62-701.804. Standards for the Disposal of Coal Combustion Residuals in Landfills and Surface Impoundments

(1) Purpose and Scope.

(a) The Department adopts by reference the scope and purpose contained in 40 Code of Federal Regulations (CFR) 257.50 and 40 CFR 257.52 http://www.flrules.org/Gateway/reference.asp?No=Ref-14207, revised as of August 5, 2016.

(b) Coal Combustion Residual (CCR) landfills and Coal Combustion Residual surface impoundments, which are collectively referred to as CCR units, are solid waste management facilities in accordance with subsection 62-701.200(112), F.A.C.

(c) Unless another rule is specifically stated to apply only Chapters 62-4, 62-110, Rules 62-701.300, 62-701.320, 62-701.804, and 62-701.805, F.A.C., are applicable to CCR units.

(2) Definitions.

(a) The Department adopts by reference the definitions contained in 40 CFR 257.53 revised as of July 1, 2021 http://www.flrules.org/Gateway/reference.asp?No=Ref-14209.

(b) When a term in any provision adopted in this chapter from 40 CFR 257.50 through 257.107 is not defined it shall have the meaning as given in the federal Resource Conservation and Recovery Act.

(c) The term “Wetlands” as used in any provision adopted in this chapter shall have the definition of “wetlands” as defined in Section 373.019, F.S.

(d) When the same word, phrase, or term is defined in Part IV of Chapter 403, F.S., and 40 CFR 257.53 and the definitions are not identical, the definitions as given in the state statute shall apply.

(3) The Department adopts by reference the following Sections of 40 CFR 257 revised as of August 5, 2016 http://www.flrules.org/Gateway/reference.asp?No=Ref-14207, and as amended in the 85 Federal Register dated August 28, 2020 (53516-53566) http://www.flrules.org/Gateway/reference.asp?No=Ref-13565 and 85 Federal Register dated November 12, 2020 (72506-72543) http://www.flrules.org/Gateway/reference.asp?No=Ref-13566 with the exceptions listed in subsection 62-701.804(5), F.A.C.: floodplains, 257.3-1; endangered species, 257.3-2; surface water, 257.3-3; placement above the uppermost aquifer, 257.60; wetlands, 257.61; fault areas, 257.62; seismic impact zones, 257.63; unstable areas, 257.64; design criteria for new CCR landfills and any lateral expansion of a CCR landfill, 257.70; liner design criteria for existing CCR surface impoundments, 257.71; liner design criteria for new CCR surface impoundments and any lateral expansion of a CCR surface impoundment, 257.72; structural integrity criteria for existing CCR surface impoundments, 257.73; structural integrity criteria for new CCR surface impoundments and any lateral expansion of a CCR surface impoundment, 257.74; air criteria, 257.80; run-on and run-off controls for CCR landfills, 257.81; hydrologic and hydraulic capacity requirements for CCR surface impoundments, 257.82; inspection requirements for CCR surface impoundments, 257.83; inspection requirements for CCR landfills, 257.84; applicability, 257.90; groundwater monitoring systems, 257.91; groundwater sampling and analysis requirements, 257.93; detection monitoring program, 257.94; assessment monitoring program, 257.95; assessment of corrective measures, 257.96; selection of remedy, 257.97; implementation of the corrective action program, 257.98; inactive CCR surface impoundments, 257.100; closure or retrofit of CCR units , 257.101; criteria for conducting the closure or retrofit of CCR units, 257.102; alternative closure requirements, 257.103; post-closure care requirements, 257.104; recordkeeping requirements, 257.105; notification requirements, 257.106; publicly accessible Internet site requirements, 257.107; Appendix III to Part 257, Constituents for Detection Monitoring; and Appendix IV to Part 257, Constituents for Assessment Monitoring.

(4) The Department adopts by reference the following sections of 40 CFR 257 revised as of July 30, 2018 http://www.flrules.org/Gateway/reference.asp?No=Ref-14208, and as amended in the 85 Federal Register dated August 28, 2020 (53516-52566) http://www.flrules.org/Gateway/reference.asp?No=Ref-13565: 257.101(b)(1)(ii).

(5) The Department does not adopt the following section of 40 CFR Part 257 revised as of April 7, 2015: 257.50(e).

(6) References to 40 CFR 257.50 and 257.3-1 through 257.3-3 and 257.53 through 257.107 in any provisions adopted by reference and in Rule 62-701.805, F.A.C., shall mean rules adopted by the Department regarding Coal Combustion Residuals in Rules 62-701.804 and 62-701.805, F.A.C.

Rulemaking Authority 403.061, 403.704 FS. Law Implemented 403.702, 403.703, 403.704 FS. History–New 3-1-22, Amended 6-9-22.