62-710.210. Documents Incorporated by Reference  


Effective on Monday, June 18, 2018
  • 1(1) General provisions relating to solid waste management may be found in chapter 62-701, “Solid Waste Management Facilities,” F.A.C., including statements of intent, definitions, prohibitions, general permitting requirements, alternate procedures, and forms. Except where the context indicates otherwise, these general provisions apply to this chapter.

    47(2) The Department adopts by reference 5340 C.F.R. Part 279 57revised as of July 1, 2017 (64http://www.flrules.org/Gateway/reference.asp?No=Ref-0895066), which contains the federal standards for the management of used oil. It is the intent of the Department to interpret these standards in a manner consistent with interpretations promulgated by the United States Environmental Protection Agency, except when such interpretations conflict with Florida law.

    111(3) “On-specification used oil fuel” means any used oil which meets the requirements of 12540 C.F.R. Part 279.11 129[as adopted in subsection 13362-710.210(2), 134F.A.C.]. Used oil fuel containing PCBs at a concentration equal to or greater than 2 ppm, but less than 50 ppm, is regulated under 15840 C.F.R. Part 761.20(e) 162and burned only in boilers or industrial furnaces as defined in 17340 C.F.R. Part 260.10 177[as adopted in subsection 18162-730.020(1), 182F.A.C.] and identified in 18640 C.F.R. Part 279.61 190[as adopted in subsection 19462-710.210(2), 195F.A.C.]. Used oil containing PCBs at a concentration equal to or greater than 50 ppm is fully subject to the requirements of the Toxic Substances Control Act found in 22440 C.F.R. Part 761. 228Blending used oil for the purpose of reducing the concentration of PCBs to below 50 ppm is prohibited in accordance with the provisions of 25240 C.F.R. 279.10(i) 255[as adopted in subsection 25962-710.210(2), 260F.A.C.] and 761.20(e).

    263(4) References in 26640 C.F.R. Part 279 270[as adopted in subsection 27462-710.210(2), 275F.A.C.] to 27740 C.F.R. Part 262 281[as adopted in subsection 28562-730.160(1), 286F.A.C.] shall mean rules adopted by the Department regarding generators of hazardous wastes; reference to 30140 C.F.R. Part 263 305[as adopted in subsection 30962-730.170(1), 310F.A.C.] shall mean rules adopted by the Department regarding transporters of hazardous waste; reference to 32540 C.F.R. Parts 264 329[as adopted in subsection 33362-730.180(1), 334F.A.C.] and 265 [as adopted in subsection 34162-730.180(2), 342F.A.C.] shall mean rules adopted by the Department regarding treaters, storers and disposers of hazardous wastes; references to 36040 C.F.R. Part 266 364[as adopted in subsection 36862-730.181(1), 369F.A.C.] shall mean rules adopted by the Department regarding standards for the management of specific hazardous waste; and references to Section 3010 of RCRA shall mean notification requirements of Florida Law. The above-mentioned Department rules are found in chapter 62-730, “Hazardous Waste,” F.A.C.

    413(5) When the same word, phrase, or term is defined in rule 42562-710.201, 426F.A.C., and 42840 C.F.R. Part 279 432[as adopted in subsection 43662-710.210(2), 437F.A.C.] and the definitions are not identical, the definitions as given in rule 45062-710.201, 451F.A.C., shall apply.

    454(6) Unless specifically indicated otherwise, when used in any such provisions as adopted from 46840 C.F.R. Part 279 472[as adopted in subsection 47662-710.210(2), 477F.A.C.], United States shall mean the State of Florida, EPA shall mean the Department, and Administrator or Regional Administrator shall mean the Secretary of the Department or the Secretary’s designee, where appropriate.

    509(7) Any reference to 51340 C.F.R. Parts 124 517or 270 as adopted by reference in 52440 C.F.R. Part 279 528[as adopted in subsection 53262-710.210(2), 533F.A.C.] shall mean the permitting provisions in chapter 62-4 or 62-730, F.A.C., or section 547403.722, F.S.

    549(8) Any reference to the Resource Conservation and Recovery Act of 1976 (RCRA) as adopted by reference in 56740 C.F.R. Part 279 571[as adopted in subsection 57562-710.210(2), 576F.A.C.] shall be construed to refer to comparable provisions of the Florida Resource Recovery and Management Act as established in part IV of chapter 403, F.S.

    602Rulemaking Authority 604403.061, 605403.704, 606403.7545, 607403.8055 FS. 609Law Implemented 611403.704, 612403.7545 FS. 614History–New 6-8-95, Amended 12-23-96, 3-25-97, 6-9-05, 1-4-09, 4-23-13, 6-18-18.

     

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