The Department proposes to amend Chapter 62-716, Florida Administrative Code, which contains regulations for solid waste grants and annual reports from counties to the Department. In 2010, the Legislature modified annual county solid waste ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NOS.:RULE TITLES:

62-716.300:General Grant Application Requirements

62-716.310:Disbursement of Funds

62-716.450:Solid Waste Annual Reports

62-716.500:Specific Small County Grant Application Requirements

62-716.600:Specific Waste Tire Grant Application Requirements

62-716.900:Forms

PURPOSE AND EFFECT: The Department proposes to amend Chapter 62-716, Florida Administrative Code, which contains regulations for solid waste grants and annual reports from counties to the Department. In 2010, the Legislature modified annual county solid waste management and recycling reporting requirements. The Legislature also directed the Department to adopt rules establishing the method and criteria to be used by counties in calculating their recycling rates. This chapter is being amended to address both the modified reporting requirements and the calculation of county recycling rates. Additionally, the 2010 Legislature required public sector entities (such as schools, state and local government agencies) to annually report to counties how much material they recycle using the Department's designated reporting format. The Legislature also encouraged, but did not require, private businesses to annually report to counties how much material they recycle using the Department's designated reporting format. This chapter is being amended to include the reporting formats for both the public sector and the private businesses. Finally, the 2010 Legislature created a voluntary certification program for materials recovery facilities. The chapter is being amended to include the qualifications for certification and the application form for certification.

SUMMARY: A new form is created for counties to use in submitting their annual solid waste reports. Previously this report was included with grant application forms, which no longer exist. Two new forms are created for public entities and private businesses to use in submitting their annual recycling reports. A new form is created for owners or operators of materials recovery facilities to use in applying for a voluntary certification program, and criteria are established for such certifications. Methods and criteria for counties to use in calculating their recycling rates are established. Forms for small county consolidated grant applications and waste tire grant applications are being updated.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The proposed changes create forms to implement provisions established in statute; make clerical or technical changes; and establish the methods and criteria that counties will use to calculate recycling rates. There are no costs associated with any of the proposed changes.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 120.55, 403.061, 403.704, 403.7095 FS.

LAW IMPLEMENTED: 120.55, 403.7032, 403.706, 403.7095 FS.

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

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

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

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Ron Henricks, Department of Environmental Protection, MS 4555, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, telephone [phone] or email at [e-mail]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Ron Henricks, Department of Environmental Protection, MS 4555, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, telephone [phone] or email at [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

CHAPTER 62-716

SOLID WASTE GRANTS, ANNUAL REPORTS, AND RECYCLING PROGRAM

 

62-716.300 General Grant Application Requirements

(1) No change.

(2) Applications received from local governments that which have not returned to the Department any unexpended or unaccounted-for funds from prior year solid waste grants shall be rejected by the Department. Applications from local governments that which have not met their obligations under the terms of any previous grant agreements for funds under this Chapter rule shall also be rejected by the Department.

Rulemaking Specific Authority 403.704, 403.7095, FS. Laws Implemented 403.706, 403.7095, FS. History - New 5-16-89, Formerly 17-716.300, Amended 11-16-94, [eff. date].

 

62-716.310 Disbursement of Funds.

(1) No change.

(2) The grant agreement will be forwarded to the applicant to be signed by a local government representative or other eligible applicant and submitted to the Department.

(3) No change.

(4) The Department has the right to terminate a grant award and demand refund of grant funds for non-compliance with the terms of the award or these rules resulting in the Department declaring the grantee local government ineligible for further participation in the program until the grantee local government complies with the terms of the grant award.

Rulemaking Specific Authority 403.704, 403.7095, FS. Laws Implemented 403.706, 403.7095, FS. History - New 5-16-89, Amended 7-14-91, Formerly 17-716.310, Amended 11-16-94, [eff. date].

 

62-716.450 Solid Waste Annual Reports.

By April 1 of each year, beginning in 2013, October 1, 1989, and each year thereafter, each county shall submit a report to the Department concerning its annual solid waste management program and recycling activities. This report shall be submitted electronically or on paper on Form 62-716.900(4), and shall include the information required by Section 403.706(7), F.S. Form 62-716.900(4), County Annual Report, effective [eff. date], is hereby adopted and incorporated by reference. Copies of this form are available on the internet at http://www.dep.state.fl.us/waste/quick_topics/forms/pages/62-716.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. A county which has submitted a recycling and education grant application which meets all the requirements of Rule Section 62-716.410(2), F.A.C., shall not be required to submit an annual report. The annual report by the county shall include:

(1) A description of the public education program on recycling;

(2) The amount and type of solid waste disposed of at solid waste disposal facilities, including yard trash, white goods, construction and demolition debris, tires, and unseparated solid waste;

(3) The amount and type of materials from the solid waste stream that were recycled;

(4) The estimated percentage of the population participating in various types of recycling activities instituted;

(5) The percent reduction of municipal solid waste disposed of at solid waste disposal facilities in the previous year;

(6) A description of the recycling activities attempted, their success rates, the perceived reasons for failure or success, and the public and private sector recycling activities which are ongoing and most successful; and

(7) A description of any recycling activities implemented or existing prior to July 1, 1989.

Rulemaking Specific Authority 403.704, 403.7095, FS. Laws Implemented 403.706, 403.7095, FS. History - New 5-16-89, Formerly 17-716.450, Amended [eff. date].

 

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) Section 403.7032(3), F.S., encourages certain private businesses to annually report the amount of materials they recycle to the county using the Department’s designated reporting format. That designated format is Form 62-716.900(6), Annual Voluntary Recycling Recognition Form, 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 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.

(3) In accordance with Section 403.7032, F.S., Florida’s long-term goal for recycling efforts is to recycle at least 75 percent of the municipal solid waste that would otherwise be disposed. As part of the Department’s comprehensive recycling program that is designed to achieve this goal, it is important for the Department to provide statewide recognition of successful recycling efforts by schools, businesses, public groups, and private citizens. In order to be considered for such recognition, those entities must complete Form 62-716.900(6), Annual Voluntary Recycling Recognition Form, as discussed in subsection (2) above.

Rulemaking Authority 403.704, FS. Laws 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 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 on the internet 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; 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.

Rulemaking Authority 403.704, FS. Laws Implemented 403.7032, 403.706, FS. History – New [eff. date].

 

62-716.480 Methods and Criteria for Calculating County Recycling Rates

(1) Section 403.7032, F.S., establishes a statewide goal to recycle at least 75 percent of municipal solid waste by the year 2020. Section 403.706, F.S., establishes interim recycling goals for counties, and requires the Department to adopt rules establishing the method and criteria to be used by counties in calculating their recycling rates. This rule section is intended to implement this statutory requirement.

(2) Methods.

(a) In order to calculate its annual recycling rate, a county shall use the following formula: total amount of municipal solid waste generated within its boundaries that is recycled, divided by the total amount of municipal solid waste generated within its boundaries that is recycled, land disposed, or combusted.

(b) Per Section 403.706(4)(a), F.S., each megawatt-hour produced by a renewable energy facility using solid waste as a fuel shall count as 1 ton of recycled material. If a county creating renewable energy from solid waste implements and maintains a program to recycle at least 50 percent of municipal solid waste by means other than creating renewable energy, that county shall count 1.25 tons of recycled materials for each megawatt-hour produced. If waste originates from a county other than the county in which the renewable energy facility resides, the originating county shall receive such recycling credit. The above calculations apply equally to facilities producing renewable energy from either waste-to-energy or landfill gas.

(c) Any byproduct resulting from the creation of renewable energy that is recycled shall count towards the county recycling goals in accordance with the methods and criteria developed in this section.

(d) For Class I landfills that collect and beneficially use landfill gas and accept yard trash, if the landfill gas is used to generate electricity, the recycled materials credit for the yard trash component is included in the recycled materials credit calculation for all solid waste in (b) above. For other beneficial uses of landfill gas in Class I landfills, the recycled materials credit attributable for yard trash is determined by the following process:

1. Determine the fraction of the municipal solid waste that was disposed in the landfill which was attributable to yard trash, after subtracting any amounts of yard trash that were used for landfill cover or other uses that have already received recycling credit.

2. Determine the megawatt-hours equivalent of the landfill gas beneficial use which was attributable to yard trash. Unless the owner or operator demonstrates that a different conversion rate is more accurate for site-specific conditions, for the purposes of this section, 1,000,000 cubic feet of landfill gas will be considered equivalent to 150 megawatt-hours of electricity.

3. Multiply item 1 above by item 2 above to determine the equivalent electricity generation that would have been attributable to landfill gas derived from yard-trash. Each megawatt-hour equivalent derived from yard trash will count as one ton of recycled material.

4. For example, assume that a landfill receives 1,000 tons of municipal solid waste in a year, of which 200 tons is yard trash. 50 tons of this yard trash was used as cover material and separately receives recycling credit for this use, so 150 tons of yard trash counts toward the production of landfill gas. This landfill produces 1,000,000 cubic feet of natural gas in a year. Thus, the landfill produces the equivalent of 150 megawatt-hours, for which 15% of the waste stream is yard trash, so the landfill would get credit for recycling the equivalent of 22.5 megawatt-hours or 22.5 tons of yard trash associated municipal solid waste.

(e). Each ton of municipal solid waste used as daily, intermediate, or final cover in solid waste disposal facilities in accordance with the permit conditions for such facilities shall count as one ton of recycled material. This recycled materials credit shall be limited to the amount required for the particular category of cover on a given facility. Material used in excess of this amount shall be counted as waste disposed. If recycling credit is being claimed for the use of municipal solid waste in landfill cover, any landfill gas renewable energy recycling credit shall be reduced by the ratio of municipal solid waste used as landfill cover (in tons) divided by total municipal solid waste disposed in that landfill.

(3) Criteria.

(a) Municipal solid waste includes only that waste that is, or if not otherwise recycled, may normally be collected through a public or private solid waste management service. Such services can include garbage collection services, recycling collection services, and remediation services. All construction and demolition debris shall be considered municipal solid waste for the purposes of this section. Automobiles, including scrap metal or shredder residue, are not considered municipal solid waste. Asphalt or other byproducts from road building or maintenance that are directly reused as part of an associated works project are also not considered municipal solid waste;

(b) Municipal solid waste does not include solid waste from industrial, mining, or agricultural operations, even if that waste is collected by a public or private solid waste management service. However, office and cafeteria waste from these facilities is considered municipal solid waste.

(c) Recycling includes any process by which municipal solid waste is reused or returned to use in the form of raw materials or products. Raw materials or products may include fuels or

fuel substitutes. For example, the use of waste tires as fuel, or the production of biofuels made from municipal solid waste, would be considered recycling for the purpose of calculating county recycling rates. However, the amount of recycled materials credit that may be claimed for the production of certain fuel products made solely from wood or paper wastes is limited in accordance with Section 403.706(4)(b), F.S. Incineration for purposes of disposal shall not be considered recycling except as may otherwise be provided in this Chapter.

(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 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. Laws Implemented 403.7032, 403.706, 403.708, FS. History – New [eff. date].

 

62-716.500 Specific Small County Consolidated Grant Application Requirements.

(1) All counties with a total population of fewer than 100,000 50,000 are eligible for annual consolidated grants of $50,000, pursuant to Section 403.7095(1 7), F.S.

(2) By June 1 of each year, tThe Department shall provide each eligible county with application Form 62-716.900(2), Small County Consolidated Solid Waste Grant Application, effective [eff. date], hereby adopted and incorporated by reference. Copies of this form are available on the internet at http://www.dep.state.fl.us/waste/quick_topics/forms/pages/62-716.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. by June 1 , 1989, and each year thereafter through 1996.

(3) No later than August 1 of each year, each eligible county applying for a grant shall submit electronically or on paper a complete application to the Department for approval a complete application.

(4) Consolidated grants may be used for general solid waste management, litter prevention and control, waste tire collection and disposal, and recycling and education programs.

Rulemaking Specific Authority 403.704, 403.7095, FS. Laws Implemented 403.7095, FS. History - New 5-16-89, Formerly 17-716.500, Amended 11-16-94, [eff. date].

 

62-716.600 Specific Waste Tire Grant Application Requirements.

(1) The Department shall provide each county with an application Form 62-716.900(3) by May 1 of each year.

( 2) By June 1 of each year, cCompleted applications for the second year grant program shall be submitted to the Department for approval on Form 62-716.900(3),Waste Tire Grant Application, effective [eff. date], hereby adopted and incorporated by reference. Copies of this form are available on the internet at http://www.dep.state.fl.us/waste/quick_topics/forms/pages/62-716.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 July 1 , 1991, and each year thereafter.

Rulemaking Specific Authority 403.704, 403.7095, 403.719, FS. Laws Implemented 403.7095, 403.716, FS. History - New 5-16-89, Amended 7-14-91, Formerly 17-716.600, Amended 11-16-94, [eff. date].

 

62-716.900 Forms. The forms and instructions used by the Department in the Recycling Grant Program are adopted and incorporated by reference elsewhere in this chapter. These forms may be submitted electronically, including using electronic systems where established by the Department, or on paper. The following list of forms is provided solely for convenience in this section. Copies of these forms are available on the internet 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. The forms are listed by rule number, which is also the form number, and with the subject title. Copies of forms may be obtained by writing to the Administrator, Solid Waste Section, Bureau of Solid and Hazardous Waste, Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

(1) Application for Voluntary Materials Recovery Facility Certification Solid Waste Recycling and Education Grant Application, effective________ 11-16-94.

(2) Small County Consolidated Solid Waste Grant Application, effective [eff. date] 11-16-94.

(3) Waste Tire Grant Application, effective [eff. date] 2-20-96.

(4) County Annual Report, effective [eff. date] Litter Control and Prevention Grant application, effective 11-16-94.

(5) Annual Recycling Report from Public Sector Entities to Counties, effective [eff. date] Small County Landfill Closure Grant Application, effective 11-16-94.

(6) Annual Voluntary Recycling Recognition Form [eff. date] Small County Landfill Closure Reimbursement Grant Application, effective 2-20-96.

Rulemaking Specific Authority 120.55 120.53(1), 403.061, 403.704, FS. Laws Implemented 120.53(1), 120.55, 403.0875, 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].

 

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

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

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

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