting material will not cause the process to be classified as other than composting.

(7) “Composting facility” means a solid waste management facility where solid waste is processed using composting technology. Processing may include physical turning, windrowing, aeration or other mechanical handling of organic matter.

(8) “Curing area” means an area where organic material that has undergone the rapid initial stage of composting is further stabilized into a humus-like material.

(9) “Disinfection” means the selective destruction of pathogens indicated by a reduction in indicator organism(s) as specified in paragraph 62-709.300(8)(a), F.A.C.

(10) “Foreign matter” means the inorganic and organic constituents in a solid waste stream that are not readily decomposed and that may be present in the compost. Foreign matter is metals, glass, plastics, rubber, bones, and leather, but does not include sand, grit, rocks or other similar materials.

(11) “Land reclamation” means the restoration of productivity to lands made barren through processes such as erosion, mining or land clearing.

(12) “Manure” means a solid waste composed of excreta of animals, and residual materials that have been used for bedding, sanitary or feeding purposes for such animals. For purposes of this chapter, manure does not include such material generated and managed by normal farming operations, but does include “paunch manure,” which is the undigested stomach content of cattle.

(13) “Maturity” means the degree of stability that has been achieved.

(14) “Mesophilic stage” means a biological stage in the composting process characterized by active bacteria which favor a moderate temperature range of 20-45 degrees Celsius. It occurs later in a composting process after the thermophilic stage and is associated with a moderate rate of decomposition.

(15) “Motorized firefighting equipment” means equipment that can be used to control and extinguish fires such as fire trucks, front end loaders, and bull dozers.

(16) “Pre-consumer vegetative waste” means source-separated vegetative solid waste from commercial, institutional, industrial or agricultural operations that is not considered yard trash, and has not come in contact with animal products or byproducts or with the end user. This term includes material generated by grocery stores, packing houses, and canning operations, as well as products that have been removed from their packaging, such as out-of-date juice, vegetables, condiments, and bread. This term also includes associated packaging that is vegetative in origin such as paper or corn-starch based products, but does not include packaging that has come in contact with other materials such as meat. Plate scrapings are specifically excluded from this definition. These wastes are putrescible waste as defined in this chapter.

(17) “Putrescible waste” means solid waste that contains organic matter capable of being decomposed by microorganisms and of such a character and proportion as to be capable of attracting or providing food for birds. The term does not include uncontaminated yard trash or clean wood.

(18) “Recycling” means any process by which solid waste, or materials which would otherwise become solid waste, are collected, separated, or processed and reused or returned to use in the form of raw materials or products.

(19) “Size-reduced” means the material has been processed so that it will pass through a 6-inch sieve or has been cut for firewood in no greater than 24 inch lengths.

(20) “Stabilized” means that biological and chemical decomposition of the wastes has ceased or diminished to a level so that such decomposition no longer poses a pollution, health, or safety hazard. The term means that the compost has at least passed through the thermophilic stage, and that biological decomposition of the solid waste has occurred to a sufficient degree that will allow beneficial use.

(21) “Thermophilic stage” means a biological stage in the composting process characterized by active bacteria which favor a high temperature range of 45-75 degrees Celsius. It occurs early in a composting process before the mesophilic stage and is associated with a high rate of decomposition.

(22) “Vector” means a carrier organism that is capable of transmitting a pathogen from one organism to another.

(23) “Vegetative waste” means source-separated organic solid waste that is vegetative in origin, and is generated by commercial, institutional, agricultural or industrial operations that is not considered yard trash. This term includes waste generated by grocery stores, prisons, restaurants, packing houses, and canning operations, as well as products that have been removed from their packaging, such as out-of-date juice, vegetables, condiments, and bread. This term also includes packaging that is vegetative in origin such as paper or corn-starch based products. These wastes are putrescible waste as defined in this chapter. Where the term is not used in conjunction with the term pre-consumer, it included vegetative waste that may have come in contact with the end user.

(24) “Yard trash” means vegetative matter resulting from landscaping maintenance or land clearing operations and includes materials such as tree and shrub trimmings, grass clippings, palm fronds, trees and tree stumps, and associated rocks and soils. For purposes of this chapter, it also includes clean wood.

(25) “Yard trash processing facility” means a yard trash transfer station or a facility at which yard trash is processed into a size-reduced, usable material or is composted, but does not include a facility used for the disposal of yard trash.

Rulemaking Authority 403.704, 403.7043 FS. Law Implemented 403.7043 FS. History–New________.

 

62-709.300 General Provisions.

(1) General provisions relating to solid waste management may be found in Chapter 62-701, F.A.C., including statements of intent, definitions, prohibitions, general permitting requirements, alternate procedures, and variances, and forms. Except where the context indicates otherwise, these general provisions apply to this chapter.

(2) No solid waste management facility whose purpose is or includes the production of compost shall be constructed, operated, expanded or modified without an appropriate or currently valid permit or registration issued by the Department unless specifically exempted by Chapter 403, F.S., Chapter 62-701, F.A.C., or this chapter.

(3) Except for permits issued in accordance with Rule 62-709.460, F.A.C., the following applies:

(a) Application for a permit, shall be pursuant to the requirements specified in Rule 62-701.320 subsections 62-701.320(5), (6), paragraphs (7)(a)-(g) and (8), F.A.C., except that Form 62-709.901(1) 62-701.900(10) shall be used, Application for a Permit to Construct/Operate a Solid Waste Management Facility for the Production of Compost, effective date XXX, 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 or from the Department web page at http://www.dep.state.fl.us/waste/quick_topics/forms/pages/62-709.htm.

(b)(4) No change.

(c) Term of permit. The time period for permits shall be no longer than five years from the date of issuance by the Department.

(4) Closure requirements.

(a) The owner or operator shall notify the appropriate Department District Office in writing forty-five (45) days prior to ceasing operations, and shall specify a closing date. No waste shall be received by the facility after the closing date.

(b) All residuals, solid waste, and recyclable materials shall be removed from the site and recycled, or disposed of pursuant to the requirements of Chapter 62-701, F.A.C., within one month from the date the facility ceases to receive solid waste. Any remaining compost shall be used in accordance with the requirements of this chapter or disposed of pursuant to the requirements of Chapter 62-701, F.A.C.

(5) Nothing in this chapter is intended to relieve any person from compliance with the storm water rules found in Chapters 62-25 and 62-330, F.A.C., or with any other local, state or federal requirements.

(6) The following activities or facilities are not regulated under this chapter:

(a)(5) Simple exposure of solid waste with little to no mechanical handling that results in natural decay; this is considered disposal and is regulated under subject to the requirements of Chapter 62-701, F.A.C.

(b)(6) Composting of solid waste Solid waste which is composted as a volume reduction measure prior to intended disposal; this is considered waste processing and is not regulated by this rule, but is regulated under Chapter 62-701, F.A.C.

(7) Compost produced outside of the State of Florida which is used or sold for use within the state shall comply with the requirements specified in Rules 62-709.530, 62-709.550 and 62-709.600, F.A.C.

(c)(8) Composting facilities that process domestic wastewater residuals with yard trash; these are not regulated under this chapter, but are regulated under Chapter 62-640, F.A.C.

(9) Composting facilities that process domestic wastewater residuals with other solid wastes are regulated under this chapter. However, nothing in this chapter shall relieve such facilities from complying with other applicable federal or state rules or regulations regarding domestic wastewater residuals management.

(d) Facilities where industrial byproducts are segregated and managed, provided that the operation is either exempt from permitting under Section 403.7045, F.S., or is regulated under another Department permit or certification.

(10) The following activities are not regulated by this rule provided no public nuisance or any condition adversely affecting the environment or public health is created and the activity does not violate other state or local laws, ordinances, rules, regulations, or orders.

(a) Backyard composting and the resulting compost.

(b) Normal farming operations. For purposes of this rule, composting of only yard trash, or manure by persons on their own property for their own use on that property as part of agronomic, horticultural or silvicultural operations will also be considered as normal farming operations. Any compost which is sold for use by persons other than the generator shall meet the requirements of Rules 62-709.530 through .600, F.A.C.

(7) Prohibitions.

(a)(11) No person shall cause or allow the discharge of air pollutants that which cause objectionable odor in violation of Chapter 62-296, F.A.C.

(b)(12) The prohibitions of Rule subsection 62-701.300(2), F.A.C., as well as the siting restriction of subsection 62-701.320(13) 62-701.320(12), F.A.C., apply to facilities regulated under this chapter the siting of composting facilities.

(c)(13) No solid waste processed in accordance with this chapter compost made from solid waste shall be placed used as fill material in any natural or artificial body of water or wetland, unless authorized under a permit from the Department or a water management district, or in an open sinkhole, or a dewatered pit.

(14) Any compost made from solid waste which cannot be used pursuant to the requirements of this rule shall be reprocessed or disposed of pursuant to the requirements of Chapter 62-701, F.A.C.

(d)(15) No treated or untreated biomedical waste, as regulated by Chapter 64E-16, F.A.C., shall be accepted at organics processing or recycling composting facilities.

(e)(16) Used oil, hazardous waste and asbestos-containing waste shall not be processed into recyclable organic materials compost except for small quantities normally found in household waste.

(8) Compost.

(a) Any compost produced from solid waste, excluding compost made with only yard trash or pre-consumer vegetative waste, must be disinfected. One of the following options must be used to demonstrate that disinfection has been achieved (the test frequencies for these options are contained in paragraphs 62-709.530(1)(b) and (c), F.A.C.):

1. Option 1 – at the time composted solid waste has completed the disinfection process:

a. Either the density of fecal coliform is less than 1000 Most Probable Number per gram total solids, or the density of Salmonella sp. bacteria is less than three Most Probable Number per four grams of total solids; and

b. One of the following process controls is achieved:

i. Maintain 55 degrees Celsius or higher for three consecutive days in a mechanical composter or in an aerated, insulated static pile; or

ii. Maintain 55 degrees Celsius or higher for 15 consecutive days in a windrow with at least five turnings of the windrow.

2. Option 2 – at the time material is ready to be used, or the pathogen reduction process has been competed:

a. Either the density of fecal coliform is less than 1000 Most Probable Number per gram total solids, or the density of Salmonella sp. bacteria is less than three Most Probable Number per four grams of total solids; and

b. The density of enteric viruses are less than one Plaque-forming Unit per four grams of total solids; and

c. The density of viable helminth ova is less than one per four grams of total solids.

(b) Temperature monitoring shall be at a depth of two feet into the pile. The temperature readings and the length of the composting period shall be recorded. These records shall be kept for at least three years and shall be made available for inspection by Department personnel.

(c) Any compost that cannot be used pursuant to the requirements of this chapter shall be reprocessed or disposed of pursuant to the requirements of Chapter 62-701, F.A.C.

(9) Permit fees for organic solid waste recycling facilities. Notwithstanding the provisions of paragraph 62-4.050(4)(j) and Rule 62-701.315, F.A.C., the following fees shall apply to permit applications associated with this chapter. The provisions of paragraphs 62-4.050(4)(o) through (v), F.A.C., continue to apply to such permits or applications. Fees for permit transfers and alternate procedures are established in Rule 62-701.315, F.A.C., and fees for permit modifications are established in subsection 62-701.320(4), F.A.C.

(a) Construction permits.

1. Manure or yard trash composting facility$ 2,000

2. Solid waste composting facility$ 5,000

(b) Operation permits.

1. Manure or yard trash composting facility$ 1,000

2. Solid waste composting facility$ 3,000

(c) Transfer of permit.$               50

(d) Registrations for yard trash processing facilities$               35

(e) Registration for composting of yard trash, vegetative wastes, animal byproducts or

manure or blending facilities$ _               35

(g) Permit for a solid waste organics recycling pilot projects$ __ 250

(h) Request for an alternate procedure to provisions in this rule$ __ 500

Rulemaking Specific Authority 403.061, 403.704, 403.7043 FS. Law Implemented 403.7043, 403.707 FS. History–11-21-89, Formerly 17-709.300, Amended 12-17-96, 10-22-00,________.

 

62-709.305 Exemptions.

The following activities do not require a permit or registration under this chapter provided no public nuisance or any condition adversely affecting the environment or public health is created and the activity does not violate other state or local laws, ordinances, rules, regulations, or orders.

(1) Backyard composting and the resulting compost.

(2) Normal farming operations. For purposes of this chapter, the following will be considered normal farming:

(a) Composting of wastes generated on the farm, as part of agronomic, horticultural or silvicultural operations, for use on the farm, as part of agronomic, horticultural or silvicultural operations;

(b) Composting of wastes generated on the farm, as part of agronomic, horticultural or silvicultural operations, for sale or use off the farm; although no permit is required, the generator must meet the requirements of Rules 62-709.530 through .600, F.A.C., for any compost that is sold for use by persons other than the generator;

(c) Composting of yard trash, manure, or vegetative wastes generated from off the farm, for use on the farm, as part of agronomic, horticultural or silvicultural operations;

(d) Composting of yard trash, manure, or vegetative wastes generated from off the farm, for sale or use off the farm; although no permit is required, the generator must meet the requirements of Rules 62-709.530 through .600, F.A.C., for any compost that is sold for use by persons other than the generator. For this exemption to apply, the yard trash, manure, or vegetative wastes brought to the farm must be necessary to optimize composting of the yard trash or manure generated on the farm, as part of agronomic, horticultural or silvicultural operations (e.g., bringing in yard trash as a source of carbon and pile structure) to optimize composting of manure generated on the farm). Yard trash, vegetative wastes, or manure which is brought to the farm solely to increase the amount of compost produced is not considered to be part of the agronomic, horticultural or silvicultural operations at the farm and is not covered by this exemption, except as provided for in subparagraph (e) below; and

(e) Manure management operations that are regulated under Chapter 62-670, F.A.C., as concentrated animal feeding operations (CAFO) or animal feeding operations (AFO). If the facility is permitted, this includes manure received from off-site as well as generated on-site when the facility permit addresses these waste streams.

(3) Composting of solid waste generated on-site or off-site, when there is no more than 100 cubic yards on site at any one time of solid waste to be composted or undergoing the composting process and finished compost being stored for use.

(4) Land application of processed yard trash for beneficial use is not considered disposal, and is not regulated under department solid waste regulations, providing the yard trash has been size-reduced so that it will pass through a 6-inch sieve.

(5) Land application of unprocessed yard trash or other use of yard trash, manure, or vegetative waste, if it is beneficial use that is not expected to pose a significant threat to public health or the environment. The following information could be submitted to the Department’s District office to help provide assurance that this activity is beneficial use:

(a) A description of the property, including street mailing address, property identification number used by the county property appraiser’s office, where on the property the land application will occur, and topography on which the material will be deposited. A map showing the location of the property and identifying water bodies, wetlands and wells to be avoided is also required. The property description must indicate any water bodies or wetlands to be avoided. The Department retains the authority to inspect this operation to assure that the waste is being properly managed.

(b) Documentation that the person either owns the land where the material will be deposited, or has legal authorization from the property owner to deposit the material there in the manner proposed.

(c) An explanation of the proposed project and why the person believes it qualifies for this exemption. The explanation should include a description of the benefit obtained from the project, any specifications or requirements for the incoming material, a description of any processing that will take place on-site before the material is used, and the amount of material required to complete the project. This should include the total amount and a per-acre application rate. The total amount and per-acre application rate shall be in tons or cubic yards. An estimated bulk density in pounds per cubic yards shall also be provided.

(d) An operation plan describing how the material will be received onto the site, how site access will be controlled, what equipment will be used to process or spread it, and how the material will be stored prior to use.

(e) A contingency plan explaining the procedures for dealing with emergencies such as a fire, natural disaster or equipment failure, or receipt of any unacceptable material.

(f) A description of how any vegetative waste or unstabilized manure will be processed within 48 hours.

(g) A demonstration that the proposed project is not expected to create any significant threat to public health or the environment.

Rulemaking Authority 403.061, 403.704, 403.7043 FS. Law Implemented 403.7043, 403.707 FS. History–New________.

 

62-709.320 General Provisions for Registrations Yard Trash Processing Facilities.

(1) Applicability.

(a) Owners or operators of yard trash processing facilities, facilities composting vegetative waste, animal byproducts or manure with or without yard trash, and manure blending operations that meet the criteria of this rule and Rules 62-709.330, or .350 shall register annually with the Department in accordance with subsection 62-709.320(3) 62-709.320(5), F.A.C., in lieu of obtaining a permit under subsection 62-709.300(2), F.A.C. However, if these criteria are not met then a solid waste management facility permit is required:

1. No change.

2. In accordance with subsection 62-709.300(3) Chapter 62-709, F.A.C., for composting or processing recycling operations, or Rule 62-709.460, F.A.C., for qualifying pilot projects. In this case, the provisions for composting facilities in this chapter shall apply to the recycling operations, including permitting, design and operating criteria, testing, recording and reporting.

(b) Owners or operators of solid waste yard trash processing facilities that meet the criteria of this rule and either Rule 62-709.330 or .350, F.A.C., are not subject to the requirements of Rules 62-709.500, 62-709.510 and 62-709.530, F.A.C., unless otherwise specified in this chapter. However, they are subject to the requirements in Rules 62-709.300, 62-709.550, and 62-709.600, F.A.C.

(c) Owners or operators of existing yard trash processing facilities shall register in accordance with subsection (5) of this rule by April 22, 2001, and comply with the remaining provisions of this rule by October 22, 2001. However, if If a yard trash processing facility is already authorized under another Department solid waste management facility permit, then facility registration under this rule is not required as long as that permit remains valid. However, an annual report must still be submitted.

(d) Registrations issued under this chapter are considered to be the equivalent of operation permits for purposes of any notice requirements of Chapter 403, F.S., or Rule 62-110.106, F.A.C.

(2) Definitions. The following terms as used in this rule, unless the context indicates otherwise, shall have the following meaning:

(a) “Clean wood” means wood, including lumber, tree and shrub trunks, branches, and limbs, which is free of paint, glue, filler, pentachlorophenol, creosote, tar, asphalt, other wood preservatives or treatments.

(b) “Yard trash” has the meaning given in Rule 62-701.200, F.A.C., and solely for purposes of this rule, it includes clean wood.

(c) “Yard trash processing facility” means a yard trash transfer station or a yard trash recycling facility, but does not include a facility used for the disposal of yard trash.

(d) “Yard trash recycling facility” means a facility at which yard trash is mulched, composted, or otherwise processed into useable materials, but does not include a facility used for the disposal of yard trash.

(e) “Yard trash transfer station” means a facility at which yard trash is stored or held for transport to a processing or disposal facility or for use at another site. It does not include green boxes, compactor units, permanent dumpsters, or other containers from which such wastes are transported to a landfill or other solid waste management facility.

(3) Prohibitions. Owners or operators of yard trash processing facilities shall comply with the prohibitions specified in paragraphs 62-701.300(1), (2)(a), (d), (e), (f), (h), and (3), F.A.C. In addition, the following apply to yard trash processing facilities, although it is the intent of the Department to repeal these paragraphs if and when Rule 62-701.300, F.A.C., is amended to address yard trash processing facilities.

(a) No yard trash or processed yard trash shall be placed within 100 feet of any existing or approved off-site potable water well unless this activity takes place at a facility for which a complete registration was filed or which was originally registered before the potable water well was in existence. This prohibition shall apply to lateral expansion of the registered facility.

(b) No yard trash or processed yard trash shall be placed within 200 feet of any existing or approved potable water well serving a community water system as defined in subsection 62-550.200(9), F.A.C., unless this activity takes place at a facility for which a complete registration was filed or which was originally registered before the potable water well was in existence. This prohibition shall apply to lateral expansion of the registered facility.

(c) No yard trash or processed yard trash shall be placed within 50 feet of any natural or artificial body of water. For purposes of this paragraph, a “body of water” includes wetlands within the jurisdiction of the Department, but does not include impoundments or conveyances that are part of a permitted stormwater management system, or water bodies contained completely within the property boundaries of the facility that do not discharge from the site to surface waters.

(2)(4) Design and operating requirements.

(a) The facility shall have the operational features and equipment necessary to maintain a clean and orderly operation. Unless otherwise specified in Rules 62-709.330 or. 350, F.A.C., these provisions shall include, including:

1. No change.

2. Dust and litter control methods; and

3. No change.

a. No change.

b. None of the processed or unprocessed material shall be mechanically compacted There shall be interior lanes at least 15 feet wide; and

c. None of the No part of the area that is occupied by processed or unprocessed material shall be more than 50 feet from access by motorized firefighting fire fighting equipment.

(b) The facility shall be operated in a manner to control disease vectors.

(c) The facility shall be operated in a manner, and to control objectionable odors in accordance with subsection 62-296.320(2), F.A.C.

(d) Any drains and leachate or condensate conveyances that have been installed shall be kept clean so that flow is not impeded.

(e)(c) Solid waste received at a registered facility must be processed timely as follows:

1. Any yard trash, including clean wood, received at the facility shall be sized reduced processed or removed within 6 months, or within the period required to receive 3,000 tons or 12,000 cubic yards, whichever which ever is greatest. To be considered processed, material must pass a 6-inch sieve. However, logs with a diameter of 6 inches or greater may be stored for up to 12 months before they are size-reduced processed or removed, provided the logs are separated and stored apart from other materials on site.

2. Any putrescible waste such as vegetative wastes, animal byproducts or manure received at a facility shall be processed and incorporated into the composting material, or removed from the facility, within 48 hours of receipt.

(d) Processed material shall be removed from the facility within 18 months. However, if a yard trash processing facility is authorized under another Department solid waste management facility permit, then the department shall authorize on-site storage of processed material for longer than 18 months if the owner or operator demonstrates that there is a quantifiable use for such material for cover, erosion control, closure, or other similar activities at that permitted facility.

(f)(e) If Only yard trash, and bags used to collect yard trash, shall be accepted at the facility. Any other material shall be containerized, with all putrescible material removed within 48 hours. Further, if any of the following materials are discovered, they shall be immediately containerized and removed from the facility: treated or untreated biomedical waste; hazardous waste; or any materials containing a polychlorinated biphenyl (PCB) concentration of 50 parts per million or greater.

(g) When a registered facility ceases operation, all residuals, solid waste, and recyclable materials shall be removed from the site and recycled, or disposed of pursuant to the requirements of Chapter 62-701, F.A.C. Any remaining processed material shall be used in accordance with the requirements of this rule or disposed of pursuant to the requirements of Chapter 62-701, F.A.C.

(3)(5) Registration. Owners or operators of solid waste yard trash processing facilities, that qualify for registration, shall register with the Department before beginning operation, unless they are operating under a solid waste management facility permit as specified in or in accordance with paragraph (1)(c) of this rule.

(a) Registration shall be submitted on Form 62-709.901(3), Application for Registration and Annual Report for a Yard Trash Transfer Station or Solid Waste Organics Recycling Facility, effective date XXX, 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 or from the Department web page at http://www.dep.state.fl.us/waste/quick_topics/forms/pages/62-709.htm 62-709.320(7)(a).

(b) The registrant shall provide the facility name, physical address where the facility is located, mailing address, street mailing address, contact name, email address and telephone number, and affirm that facility design and operations comply with the requirements of this rule and Rule 62-709.330 or .350, F.A.C. The registrant shall also provide documentation that the registrant either owns the land or has legal authorization from the landowner to operate a solid waste organics recycling yard trash processing facility on that site.

(c) Renewal applications for registrations pursuant to Rules 62-709.330, or .350, F.A.C., shall be submitted annually by July April 1.

(d) The application for registration shall include the annual report required in subsection (4)(6) of this rule. Owners and operators of solid waste organics recycling yard trash processing facilities that are submitting their first registration applications and have not begun operating during the applicable calendar year before beginning operations are not subject to this requirement of this paragraph.

(e) The processing fee for registration is $35. The fee shall be submitted with the registration application in accordance with the provisions of Rule 62-4.050, F.A.C.

(4)(6) Record keeping and reporting.

(a) Monthly records of incoming and outgoing materials shall be kept on site or at another location as indicated on the registration form for at least three years. The values may be in cubic yards or tonnage, but the same unit of measurement shall be used to record both incoming and outgoing materials. An annual report, based on the preceding calendar year, shall summarize the monthly records and shall be submitted by July 1 to the Department using Form 62-709.901(3), Application for Registration and Annual Report for a Yard Trash Transfer Station or Solid Waste Organics Recycling Facility, effective date XXX, 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 or from the Department web page at http://www.dep.state.fl.us/waste/quick_topics/forms/pages/62-709.htm 62-709.320(7)(b) with the application for registration. The initial annual report for existing facilities shall also include a current site inventory of materials.

(b) If temperature monitoring will be used to demonstrate that disinfection has been achieved or that vector attraction has been achieved, then these records shall be kept for at least three years. These records shall be made available upon request.

(7) Forms. The forms used by the Department in this rule are adopted and incorporated by reference in this subsection. The form is listed by rule number, which is also the form number, and with the subject, title and effective date. Copies of forms may be obtained from a local District Office or by writing to the Florida Department of Environmental Protection, Solid Waste Section, Mail Station 4565, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

(a) Form 62-709.320(7)(a): Application for Registration of a Yard Trash Processing Facility, effective 10-22-00.

(b) Form 62-709.320(7)(b): Annual Report for a Yard Trash Processing Facility, effective 10-22-00.

Rulemaking Specific Authority 403.061, 403.704, 403.7043 FS. Law Implemented 403.7043, 403.707 FS. History–New 10-22-00, Amended________.

 

62-709.330 Specific Criteria for Registration of Yard Trash Processing Facilities.

(1) A facility accepting only yard trash shall meet the criteria in this rule in addition to the provisions of Rule 62-709.320, F.A.C.

(2) Processed material shall be removed from the facility within 18 months. However, if a yard processing facility is authorized under another Department solid waste management facility permit, then the department shall authorize on-site storage of processed material for longer than 18 months if the owner or operator demonstrates that there is a quantifiable use for such material for cover, erosion control, closure, or other similar activities at that permitted facility.

(3) Only yard trash, and bags used to collect yard trash, shall be accepted at the yard trash processing facility. Any other material shall be containerized.

Rulemaking Authority 403.061, 403.704, 403.7043 FS. Law Implemented 403.7043, 403.707 FS. History–New .

 

62-709.350 Specific Criteria for Registration of Facilities Composting Vegetative Wastes, Animal Byproducts or Manure, or Blending Manure.

(1) A facility accepting and composting only vegetative wastes, animal byproducts or manure, with or without yard trash, or a facility accepting only manure and blending it with yard trash or soil, shall meet the criteria of this rule in addition to the provisions of Rule 62-709.320, F.A.C.

(2) The carbon:nitrogen ratio of the blended feedstocks shall be greater than 20.

(3) Vegetative waste, animal byproducts or manure shall not be stored or processed in piles that exceed 12 feet in height.

(4) Yard trash processing facilities that also compost or blend and are registered in accordance with this section are not required to obtain a separate registration for the yard trash processing operation.

(5) All material accepted by the facility shall be removed within 18 months. However, if a facility is authorized under another Department solid waste management facility permit, then the department shall authorize on-site storage of compost or blended manure for longer than 18 months if the owner or operator demonstrates that there is a quantifiable use for such material for cover, erosion control, closure, or other similar activities at that permitted facility.

(6) The compost produced, or the manure blended with yard trash or soil, must be disinfected using one of the options in subsection 62-709.300(8)(a), F.A.C. However, demonstration that disinfection has been achieved is not required if the compost was made from pre-consumer vegetative waste, with or without yard trash.

(7) Operation features of a composting or manure blending facility for vector attraction reduction controls shall include one of the following:

(a) The material shall be composted for at least 14 days, during which time the temperature of the material being composted shall not be lower than 40 degrees Celsius and the average temperature of the material being composted shall be higher than 45 degrees Celsius; or

(b) The specific oxygen uptake rate (SOUR) for material being composted or blended shall be equal to or less than 1.5 milligrams of oxygen per hour per gram of total solids (dry weight basis) at a temperature of 20 degrees Celsius.

Rulemaking Authority 403.061, 403.704, 403.7043 FS. Law Implemented 403.7043, 403.707 FS. History–New________.

 

62-709.460 Special Permitting Criteria for Solid Waste Organics Recycling Pilot Projects.

(1) Applicability.

(a) A person wishing to conduct a solid waste organics recycling pilot project shall operate only under a permit issued in accordance with this rule. Pilot projects may include a research project that does not qualify for the permit provision in Section 403.70715, F.S., or an organics recycling project that is not limited to composting. Pilot projects that qualify for this permit are those that:

1. Do not qualify for registration under this chapter;

2. Will initially operate for no more than 18 months, with the option to extend the project for an additional 18 months; and

3. Will accept no more than 10,000 cubic yards of project feedstock.

(b) If a facility is already authorized under another Department permit that addresses the project, then a permit under this rule is not required as long as that permit remains valid.

(c) Pilot projects that meet the criteria of this rule are not subject to the requirements of Rules 62-709.500, 62-709.510 and 62-709.530, F.A.C., unless otherwise specified in this rule. However, such projects are subject to the requirements in Rules 62-709.300, 62-709.550, and 62-709.600, F.A.C.

(2) The prohibitions in subsection 62-709.300(7), F.A.C., apply to solid waste organics recycling pilot projects. However, because these projects use smaller quantities of feedstock for a minimal duration, the following setbacks apply in lieu of the setbacks in subsection 62-709.300(7), F.A.C.:

(a) No material or processed material shall be placed within 250 feet of any existing or approved off-site potable water well.

(b) No material or processed material shall be placed within 100 feet of any natural or artificial body of water. For purposes of this paragraph, a “body of water” includes wetlands within the jurisdiction of the Department, but does not include impoundments or conveyances that are part of a permitted stormwater management system, or water bodies contained completely within the property boundaries of the facility that do not discharge from the site to surface waters.

(3) Design and operating requirements.

(a) The facility shall have the operational features and equipment necessary to maintain a clean and orderly operation including:

1. An effective barrier to prevent unauthorized entry and dumping into the facility site;

2. Dust and litter control methods; and

3. Fire protection and control provisions to deal with accidental burning of solid waste.

a. There shall be an all-weather access road, at least 20 feet wide, all around the perimeter of the site.

b. None of the processed or unprocessed material shall be more than 50 feet from access by motorized firefighting equipment.

(b) The facility shall be operated in a manner to control vectors.

(c) The facility shall be operated in a manner to control objectionable odors in accordance with subsection 62-296.320(2), F.A.C.

(d) Any drains and leachate or condensate conveyances that have been installed shall be kept clean so that flow is not impeded.

(e) If any of the following materials are discovered, they shall be immediately containerized and removed from the facility: treated or untreated biomedical waste; hazardous waste; or any materials containing a polychlorinated biphenyl (PCB) concentration of 50 parts per million or greater.

(f) When a solid waste organics recycling pilot project ceases operation, all residuals, solid waste, and recyclable materials shall be removed from the site and recycled or disposed of pursuant to the requirements of Chapter 62-701, F.A.C. Any remaining processed material shall be used in accordance with the requirements of this chapter or disposed of pursuant to the requirements of Chapter 62-701, F.A.C.

(4) A permit application for a pilot project shall be submitted on Form 62-709.901(4), Permit Application for a Solid Waste Organics Recycling Pilot Project, 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 or from the Department web page at http://www.dep.state.fl.us/waste/quick_topics/forms/pages/62-709.htm. The application shall include the following:

(a) The facility name, physical address where the facility is located, mailing address, street mailing address, contact name and telephone number, contact email address, and affirmation that facility design and operations comply with the requirements of this rule;

(b) Documentation that the registrant either owns the land or has legal authorization from the landowner to operate a pilot project on that site;

(c) A description of what the project is designed to do;

(d) The materials that will be processed;

(e) The length of time needed to complete the project;

(f) The methods to be used to control odor and vectors;

(g) The methods to be used to disinfect the solid waste processed, and the option specified in paragraph 62-709.300(7)(a), F.A.C., that will be used to demonstrate that disinfection has been achieved;

(h) A description of how stormwater will be controlled;

(i) The operating parameters to be followed for managing the process, such as temperature monitoring;

(j) A description of how the facility will be closed; and

(k) For a renewal application, a progress report as specified in subsection (6) of this section.

(5) Operation features of the facility for vector attraction reduction controls shall include one of the following:

(a) If this is a composting project, then the material shall be composted for at least 14 days, during which time the temperature of the wastes shall not be lower than 40 degrees Celsius and the average temperature of the waste shall be higher than 45 degrees Celsius; or

(b) The specific oxygen uptake rate (SOUR) for wastes being processed shall be equal to or less than 1.5 milligrams of oxygen per hour per gram of total solids (dry weight basis) at a temperature of 20 degrees Celsius.

(6) A progress report shall be submitted within 9 months of permit issuance, and at the time a permit renewal application is submitted. The report shall include:

(a) A description of the issues that arose during the project and how they were resolved;

(b) A summary and copies of any test results;

(c) For progress reports submitted as part of a permit renewal application, a summary of the monthly records required in subsection (9) of this section; and

(d) A current site inventory of materials.

(7) Renewal applications to operate the pilot project for up to an additional 18 months shall be submitted at least ninety (90) days before the permit expires.

(8) A final report shall be submitted within 60 days after permit expiration. The report shall include:

(a) A description of how the project goals were met or, if not met, how close the project was to meeting those goals and why they were not met;

(b) A description of the conclusions that were reached and any cost benefit analyses that were performed;

(c) A summary and copies of any test results;

(d) A summary of the monthly records required in subsection (9) of this section; and

(e) A current site inventory of materials.

(9) Record keeping and reporting.

(a) Monthly records of incoming and outgoing materials shall be kept on site or at another location as indicated on the permit application form for at least the duration of the project, or until all material has been removed from the facility site, whichever is greatest. The values may be in cubic yards or tonnage, but the same unit of measurement shall be used to record both incoming and outgoing material. The recorded information shall be summarized and submitted to the Department with any permit renewal application and at project completion.

(b) Records shall be kept for any temperature monitoring performed and for any demonstration that disinfection has been achieved for at least the duration of the project, or until all material has been removed from the facility site, whichever is greatest. These records shall be made available to the Department upon request, and shall be summarized in the progress and final reports.

Rulemaking Authority 403.061, 403.704, 0403.7043 FS. Law Implemented 403.7043, 403.707 FS. History–New_______.

 

62-709.500 Design Criteria for Permitted Facilities.

(1) through (7) No change.

Rulemaking Specific Authority 403.061, 403.704, 403.7043 FS. Laws Implemented 403.7043, 403.707 FS. History–New11-21-89, Formerly 17-709.500, Amended 10-22-00.

 

62-709.510 Operation Criteria for Permitted Facilities.

(1) through (4) No change.

Rulemaking Specific Authority 403.061, 403.704, 403.7043, FS. Laws Implemented 403.7043, FS. History–New 11-21-89, Formerly 17-709.510, Amended 10-22-00.

 

62-709.530 Testing, Recording and Reporting Requirements.

(1) The compost product shall be sampled and analyzed as follows.

(a) A composite sample of the compost produced at each composting facility shall be analyzed at intervals of every 20,000 tons of compost produced or every three months, whichever comes first, for percent moisture, percent reduction in organic matter, percent organic matter, and pH.:

ParameterUnitMethod

Moisture%EPA 160.3

Total Nitrogen% dry weightEPA 351 and 353

Total Phosphorus% dry weightEPA 365

Total Potassium% dry weightEPA 3050/7610

Reduction in Organic Matter%EPA 160.4

Organic Matter%EPA 160.4

pHstandard unitsEPA 9045

(b) In addition to paragraph (a) above, when demonstration that a material has been disinfected is required in accordance with paragraph 62-709.300(8)(a), the material shall be analyzed for one of the following at intervals of every 20,000 tons of material produced or every three months, whichever comes first:

1. Fecal Coliform, most probable number per gram of total solids (dry weight basis); or

2. Salmonella sp. Bacteria, most probable number per four grams of total solids (dry weight basis).

(c) In addition to (b) above, when the provisions of subparagraph 62-709.300(8)(a)2., F.A.C., will be used, the material shall be analyzed for the following at intervals of every 20,000 tons of material produced or every three months, whichever comes first:

1. Enteric viruses, plaque-forming unit per four grams of total solids (dry weight basis); and

2. Helminth ova, ova per four grams of total solids (dry weight basis).

(d) Compost produced by persons for their own use, where the compost is made from yard trash, vegetative wastes or manure, is not required to be sampled and analyzed as specified in paragraphs (a) through (c) above.

(e)(c) In addition to (a) through (c) above, compost made from solid waste, other than only yard trash, vegetative wastes, animal byproducts, or manure shall be analyzed at intervals of every 20,000 tons of compost produced or every three months, whichever comes first, for:

1. Percent foreign matter; and

2. Total cadmium, copper, lead, nickel, and zinc, all in mg/kg dry weight.

ParameterUnitMethod

Foreign Matter%see (f) below

Cadmiummg/kg dry weightEPA 3050/7130

Coppermg/kg dry weightEPA 3050/7210

Leadmg/kg dry weightEPA 3050/7420

Nickelmg/kg dry weightEPA 3050/7520

Zincmg/kg dry weightEPA 3050/7950

Fecal Coliformmost probable number

(MPN)

per gram of volatile

suspended

solids (VSS)SM 908

(f)(d) No change.

(g)(e) All sampling and analysis activities shall be performed in accordance with Chapter 62-160, F.A.C. Sample collection, preservation, and analysis shall assure valid and representative results pursuant to a Department-approved quality assurance plan. Composite samples shall consist of at least three individual samples of equal volume taken from separate areas along the side of the pile of the compost produced. Each sampling point shall be at a depth of two feet into the pile from the outside surface of the pile. U.S. Environmental Protection Agency (EPA) Methods 160.3, 160.4, 351, 353 and 365 are contained in Methods for Chemical Analysis of Water and Waste, 1979; EPA Methods 160.3, 160.4, 351, 353 and 365 are contained in Methods for Chemical Analysis of Water and Waste, 1979; EPA Methods 3050, 7130, 7210, 7420, 7520, 7610, 7950 and 9045 are contained in Test Methods for Evaluating Solid Waste, Physical/Chemical Methods (EPA SW-846), 3rd Edition, September 1986, updated December 1987; Standard Method (SM) 908 is contained in Standard Methods for the Examination of Water and Wastewater, 16th Edition, 1985. Sampling shall be performed in accordance with guidance contained in Chapter 9 of EPA SW-846 and Section 4.0 of Engineering Support Branch Standard Operating Procedures and Quality Assurance Manual, EPA Region IV, April 1, 1986. Analytical results shall be submitted to the appropriate District office within 30 days of sample collection.

(h)(f) Foreign matter content shall be determined by passing a dried, weighed sample of the compost product through a one-quarter inch or six millimeter screen. EPA Method 160.3 shall be used to dry the sample. The material remaining on the screen shall be visually inspected, and the foreign matter that can be clearly identified shall be separated and weighed. The weight of the separated foreign matter divided by the weight of the total sample multiplied by 100 shall be the % dry weight of the foreign matter content.

(g) The organic matter is determined by measuring the volatile solids content using EPA method 160.4.

(i)(h) No change.

(2) No change.

(3) Owners and operators of facilities producing compost made from solid waste shall submit to the Department an annual report by June 1. The report shall be submitted on Form 62-709.901(2), Annual Report for a Solid Waste Management Facility Producing Compost Made from Solid Waste, effective date XXX, 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 or from the Department web page at http://www.dep.state.fl.us/waste/quick_topics/forms/pages/62-709.htm. The report 62-701.900(11), and shall include:

(a) through (f) No change.

Rulemaking Specific Authority 403.061, 403.704, 403.7043 FS. Law Implemented 403.7043 FS. History–New 11-21-89, Formerly 17-709.530, Amended 10-22-00,________.

 

62-709.550 Classification of Compost.

(1) Compost shall be classified based on the type of waste processed, product maturity, the amount of foreign matter in the product, the particle size and organic matter content of the product, and the concentration of heavy metals as specified in the following sections. The following characteristics shall be used:

(a) Type of waste processed.

1. No change.

2. Manure, or yard trash or vegetative waste with manure.

3. Solid waste, other than only yard trash, vegetative waste, or manure. This includes composts made from the addition of any animal byproducts.

(b) through (e) No change.

(2) Compost shall be classified as follows.

(a) No change.

(b) Type YM is compost made from only vegetative waste, animal byproducts or manure, with or without or yard trash, with manure which is mature or semi-mature and is fine, medium or coarse. For such compost, a foreign matter content of less than 2% and a metal concentration equivalent to code 1 is assumed.

(c) Type A is compost made from solid waste, other than only yard trash, vegetative waste, animal byproducts or and manure, which is mature and is fine. The foreign matter content shall be less than or equal to 2% and the metal concentration shall fall under code 1. Further, it shall contain no foreign matter, such as glass or metal shards, of a size and shape that can cause injury.

(d) Type B is compost made from solid waste, other than only yard trash, vegetative waste, animal byproducts or manure, which is mature or semi-mature and is fine or medium. The foreign matter content shall be less than or equal to 4%,and the metal concentration shall fall under codes 1 or 2. Further, it shall contain no foreign matter, such as glass or metal shards, of a size and shape that can cause injury.

(e) Type C is compost made from solid waste, other than only yard trash, vegetative waste, animal byproducts or manure, which is mature or semi-mature and is fine, medium or coarse. The foreign matter content shall be less than or equal to 10% and the metal concentration shall fall under codes 1, 2 or 3.

(f) Type D is compost made from solid waste, or from only yard trash, vegetative waste, animal byproducts or manure, which is fresh and is fine, medium or coarse. It shall have a foreign matter content of less than or equal to 10% and the metal concentration shall fall under codes 1, 2 or 3. Foreign matter content and metal concentration is assumed for fresh compost made from only yard trash, vegetative waste, animal byproducts or manure.

(g) Type E is compost made from solid waste, other than only yard trash, vegetative waste, animal byproducts or manure, which has a metal concentration that falls under code 4.

(3) Compost maturity shall be determined as follows.

(a) No change.

Rulemaking Specific Authority 403.061, 403.704, 403.7043 FS. Law Implemented 403.7043 FS. History–New 11-21-89, Formerly 17-709.550, Amended________.

 

62-709.901 Forms.

The forms used by the Department in this rule are adopted and incorporated by reference in this subsection. The form is listed by rule number, which is also the form number, and with the subject, title and effective date. Copies of forms may be obtained from a local District Office or by writing to the Florida Department of Environmental Protection, Solid Waste Section, Mail Station 4565, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

(1) Application for a Permit to Construct/Operate a Solid Waste Management Facility for the Production of Compost, effective_____.

(2) Annual Report for a Solid Waste Management Facility Producing Compost Made from Solid Waste, effective_____.

(3) Application for Registration and Annual Report for a Yard Trash Transfer Station or Solid Waste Organics Recycling Facility, effective_____.

(4) Permit Application for a Solid Waste Organics Recycling Pilot Project, effective_____.

Rulemaking Authority 120.53(1), 403.704 FS. Law Implemented 120.53(1), 403.7043 FS. History–New________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Mary Jean Yon, Director, Division of Waste Management

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Michael W. Sole, Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 26, 2009

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: September 18, 2009