The purpose and effect of the proposed rule development is to add a new rule to Chapter 62-701, F.A.C., in order to adopt procedures in Rule 62-701.805, F.A.C., by which the Department of Environmental Protection will issue ....  

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    DEPARTMENT OF ENVIRONMENTAL PROTECTION

    RULE NOS.:RULE TITLES:

    62-701.220General Applicability

    62-701.310Approval of Alternate Procedures and Requirements

    62-701.805Coal Combustion Residuals Facility Permitting Requirements and Procedures

    62-701.900Forms

    PURPOSE AND EFFECT: The purpose and effect of the proposed rule development is to add a new rule to Chapter 62-701, F.A.C., in order to adopt procedures in Rule 62-701.805, F.A.C., by which the Department of Environmental Protection will issue Coal Combustion Residuals (CCR) Permits to facilities in Florida that are currently required to comply with the requirements in 40 CFR Part 257.50 through 257.107, which will be adopted separately through the Fast Track rulemaking process under s. 403.8055, F.S., as Rule 62-701.804, F.A.C.

    SUMMARY: This proposed rule will specify the requirements of a State CCR Permitting Program for CCR landfills and CCR surface impoundments. Federal rule 40 CFR Part 257 became effective on April 19, 2015, and CCR facilities in Florida have been required to complete applicable federal requirements since that time, along with compliance with separate state specific requirements in Chapter 62-701, F.A.C. Adoption of these rules and adopting by reference parts of 40 CFR Part 257 through the Fast Track process for Rule 62-701.804, F.A.C., will provide CCR facilities in Florida one set of rules to comply with resulting in a more streamlined permitting process.

    OTHER RULES INCORPORATING THIS RULE: 62-110.104, 62-113.200, 62-704.400, 62-704.410, 62-709.300, 62-709.530, 62-710.401, 62-710.800, 62-711.500, 62-711.520, 62-711.530, 62-711.550, 62-711.801, 62-713.220, 62-713.300, 62-713.400, 62-713.600, 62-716.470, 62-722.400, 62-737.840, FS. EFFECT ON THOSE OTHER RULES: Amendments to Chapter 62-701, F.A.C., in this Notice of Proposed Rule are not expected to have any significant impact on other rules incorporating this rule.

    SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

    The Agency has determined that this will 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 been prepared by the Agency.

    This rule will not impact small businesses, however, the proposed rule will specify the requirements of a State CCR Permitting Program and is expected to result in only a minor increase in regulation for facilities that currently are required to manage CCR materials.

    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: This rule will not require legislative ratification based on the SERC. The proposed rule will specify the requirements of a State CCR Permitting Program and is expected to result in only a minor increase in regulation for facilities that currently are required to manage CCR materials.

    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: 403.061, 403.0877, 403.704, 403.707, 403.7125, FS.

    LAW IMPLEMENTED: 403.061, 403.0877, 403.702, 403.703, 403.704, 403.705, 403.706, 403.707, 403.708, 403.709, 403.710, 403.711, 403.712, 403.713, 403.714, 403.715, 403.716, 403.717, 403.7125, FS.

    A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

    DATE AND TIME: July 30, 2021, 9:00 a.m. until no later than 12:00 p.m.

    PLACE: Florida DEP Marjory Stoneman Douglas Building, 3900 Commonwealth Blvd., First Floor Conference Room A, Tallahassee, Florida. To attend virtually see https://floridadep.gov/waste/permitting-compliance-assistance/content/chapter-62-701-fac-rulemaking for Microsoft Teams meeting details. Audio only (850)629-7330; Phone Conference ID: 899 434 737#.

    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: Kim Curran, Department of Environmental Protection, 2600 Blair Stone Rd., Tallahassee, FL 32399. Kimberley.Curran@FloridaDEP.gov or (850)245-8849. 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: Kim Walker, Program Administrator, Department of Environmental Protection, 2600 Blair Stone Rd., Tallahassee, FL 32399. Kim.Walker@FloridaDEP.gov or (850)245-8934.

     

    THE FULL TEXT OF THE PROPOSED RULE IS:

    62-701.220 General Applicability.

    (1) No change.

    (2) This chapter applies to all solid waste and each solid waste management facility in this state, including Coal Combustion Residual (CCR) landfills and Coal Combustion Residual Surface Impoundments, with the following exceptions:

    (a) through (h) No change.

    (3) No change.

    (4) In accordance with former Rrule 62-701.720, F.A.C., several persons or organizations requested approval of alternate requirements for certain industrial operations. Written determinations made by the Department prior to December 23, 1996, in response to such requests remain in effect even though Rrule 62-701.720, F.A.C., has been repealed, until and unless the Department takes action to modify such determinations through rulemaking. This subsection shall not apply to Coal Combustion Residual landfills and Coal Combustion Residual Surface Impoundments subject to the provisions of Rules 62-701.804, and 62-701.805, F.A.C.

    (5) through (7) No change.

    Rulemaking Authority 403.061, 403.704 FS. Law Implemented 403.061, 403.702-.717 FS. History–New 1-6-93, Amended 1-2-94, 5-19-94, Formerly 17-701.220, Amended 5-27-01, 1-6-10, 8-12-12, 2-15-15, _____________.

     

    62-701.310 Approval of Alternate Procedures and Requirements.

    (1) Applicability. Any person subject to the provisions of this chapter or rule Chapters 62-702 through 62-722, F.A.C., may request in writing a determination by the Secretary that a requirement shall not apply, and shall request approval of alternate procedures or requirements. The alternate procedure provisions in Rule 62-701.310, F.A.C., are not available to CCR facilities, however, the alternative mechanisms contained in the federal rules adopted by reference in Rule 62-701.804, F.A.C., remain applicable to CCR facilities subject to Rules 62-701.804, and 62-701.805, F.A.C.

    (2) through (7) No change.

    Rulemaking Authority 403.0877, 403.704, 403.707 FS. Law Implemented 403.0877, 403.704, 403.707 FS. History–New 7-1-85, Amended 12-10-85, Formerly 17-7.078, 17-701.078, Amended 1-6-93, 1-2-94, 5-19-94, Formerly 17-701.310, Amended 5-27-01, 1-6-10, _____________.

     

    62-701.805 Coal Combustion Residuals Facility Permitting Requirements and Procedures.

    (1) Location Restriction Requirements.

    (a) New CCR landfills, existing CCR landfills, and lateral expansion of a CCR landfill. The location restriction requirement for existing CCR landfills is specified in 40 CFR 257.64. The location restrictions for the construction of new CCR landfills and any lateral expansions are those specified in 40 CFR 257.60, 257.61, 257.62, 257.63, and 257.64 [as adopted by reference in subsection 62-701.804(3), F.A.C.].

    (b) New CCR surface impoundments, existing CCR surface impoundments, and lateral expansion of a CCR surface impoundment. The location restriction requirements for existing CCR surface impoundments, construction of new CCR surface impoundments, and any lateral expansions are those specified in 40 CFR 257.60, 257.61, 257.62, 257.63, and 257.64 [as adopted by reference in subsection 62-701.804(3), F.A.C.].

    (2) Design Requirements.

    (a) The design requirements for construction of new CCR landfills and any lateral expansions are those specified in 40 CFR 257.70 [as adopted by reference in subsection 62-701.804(3), F.A.C.].

    (b) The design requirements for construction of new CCR surface impoundments or any lateral expansions are those specified in 40 CFR 257.71, 257.72, 257.73 and 257.74 [as adopted by reference in subsection 62-701.804(3), F.A.C.].

    (c) Requirement for Quality Assurance/Quality Control (QA/QC) Plans. For the construction of any new CCR landfill or CCR surface impoundment, any lateral expansions of a CCR landfill or surface impoundment, or retrofit of an existing CCR surface impoundment, a quality assurance/quality control plan in accordance with subsections 62-701.400(7) and (8), F.A.C., must be provided for the construction of the liner system, leachate collection system, and the final cover system, as applicable.

    (3) Operating Requirements.

    (a) New CCR landfills, existing CCR landfills, and lateral expansion of a CCR landfill. The operating requirements for existing CCR landfills, construction of new CCR landfills and any lateral expansions are those specified in 40 CFR 257.80, 257.81, and 257.84, [as adopted by reference in subsection 62-701.804(3), F.A.C.].

    (b) New CCR surface impoundments, existing CCR surface impoundments, and lateral expansion of a CCR surface impoundment. The operating requirements for existing CCR surface impoundments, construction of new CCR surface impoundments, and any lateral expansions are those specified in 40 CFR 257.80; 257.82; and 257.83; [as adopted by reference in subsection 62-701.804(3), F.A.C.].

    (4) The requirements for inactive CCR surface impoundments are those specified in 40 CFR 257.100 [as adopted by reference in subsection 62-701.804(3), F.A.C.].

    (5) The groundwater monitoring and corrective action requirements are those specified in 40 CFR 257.90, 257.91, 257.93, 257.94, 257.95, 257.96, 257.97, and 257.98 [as adopted by reference in subsection 62-701.804(3), F.A.C.].

    (6) Requirements for retrofitting existing unlined CCR surface impoundments are those specified in 40 CFR 257.102(k), [as adopted by reference in subsection 62-701.804(3), F.A.C.].

    (7) Financial Assurance.

    (a) For any CCR unit or units, closure cost estimate updates and financial mechanisms are required to be prepared for each unit and shall comply with the provisions of subsections 62-701.630(1) through (4), F.A.C., except that the costs shall be based upon compliance with Rules 62-701.804 and 62-701.805, F.A.C. “Landfill” shall mean CCR landfill or CCR surface impoundment when used in Rules 62-701.804 and 62-701.805, F.A.C.

    (b) Local governments shall comply with the provisions of subsections 62-701.630(1) through (4) or 62-701.630(5), F.A.C., as applicable, to establish financial assurance for closure and post-closure.

    (8) Closure and Post-closure Care.

    (a) Closure or retrofit of existing, new and lateral expansions of CCR units shall be conducted in accordance with 40 CFR 257.100(a) and 40 CFR 257.101 through 40 CFR 257.103 [as adopted by reference in subsection 62-701.804(3), F.A.C.].

    (b) The owner or operator must close the CCR unit in accordance with a Department operating permit that includes a closure plan, or a closure permit issued by the Department. Prior to initiating closure of a CCR unit, the owner or operator must receive authorization from the Department using one of the following options:

    1. The owner or operator may submit an application to the Department for a closure permit which shall include a closure plan on Form 62-701.900(37), Application to Construct, Operate, Modify, or Close a CCR Unit, effective date [DATE], hereby adopted and incorporated by reference. Copies of this form can be obtained from the Department’s website or by contacting the Department of Environmental Protection, Solid Waste Section, MS 4565, 2600 Blair Stone Road, Tallahassee, Florida, 32399-2400, or the form can be obtained at http://www.flrules.org/Gateway/reference.asp?No=Ref-13340; or

    2. If the CCR unit is operating under a CCR operating permit, the owner or operator may request a modification of the permit to address substantive changes in the closure plan, or the owner or operator may demonstrate that the closure plan in the existing operating permit includes sufficient detail to provide reasonable assurance of compliance with the provisions of this section.

    (c) All required notices in 40 CFR 257.102(g), 40 CFR 257.102(h), and 40 CFR 257.102(i) [as adopted by reference in subsection 62-701.804(3), F.A.C.] must be provided to the Department per the timeframes in those rules.

    (d) Upon completion of closure activities, a professional engineer registered in Florida shall prepare and submit a closure report to the Department, pursuant to 62-701.600(6), F.A.C. Upon approval by the Department in accordance with 62-701.600(8), F.A.C., closure will be deemed complete and the facility may begin the post-closure care period.

    (e) Once closure activities have been completed, the owner or operator shall file a declaration to the public in the deed records in the office of the county clerk of the county in which the CCR unit is located. The declaration shall include a legal description of the property on which the CCR unit is located and a site plan specifying the area actually filled with CCR materials. The declaration shall also include a notice that any future owner or user of the site should consult with the Department prior to planning or initiating any activity involving the disturbance of the landfill cover, monitoring system, or other control structures. A certified copy of the recorded declaration shall be filed with the Department.

    (f) Post-closure care for CCR units shall be conducted in accordance with 40 CFR 257.104 [as adopted by reference in subsection 62-701.804(3), F.A.C.] with the following exceptions and additions:

    1. An owner or operator of an inactive surface impoundment that elects to close a CCR unit pursuant to the requirements under 40 CFR 257.100(a) [as adopted by reference in subsection 62-701.804(3), F.A.C.] is subject to the post- closure care criteria in 40 CFR 257.104 [as adopted by reference in subsection 62-701.804(3), F.A.C.]. The post-closure care plan required pursuant to 40 CFR 257.104 [as adopted by reference in subsection 62-701.804(3), F.A.C.] must be approved by the Department prior to initiating post-closure care period.

    2. Upon the completion of the post-closure care period specified in 40 CFR 257.104 [as adopted by reference in subsection 62-701.804(3), F.A.C.], the Department must provide approval that the post-closure care period has been completed.

    3. The release of CCR units from post-closure care must be approved by the Department.

    (g) This subsection does not apply to CCR units that commenced closure or post-closure care before [effective date of rule] in accordance with paragraph(8)(a), paragraph (8)(f), or pursuant to judicial order, judicially-approved consent decree, Department consent order, or other Department authorization. For purposes of this subsection, a CCR unit has commenced closure or post-closure care if the owner or operator has obtained the federal, state, or local approvals or permits necessary to begin physical construction related to closure or to begin post-closure care monitoring, and a continuous on-site physical construction program related to closure or actual post-closure care monitoring had begun prior to [effective date of rule].

    (9) Alternative Closure Requirements. 40 CFR 257.103 contains the requirements that must be met by an owner or operator of a CCR unit subject to closure pursuant to 40 CFR 257.101(a), (b)(1), or (d) where the owner or operator of the CCR unit decides that the CCR unit needs to continue to receive CCR [as adopted by reference in subsection 62-701.804(3), F.A.C.].

    (10) Requirements for Recordkeeping, Notification and Posting of Information on the Internet.

    (a) The recordkeeping requirements for CCR units are those specified in 40 CFR 257.105 [as adopted by reference in subsection 62-701.804(3), F.A.C.].

    (b) The notification requirements for CCR units are those specified in 40 CFR 257.106 [as adopted by reference in subsection 62-701.804(3), F.A.C.].

    (c) The publicly accessible internet site requirements for CCR units are those specified in 40 CFR 257.107 [as adopted by reference in subsection 62-701.804(3), F.A.C.].

    (d) All documents, plans, reports, and certifications required in 40 CFR 257.105 shall be submitted to the Department per timeframes specified in the federal rule.

    (11) CCR Permit Procedures.

    (a) No person shall construct, operate, maintain, modify, or close a CCR landfill or surface impoundment without a permit issued by the Department under this rule.

    (b) CCR Permit Applications.

    1. On or before the facility anniversary date and no later than one year after the effective date of this rule, owners and operators of all existing CCR units subject to Rule 62-701.804, F.A.C., are required to submit to the Department a permit application for these units. For the purposes of this subsection, the facility anniversary date shall be defined as the month and day of the most recent modification to the facility siting certification or relevant permit plus 180 days.

    2. Owners and operators of new CCR units subject to Rule 62-701.804, F.A.C., must obtain a permit from the Department prior to the placement of coal combustion residual waste in the CCR unit.

    3. A CCR permit application or permit renewal application shall be timely and sufficient. For existing CCR units, if the permit application is submitted on or before the anniversary date, it will be considered timely and sufficient. For CCR permit renewals, if the permit renewal application is submitted prior to 60 days before the permit expiration, it will be considered timely and sufficient. If the renewal application is submitted at a later date, it will not be considered timely and sufficient unless it is submitted and made complete prior to the expiration of the existing permit. When the application for renewal is timely and sufficient, the existing permit shall remain in effect until the renewal application has been finally acted upon by the Department or as otherwise provided in section 120.60, F.S.

    (c) CCR Permit Application Requirements: A permit application for a CCR landfill or surface impoundment shall be submitted using Form 62-701.900(37), incorporated by reference in paragraph 62-701.805(8)(b), F.A.C., as applicable.

    1. All applications shall include the information in paragraphs a. through g. of this subsection:

    a. A letter of application transmittal with the applicable permit fee specified in Rule 62-701.805(12)(a), F.A.C., by check or money order, payable to the Department;

    b. A detailed description of facility operations, all CCR units, and or/proposed CCR units included in the permit application;

    c. A regional map or plan showing the project location in relation to major roadways and population centers, and a vicinity map or aerial photograph taken within one year preceding the application showing the facility site and relevant surface features located within 1000 feet of the facility;

    d. A site plan, of a scale not greater than 200 feet to the inch, which shows the project location and identifies the existing or proposed CCR units, total acreage of the site and of the existing or proposed CCR units, and any other relevant features such as water bodies or wetlands on or within 200 feet of the site and potable water wells on or within 500 feet of the site;

    e. A boundary survey, legal description, and topographic survey of the property;

    f. The financial assurance documentation required by subsection 62-701.805(7), F.A.C.; and

    g. Documentation required by subsections 62-701.805(1) through 62-701.805(10), F.A.C., as applicable.

    2. A minimum of one electronic copy of the application, engineering plans and reports, and all supporting information for the proposed construction, substantial modification, operation or closure of a CCR unit shall be provided to the Department. The Department shall excuse the applicant from the requirements to submit an application electronically when the applicant files a request with the Department requesting to be excused from the electronic submission requirements due to technological hardship. If an applicant is excused from submitting an application electronically, then the applicant shall submit at least one paper copy of the entire application to the Department.

    (d) Engineer of Record and Professional Certification: All engineering plans, reports, and information supporting the application shall be compiled by the engineer of record who shall be responsible for assurance that all technical components have been prepared under the direction and supervision and signed and sealed by the professional registered in Florida in each contributing technical discipline. The engineer of record’s signature and seal on the application shall assure that all appropriate technical professional disciplines have been employed in development of the application. The application shall provide that the engineer of record, or another qualified professional working under the supervision of the engineer of record, shall make periodic inspections during construction of the facility to ensure that design integrity is maintained.

    (e) Identification Number. The Department shall assign an identification number to each facility that receives a permit for a CCR unit. The number shall be unique to that facility and shall remain assigned to that facility at all times. The identification number shall be used on all correspondence and records related to that facility.

    (12) CCR Permit Application Fees.

    (a) The following fees shall apply to permit applications for CCR landfills and surface impoundments.

    1. Construction permit for each CCR landfill or surface impoundment, five-year term$10,000.00

    2. Operation permit for each CCR landfill or surface impoundment, five-year term$10,000.00

    3. Closure permit for each CCR landfill or surface impoundment, five-year term $ 7,500.00

    (b) Fees for CCR permit modifications are the same as those in subsection 62-701.320(4), F.A.C.

    (c) Fees for permits to construct, operate, or close that are issued for periods longer than five years shall be calculated as follows: the fee listed in this section plus 20 percent of the fee listed in this section for each year over five years for which a permit is sought.

    (13) CCR Permit Application Notice, Processing, Permit Issuance, Modification, and Renewal Procedures

    (a) An applicant for a permit to construct or substantially modify a CCR unit shall publish and provide proof of publication to the Department of a notice of application in a newspaper of general circulation in the area where the facility will be located. This notice shall conform to the requirements of Rule 62-110.106, F.A.C., except that the notice shall be published within 14 days of submittal of a permit application to the Department.

    (b) CCR permit applications shall be processed in accordance with the requirements in Rule 62-4.055, F.A.C.

    1. CCR permits shall be issued in accordance with the requirements in Rule 62-4.070, and 62-701.320(3), F.A.C.

    2. The public notice requirements for CCR permits issued by the Department are specified in section 403.815, F.S., section 403.707, F.S., Rule 62-110.106, F.A.C., and Rule 62-701.320, F.A.C.

    3. For a CCR landfill or surface impoundment that meets the requirements of 403.707(3)(c), F.S., the CCR permits shall be issued for a period of up to ten years.

    (c) Modifications of Coal Combustion Residual Unit Permits.

    1. Permits for CCR units shall be modified in accordance with the requirements of Rule 62-4.080, F.A.C.

    2. A modification which does not require substantial technical evaluation by the Department, does not require a new site inspection by the Department, and is not expected to lead to substantially different environmental impacts or will lessen the impacts of the original permit is considered a minor modification, the fee for which is set forth in paragraph 62-4.050(4)(s), F.A.C.

    3. A modification which is reasonably expected to lead to substantially different environmental impacts which require a detailed review by the Department is considered a substantial modification, the fee for which is set forth in subsection 62-4.050(7), F.A.C.

    4. A modification which is reasonably expected to lead to substantially different environmental impacts, but which requires a less detailed review than does a substantial modification, is considered an intermediate modification, the fee for which is one-half of that required for a substantial modification.

    5. The public notice requirements for CCR permits modified by the Department are specified in section 403.815, F.S., section 403.707, F.S., Rule 62-110.106, F.A.C., and Rule 62-701.320, F.A.C.

    (d) Coal Combustion Residual Unit Permit Renewals

    1. A renewal application shall be timely and sufficient. If the renewal application is submitted prior to sixty days before expiration of the existing permit, it will be considered timely and sufficient. If the renewal application is submitted at a later date, it will not be considered timely and sufficient unless it is submitted and made complete prior to the expiration of the existing permit. When the application for renewal is timely and sufficient, the existing permit shall remain in effect until the renewal application has been finally acted upon by the Department or as otherwise provided in section 120.60, F.S.

    2. Applicants for permit renewal shall demonstrate how they will comply with any applicable new or revised laws or rules relating to construction, operation, or closure of CCR units. Closure plans shall be updated at least once every five years to reflect changes in closure design, long-term care requirements, and financial assurance requirements.

    3. Facility information that was submitted to the Department to support the expiring permit, and which is still valid, does not need to be resubmitted for permit renewal. The permit renewal application shall list and reaffirm that the information is still valid.

    (e) CCR Unit Permit Transfers.

    1. Any person wishing to transfer a CCR unit permit shall submit such a request using Form 62-701.900(8), Permit Transfer Form, incorporated by reference in paragraph 62-701.320(11)(a), F.A.C. The form must be completed with the signatures of both the permittee and the proposed new permittee and submitted to the Department’s Solid Waste Section in Tallahassee.

    2. A transfer of permit is required upon the sale or transfer of a facility. A transfer of permit is also required if a new or different person takes ownership or control of the facility. A transfer of permit is not required if the facility simply changes its name, although the permittee must notify the Department of such a change using Form 62-701.900(8). A transfer of permit is also not required solely as a result of the sale of stock or assets or a change of operating personnel, as long as ownership or control of the facility has not changed. A permittee may apply for a permit transfer prior to the sale or change of control of the facility, but the permit transfer shall not be effective prior to the sale or change of control.

    3. The proposed new permittee shall provide reasonable assurance that it has the ability to comply with the conditions of the existing permit, that it either owns the property or has legal authorization from the property owner to use the site, and that it meets any financial assurance requirements of the permit or applicable rules.

    4. Within 30 days of receipt of an application for permit transfer, the Department shall request additional information if the application is not complete. Within 30 days of receipt of a complete application, the Department shall either approve or deny the permit transfer. The Department’s determination shall be based solely on its evaluation of the requirements in paragraphs (a) through (c) above. If the Department fails to take action to approve or deny the transfer within 30 days of receipt of a complete application, the transfer shall be deemed approved.

    5. Until this transfer is approved by the Department, the permittee and any other person constructing, operating, or maintaining the permitted facility shall be liable for compliance with the terms of the permit. The permittee seeking to transfer the permit shall remain liable for corrective actions that may be required as a result of any violations occurring prior to the sale or legal transfer of the facility. If the existing permittee is under a continuing obligation to perform corrective actions as a result of a Department enforcement action or consent order, the permit may not be transferred until the proposed new permittee agrees in writing to accept responsibility for performing such corrective actions.

    6. If financial assurance for closure is required for the permit being transferred, the existing permittee shall maintain that financial assurance until the Department approval of the transfer is final. The proposed new permittee shall also provide financial assurance before the transfer is approved by the Department.

    Rulemaking Authority 403.061, 403.704, 403.707, 403.7125 FS. Law Implemented 403.702, 403.703, 403.704, 403.707, 403.7125 FS. History–New _________.

     

    62-701.900 Forms.

    The forms used by the Department in the solid waste management program are adopted and incorporated by reference elsewhere in this chapter. The following list of forms is provided solely for convenience. Some of the form numbers may not be consecutive due to repeal or transfer of earlier forms. Copies of forms may be obtained from a local District Office; by contacting the Florida Department of Environmental Protection, Solid Waste Section, Mail Station #4565, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, or at https://floridadep.gov/waste/content/forms-chapter-62-701-solid-waste-management-facilities.

    (1) through (26) No change.

    (27) Form 62-701.900(37), Application to Construct, Operate, Modify, or Close a CCR Unit, effective [DATE].

    Rulemaking Authority 403.704 FS. Law Implemented 403.707 FS. History–New 8-2-89, Amended 1-6-93, 5-19-94, Formerly 17-701.900, Amended 12-23-96, 4-23-97, 5-27-01, 1-6-10, 8-12-12, 2-15-15, 3-13-16, ___________.

     

    NAME OF PERSON ORIGINATING PROPOSED RULE: Kim Walker, Program Administrator, Department of Environmental Protection, 2600 Blair Stone Rd., Tallahassee, FL 32399. Kim.Walker@FloridaDEP.gov or (850)245-8934.

    NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Shawn Hamilton, Interim Secretary, Florida Department of Environmental Protection

    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 28, 2021

    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 15, 2019

     

Document Information

Comments Open:
7/8/2021
Summary:
This proposed rule will specify the requirements of a State CCR Permitting Program for CCR landfills and CCR surface impoundments. Federal rule 40 CFR Part 257 became effective on April 19, 2015, and CCR facilities in Florida have been required to complete applicable federal requirements since that time, along with compliance with separate state specific requirements in Chapter 62-701, F.A.C. Adoption of these rules and adopting by reference parts of 40 CFR Part 257 through the Fast Track ...
Purpose:
The purpose and effect of the proposed rule development is to add a new rule to Chapter 62-701, F.A.C., in order to adopt procedures in Rule 62-701.805, F.A.C., by which the Department of Environmental Protection will issue Coal Combustion Residuals (CCR) Permits to facilities in Florida that are currently required to comply with the requirements in 40 CFR Part 257.50 through 257.107, which will be adopted separately through the Fast Track rulemaking process under s. 403.8055, F.S., as Rule 62-...
Rulemaking Authority:
403.061, 403.0877, 403.704, 403.707, 403.7125, FS.
Law:
403.061, 403.0877, 403.702, 403.703, 403.704, 403.705, 403.706, 403.707, 403.708, 403.709, 403.710, 403.711, 403.712, 403.713, 403.714, 403.715, 403.716, 403.717, 403.7125, FS.
Related Rules: (4)
62-701.220. General Applicability
62-701.310. Approval of Alternate Procedures and Requirements
62-701.805. Coal Combustion Residuals Facility Permitting Requirements and Procedures
62-701.900. Forms