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) Criteria. The request shall set forth at a minimum the following information:

(a) The specific facility for which an exception is sought;

(b) The specific provisions from which an exception is sought;

(c) The basis for the exception;

(d) The alternate procedure or requirement for which approval is sought and a demonstration that the alternate procedure or requirement provides an equal degree of protection for the public and the environment; and,

(e) A demonstration of the effectiveness of the proposed alternate procedure.

(3) Department order. The Secretary shall specify by order each alternate procedure or requirement approved in accordance with this section or shall issue an order denying the request for such approval. The Department’s order shall be agency action, reviewable in accordance with Sections 120.569 and 120.57, F.S.

(4) Alternate sampling procedures. Approval of alternative or new field and laboratory sampling and analysis procedures shall be requested in accordance with Rules 62-160.430, 62-160.520 and 62-160.530, F.A.C.

(5) Other relief mechanisms. Requests for variances from specific statutory or rule requirements may be made pursuant to Section 403.201, F.S., and Rule 62-110.104, F.A.C. Requests for variances or waivers from rule requirements may also be made pursuant to Section 120.542, F.S., and Rule 28-104.002, F.A.C. Applications for research, development and demonstration permits may be made pursuant to Section 403.70715, F.S., and shall be submitted using Form 62-701.900(32), Application for a Permit to Construct and Operate a Research, Development and Demonstration Facility, effective January 6, 2010, 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.

(6) Requests for alternate procedures shall be accompanied by the fee specified in subsection 62-701.315(8), F.A.C. Requests must be submitted to the Director of the Division of Waste Management, 2600 Blair Stone Road, Twin Tower Office Building, Tallahassee, Florida 32399-2400.

(7) To the extent that any request for alternate procedures or requirements involves the practice of engineering or geology, the request shall be signed and sealed by a professional engineer or a professional geologist.

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, 3-1-22.