62-701.710. Waste Processing Facilities

(1) Applicability.

(a) This section applies to solid waste management facilities that process but do not dispose of solid waste on-site. This includes materials recovery facilities and transfer stations, but does not include used oil processing facilities, waste tire processing facilities, soil treatment facilities, yard trash processing facilities that meet the registration requirements of Rule 62-709.320, F.A.C., or solid waste composting facilities, each of which is regulated under separate rules. Solid waste combustors will require permits under this section for any storage, processing, or disposal operations that are not directly addressed in another Department permit or certification as specified in paragraphs 62-701.320(14)(a) and (b), F.A.C. However, in accordance with paragraph 62-701.320(5)(c), F.A.C., owners or operators of facilities which manage several different types of wastes, including used oil, waste tires, contaminated soil, or compost, may apply for a single permit which addresses all applicable requirements.

(b) No person shall construct or operate a waste processing facility without a permit issued by the Department.

(c) The following types of facilities are not subject to the requirements of this section; however, these facilities shall be operated to minimize the discharge of leachate to the environment and to control objectionable odors, litter, dust, and other fugitive particulates:

1. Facilities comprised solely of green boxes, compactor units, permanent dumpsters, and other containers from which wastes are transported to a landfill or other solid waste management facility, which do not accept waste from commercial waste haulers that accept waste from multiple generators;

2. Facilities owned or operated by local governments which serve as drop-off points for household waste, provided:

a. The facility accepts only household waste, which may include yard trash;

b. All putrescible waste, household garbage, yard trash, or other waste which may produce leachate is containerized; and

c. The facility does not accept waste from commercial waste haulers that collect municipal solid waste from multiple generators;

3. Household hazardous waste collection centers operated by or exclusively on behalf of a local government;

4. Facilities at industrial operations where waste is stored prior to shipment to a solid waste management facility, or where industrial byproducts are segregated and managed, provided that the industrial operation is regulated under another Department permit or certification.

5. Facilities used solely for the temporary storage of road maintenance byproducts, which include street sweepings, ditch scrapings, shoulder scrapings, and catch basin sediments, provided:

a. Materials that require screening, as well as separated Class I wastes, shall be stored so that leachate and litter are controlled. Examples would include storage in covered roll-offs, storage on an impervious surface and under roof, or storage indoors;

b. Unscreened materials that will not be beneficially used shall be disposed of as soon as practical but shall be stored for no longer than three months unless a longer storage time is approved by the Department;

c. Class I wastes that are separated from the material shall be disposed of at a permitted facility at least weekly; and

d. Screened materials, or materials that do not require screening, shall be stored for no longer than six months unless a longer storage time is approved by the Department.

(d) The following facility types are subject to special requirements or are exempt from some requirements of this section.

1. Transfer stations that accept primarily household waste, commercial solid waste, recovered materials, or construction and demolition debris, that manage waste on a first-in, first-out basis, and that store such waste for no greater than 7 days are exempt from the requirement to provide financial assurance set forth in subsection (7) of this section, and are also exempt from the requirement to have a trained spotter set forth in paragraph 62-701.710(4)(c), F.A.C.

2. Waste processing facilities that accept only construction and demolition debris are exempt from the requirement to provide a leachate control system set forth in paragraph (3)(b) of this section, provided that all areas where waste is stored or processed are covered by a ground water monitoring system which meets the requirements of subsection 62-701.730(8), F.A.C., except the technical report of paragraph 62-701.510(8)(b), F.A.C., is not required. A facility that operates without a leachate control system shall perform a contamination evaluation as part of its closure activities, and shall continue to operate the water quality monitoring system if the evaluation indicates the potential for ground water contamination.

3. Waste processing facilities that accept only Class III wastes are exempt from the requirement to provide a leachate control system set forth in paragraph (3)(b) of this section, provided that the areas where waste is received is under roof and on an impervious surface and that all areas where waste is stored or processed are covered by a ground water monitoring system which meets the requirements of subsection 62-701.730(8), F.A.C., except the technical report of paragraph 62-701.510(8)(b), F.A.C., is not required. A facility that operates without a leachate control system shall perform a contamination evaluation as part of its closure activities, and shall continue to operate the water quality monitoring system if the evaluation indicates the potential for ground water contamination.

4. Waste-to-energy facilities are exempt from the requirement to have a trained operator and a trained spotter set forth in paragraph 62-701.710(4)(c), F.A.C. This does not exempt such facilities from operator training requirements set forth in other Department rules.

(2) Application. A permit application for a waste processing facility shall be submitted on Form 62-701.900(4), Application to Construct, Operate, or Modify a Waste Processing Facility, http://www.flrules.org/Gateway/reference.asp?No=Ref-05020, 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. The form shall indicate whether the facility will operate as a materials recovery facility, transfer station, some other type of processing facility, or some combination thereof, and shall be signed and sealed by a professional engineer. Subsections 62-701.320(5), (6), and paragraph (8)(a), F.A.C., apply to such applications. The application must meet the requirements of subsection 62-701.320(7), F.A.C., except for paragraphs (e) and (h) and subparagraphs (7)(f)4. and 5., and must also include the following:

(a) A description of the operation of the facility including:

1. The types of materials, i.e., wastes, recyclable materials or recovered materials, to be managed or processed;

2. The expected daily average and maximum weights or volumes of materials to be managed or processed;

3. How the materials will be managed or processed;

4. How the materials will flow through the facility including locations of the loading, unloading, sorting, processing and storage areas;

5. The types of equipment that will be used;

6. The maximum time materials will be stored at the facility;

7. The maximum amounts of wastes, recyclable materials, and recovered materials that will be stored at the facility at any one time; and

8. The expected disposition of materials after leaving the facility.

(b) A site plan, of a scale not greater than 200 feet to the inch, which shows the facility location, total acreage of the site, 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;

(c) A boundary survey and legal description of the property;

(d) A construction plan, including engineering calculations, that describes how the applicant will comply with the design requirements of subsection 62-701.710(3), F.A.C.;

(e) An operation plan that describes how the applicant will comply with subsection 62-701.710(4), F.A.C., and the recordkeeping requirements of subsection 62-701.710(8), F.A.C.;

(f) A closure plan that describes how the applicant will comply with subsection 62-701.710(6), F.A.C.;

(g) A contingency plan that describes how the applicant will comply with subsection 62-701.320(16), F.A.C. and

(h) The financial assurance documentation required by subsection 62-701.710(7), F.A.C.

(3) Design requirements. Minimum design requirements for waste processing facilities are as follows:

(a) Tipping, processing, sorting, storage and compaction areas that are not enclosed shall be equipped with litter control devices.

(b) The facility shall be designed with a leachate control system to prevent discharge of leachate and avoid mixing of leachate with stormwater, and to minimize the presence of standing water.

(c) Provisions shall be made for evaluating the quantity of all incoming solid waste and recovered materials. Storage areas shall be designed to hold the expected volume of materials until they are transferred for disposal or recycling.

(4) Operational requirements.

(a) All operations shall be conducted in accordance with the approved Operation Plan. The Department shall be notified before any substantial changes or revisions to the approved Operation Plan are implemented in order to determine whether a permit modification is required.

(b) Stored putrescible wastes shall not be allowed to remain unprocessed for more than 48 hours; however, if the operation plan includes provisions to control vectors and odors, putrescible wastes may be stored for up to seven days. Any other unauthorized waste received by the facility shall be segregated and transported to an authorized disposal or recycling facility within 30 days of receipt.

(c) Operators and spotters shall be trained in accordance with subsection 62-701.320(15), F.A.C.

1. A trained operator shall be on duty whenever the facility is operating. Operating hours shall be posted at the facility.

2. At least one trained spotter shall be on duty at all times that waste is received at the site to inspect the incoming waste. All incoming waste shall be inspected, and any unauthorized waste shall be removed from the waste stream and placed into appropriate containers for disposal at a permitted facility in accordance with a schedule submitted as part of the operation plan.

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

(e) Adequate fire protection shall be available at all times.

(f) Access to the facility shall be controlled during the design period of the facility by fencing or other effective barriers to prevent disposal of unauthorized solid waste.

(g) All drains and leachate conveyances shall be maintained so that leachate flow is not impeded.

(h) If any regulated hazardous wastes are discovered to be improperly deposited at the facility, the facility operator shall promptly notify the Department, the person responsible for shipping the wastes to the facility, and the generator of the wastes, if known. The area where the wastes are deposited shall immediately be cordoned off from public access. If the generator or hauler cannot be identified, the facility operator shall assure the cleanup, transportation, and disposal of the waste at a permitted hazardous waste management facility.

(i) If the facility has reached its permitted capacity for storage of wastes or recyclable materials, the permittee shall not accept additional waste for processing until sufficient capacity has been restored.

(5) Certification. Certification of construction completion shall be done in accordance with paragraph 62-701.320(9)(b), F.A.C. Record drawings of relevant construction details shall be submitted along with the certification.

(6) Closure requirements.

(a) The owner or operator shall notify the Department in writing prior to ceasing operations, and shall specify a closing date. No waste shall be received by the facility after the closing date.

(b) Within 30 days after receiving the final solid waste shipment, the owner or operator shall remove or otherwise dispose of all solid waste or residue in accordance with the approved closure plan. Stored putrescible wastes shall continue to be managed in accordance with paragraph 62-701.710(4)(b), F.A.C.

(c) Closure must be completed within 180 days after receiving the final solid waste shipment. Closure will include removal of all recovered materials from the site, as well as performing any contamination evaluation required by subparagraph 62-701.710(1)(d)2., F.A.C. The owner or operator shall certify in writing to the Department when closure is complete.

(7) Financial assurance.

(a) Closure cost estimates, estimate updates and financial mechanisms shall comply with the provisions of subsections 62-701.630(1) through (4), F.A.C., except that long-term care costs need not be included, and the costs shall be based upon compliance with this section. If a trust fund is used, the full amount of the current closing cost estimate must be deposited at the time funding is required. If an escrow account is used, the fiscal year-end escrow balance must cover the entire waste processing facility closing cost estimate. Landfill and disposal unit shall mean facility.

(b) In addition to the exemption provided in subparagraph (1)(d)1. of this section, a standalone waste processing facility is exempt from the requirement to provide proof of financial assurance as long as the current dollar Department approved closing cost estimate is less than $10,000.

(c) If a local government requires financial assurance for closure, which is at least as stringent as that required by this subsection, the Department will attempt to establish a cooperative mechanism with the local government and thereby avoid duplicative financial requirements.

(8) Recordkeeping.

(a) Operational records shall be maintained to include a daily log of the quantity of solid waste received, processed, stored, and removed from the site for recycling or disposal, and the county of origin of the waste, if known. These records shall include each type of solid waste, recovered materials, residuals, and unacceptable waste which is processed, recycled, and disposed. Such records shall be compiled on a monthly basis and shall be available for inspection by the Department. Records shall be retained at the facility for three years.

(b) The owner or operator of any facility which recycles construction and demolition debris shall submit an annual report to the Department on Form 62-701.900(7), Annual Report for a Construction and Demolition Debris Facility, effective date 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. This report shall include a summary of the amounts and types of wastes disposed of or recycled. The county of origin of materials which are recycled, or a statement that the county of origin is unknown, shall be included in the report. The report shall be submitted no later than February 1 of each year, and shall cover the preceding calendar year.

(9) Alternate procedures. The owner or operator of a facility may request alternate procedures and requirements in accordance with Rule 62-701.310, F.A.C. However, if such request is based upon the nature of the waste accepted at the facility (for example, if a facility accepts only segregated wastes which are expected to have a minimal environmental impact), the request will be submitted to and acted on by the appropriate District office of the Department as part of a permit application or modification, and need not be accompanied by any additional fee.

(10) General permit for indoor waste processing facility.

(a) General permit. A general permit is hereby granted to any person for the operation of a waste processing facility at which all incoming solid waste is stored and processed indoors, that has been constructed in conformance with a permit issued pursuant to this section, and that will be operated in accordance with the standards and criteria set forth in Rules 62-4.540 and 62-701.300, F.A.C., and this subsection. To qualify for a general permit a facility must comply with the following:

1. The facility has been designed to have all incoming wastes tipped, sorted and processed indoors.

2. The facility has been constructed with a leachate control system to prevent discharge of leachate and avoid mixing of leachate with stormwater, and to minimize the presence of standing water.

3. Storage areas are designed to hold the expected volume of materials until they are transferred for disposal or recycling. Recovered materials, yard trash, and untreated wood may be stored outside. Other recyclable materials separated from the incoming waste stream may be stored outside in rolloff containers provided they are covered.

(b) Notification. Any person wishing to operate an indoor waste processing facility pursuant to this subsection shall notify the Department on Form 62-701.900(34), Notification of Intent to Use a General Permit for an Indoor Waste Processing Facility, http://www.flrules.org/Gateway/reference.asp?No=Ref-01481, effective August, 2012, 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. Each notification shall include a certification that the facility has been constructed in accordance with the criteria in this subsection, and the following:

1. A description of the facility that complies with paragraph 62-701.710(2)(a), F.A.C.;

2. An operation plan that complies with paragraph 62-701.710(2)(e), F.A.C.;

3. A closure plan that complies with paragraph 62-701.710(2)(f), F.A.C.; and

4. A contingency plan that complies with paragraph 62-701.710(2)(g), F.A.C.;

(c) Facility information that was submitted to the Department to support the most recent construction or operation permit, and which is still valid, does not need to be re-submitted with the notification. The notification shall list and reaffirm that the information is still valid.

(d) Other requirements. The permittee shall comply with the requirements of subsections 62-701.710(4), (6), and (8), F.A.C.

(11) Transfer stations that consolidate waste directly from one mobile container or vehicle into another mobile container or vehicle are exempt from the requirements of this section provided:

a. The owner or operator notifies the Department, and renews any existing notification by July 1 of each year, on Form 62-701.900(35), Notification of Container-to-Container Waste Transfer Facility, http://www.flrules.org/Gateway/reference.asp?No=Ref-01482, effective August, 2012, 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. A site plan showing the property and area where waste transfer operations will be conducted shall be included in accordance with the directions on Form 62-701.900(35);

b. The facility is operated to minimize the discharge of leachate to the environment and to control objectionable odors, litter, dust, and other fugitive particulates;

c. Only construction and demolition debris and Class III solid waste is accepted at the facility;

d. Waste is stored only in mobile containers or vehicles, and is not stored, placed, or located on the ground, or in an immobile container or structure, or on a tipping floor;

e. No solid waste, including waste in mobile containers or vehicles, is stored at the facility, or on any adjacent property, for more than 7 days;

f. The largest mobile container or vehicle on-site that is used for consolidation and transfer does not hold more than 40 cubic yards;

g. No more than ten mobile containers or vehicles containing waste or recovered materials, and no more than 200 cubic yards of waste and recovered materials, are stored at the facility at any one time;

h. No more than 1,500 cubic yards of waste may be received at the facility during any calendar month;

i. The waste received at the facility has been collected by the owner or operator and shall not be received from any third party hauler of the waste;

j. Each mobile container or vehicle received or stored at the facility is owned or leased by the operator of the facility, and;

k. Operational records shall be maintained on-site documenting the quantity in cubic yards of waste received, stored, and removed from the site, and where it was sent for recycling or disposal. Such records shall be retained at the facility for three years.

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