62-701.330. Landfill Permit Requirements

(1) Applicability.

(a) Except as otherwise specifically provided herein, this chapter shall apply to all solid waste disposal units constructed or operated under a landfill permit issued after January 6, 2010, including renewals of existing permits.

(b) All holders of landfill construction or operation permits issued prior to January 6, 2010, which contain conditions not in conformance with this chapter shall apply for modification of the permit to conform to this chapter to the District Office of the Department which issued the permit. The submission shall occur at the time of application for renewal of an existing permit, or before July 5, 2010, whichever is later. For purposes of this paragraph, a permit issued prior to January 6, 2010, is deemed to include a completed permit application received by the Department prior to January 6, 2010.

(c) Rules 62-701.400-.420, F.A.C., shall not apply to any solid waste disposal unit for which construction is completed prior to the later of the dates specified in paragraph (b) of this subsection. Such solid waste disposal unit may be operated until filled to its permitted or modified design dimensions which, if such unit is lined, may include any future vertical expansion over the liner in accordance with Rule 62-701.430, F.A.C.

(d) Facilities operating pursuant to a Consent Order with the Department in effect on January 6, 2010, shall continue to operate in accordance with the order until the order expires by its own terms, provided the landfill is in compliance with the terms and conditions of the order. If the facility owner or operator fails to comply with any substantive term or condition of the order, the facility covered by the order must comply with the operational, closure and long-term care requirements of this chapter.

(e) Notwithstanding the above, the owner or operator of an unlined Class III landfill shall submit and comply with a CCA management plan that complies with subsection 62-701.730(20), F.A.C., no later than July 5, 2010.

(2) Permitted footprint. Applicants seeking permits for lined landfills are not limited to the amount of area they may need for disposal during the life of the permit. Rather, applicants may seek a permit with as large a disposal area as they desire subject to the following conditions.

(a) All of the information normally needed in the permit application shall be supplied for the entire area of the proposed footprint, even if only a smaller portion of the entire footprint will be constructed during the permit period.

(b) The public notice of agency action shall address the entire area of the footprint identified in the permit application.

(c) During the life of the permit, the applicant must notify the Department in writing before beginning construction of another permitted phase of the landfill. Construction may proceed, without further action being required by the Department, if it is in accordance with the conditions of the permit. However, if rule changes occur after the permit is issued which affect the design of the construction, then permit modifications may be required. Upon completion of the construction of a permitted phase of the landfill, a Certification of Construction Completion document must be prepared for the phase and submitted to the Department for approval. Department approval in accordance with paragraph 62-701.320(9)(b), F.A.C., is required before the applicant may begin use of the newly constructed phase. No permit fees will be required for authorizing use of these phases.

(d) At the end of the permit period, the applicant may apply for renewal of the permit. The information for the construction of the entire footprint will not have to be resubmitted if no substantial change is proposed in the planning or design of future phases. However, the applicant will be required to update the operation plan for the landfill, evaluate water quality data, ensure the financial assurance cost estimates and mechanism are current and provide reasonable assurance for compliance with any new rules or statutes that may be required of the facility which were not in effect at the time the previous permit was issued. Should there be new liner requirements at the time of permit renewal, the Department will not impose them on phases that are already constructed.

(e) When the permit is renewed, the public notice of agency action shall address:

1. The entire landfill footprint for the operational and closure aspects of the landfill; and

2. The areas of the landfill where the liner has not been installed for the construction aspects of the landfill.

(3) Permit applications. Permit applications for landfills shall be submitted on Form 62-701.900(1), Application to Construct, Operate, Modify, or Close a Solid Waste Management Facility, http://www.flrules.org/Gateway/reference.asp?No=Ref-05031, effective date February 15, 2015, 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. Applications shall meet the requirements of Rule 62-701.320, F.A.C., and shall also include the following specific requirements:

(a) A regional map or aerial photograph not more than five years old that shows all airports located within five miles of the proposed landfill. The applicant may show the airports on the regional map required in subparagraph 62-701.320(7)(f)3., F.A.C.

(b) A plot plan of the site showing dimensions, locations of proposed and existing water quality monitoring wells or points, locations of soil borings, proposed plan of trenching or disposal areas, original elevations, proposed final contours, any previously filled waste disposal areas, and fencing. Cross sections shall be included on the plot plan or on separate sheets showing both the original and proposed fill elevations. The scale of the plot plan shall not be greater than 200 feet to the inch.

(c) Topographic maps at a scale of not greater than 200 feet to the inch with 5-foot contour intervals. These maps shall show the proposed fill area, any borrow area, access roads, grades required for proper drainage and cross sections of lifts, special drainage devices if necessary, fencing, and equipment facilities.

(d) A report on the:

1. Current and projected population and area to be served by the proposed site;

2. Anticipated type, annual quantity, and source of solid waste, expressed in tons;

3. Planned active life of the facility, the final design height of the facility, and the maximum height of the facility during its operation; and

4. Source and type of cover material.

(e) The hydrogeological and geotechnical investigations required by Rule 62-701.410, F.A.C.

(f) The water quality monitoring plan required by Rule 62-701.510, F.A.C.

(g) Evidence of an approved laboratory to do water quality monitoring in accordance with Chapter 62-160, F.A.C.

(h) The financial assurance documentation required by Rule 62-701.630, F.A.C.

(i) Operational plans and drawings as required in subsections 62-701.500(2), (6), (7), (8), (9), (10), and (11), F.A.C.

Rulemaking Authority 403.061, 403.704 FS. Law Implemented 403.702, 403.704, 403.707 FS. History–New 1-6-93, Amended 1-2-94, Formerly 17-701.330, Amended 5-27-01, 1-6-10, 8-12-12, 2-15-15.