62-711.500. Waste Tire Site Notification and Requirements

(1) The owner or operator of any waste tire site shall provide the Department with information concerning the site’s size, location, and the quantity of waste tires accumulated at the site. Form 62-701.900(20) shall be used for such information, and shall include the following:

(a) Name of owner and operator;

(b) Mailing address of owner and operator, including the telephone number and county;

(c) Location, including the street address, township, range and section, latitude and longitude;

(d) Property size and the dimensions of the waste tire pile; and

(e) Quantity of waste tires accumulated at the site.

(2) Owners or operators of waste tire sites shall meet the storage standards of Rule 62-711.540, F.A.C.

(3) Owners or operators of waste tire sites shall provide closing cost estimates for the quantity of waste tires on their site or the quantity of waste tires that they are permitted to have on their site, whichever is greater. The cost estimate shall be the amount that would be expended to remove, process, and dispose of waste tires on the site and to close the site. The costs shall be based on a third party, who is not a subsidiary or parent company, performing the work, reported on a per unit basis. Quantity estimates shall be certified by a Professional Engineer. The cost estimate shall be re-estimated at least annually and submitted to the Department at least 60 days prior to the anniversary date of the instrument.

(a) Owners or operators of waste tire sites shall provide the Department with proof of financial assurance issued in favor of the State of Florida in the amount of the closing cost estimate for the facility. This proof, along with the closing cost estimate, shall be submitted to the Department as part of the permit application for the facility. Proof of financial assurance shall consist of one or more of the following financial instruments: surety bonds, including performance bonds or financial guarantee bonds; irrevocable letters of credit; insurance; and trust funds. Financial documents shall be submitted on forms provided by the Department in accordance with the requirements of paragraphs (c) and (d) of this subsection.

(b) Landfills which meet the financial assurance requirements of Rule 62-701.630, F.A.C., or which are operating under a consent order that specifies how financial assurance shall be provided are not required to submit separate closing cost estimates or financial assurance documents under this rule.

(c) 40 C.F.R. PART 264 Subpart H, which contains the United States Environmental Protection Agency (EPA) rules on financial requirements for owners and operators of hazardous waste facilities, is adopted as the financial requirements for purposes of this rule and is incorporated by reference as it appears in 40 C.F.R. 264, revised as of July 1, 1988, except:

1. The following sections of 40 C.F.R. 264 Subpart H are specifically not adopted as part of this rule:

a. 264.140(a); 264.140(b); 264.141; 264.142; 264.143(f); 264.143(h); 264.144; 264.145; 264.146; 264.147; 264.149; 264.150; and 264.151.

b. All references to 40 C.F.R. Part 265.

c. All references to 40 C.F.R. Part 264 not contained in Subpart H.

d. All references to EPA Regions.

e. All references to RCRA, or Section 3008 of RCRA.

f. All references to Post-closure Care and Post-closure Cost Estimate.

2. References in 40 C.F.R. 264 Subpart H to EPA shall mean the State of Florida Department of Environmental Protection; to Regional Administrator shall mean the Secretary of the Department; to RCRA permits shall mean waste tire processing facility permits; to closure shall mean closing the waste tire site; to EPA identification number shall mean the Department identification number; to hazardous waste shall mean waste tires; and to hazardous waste treatment, storage or disposal facilities shall mean waste tire sites.

(d) Forms 62-701.900(5)(a), (b), (c), (d), (g), and (h), as adopted in Rule 62-701.900, F.A.C., are incorporated by reference herein, and shall be used when submitting proof of financial assurance under this section.

(4) Any person owning or operating a waste tire site under a Consent Order with the Department which is less stringent than this rule shall modify the Consent Order to meet the requirements of this rule. The existence of such a Consent Order, unless modified, is not a defense to any enforcement action the Department may initiate for violations of this rule.

(5) Permitted solid waste management facilities which are not an integral part of a waste tire processing facility may maintain a waste tire site only if the site is used for the storage of waste tires prior to processing. If the facility has executed a bona fide contract with a waste tire processing facility or a mobile tire chopper, cutter, or shredder which assures that all waste tires on the site will be processed every three months, it is presumed that the site is used for storage prior to processing. If all waste tires are not processed every three months, the facility must demonstrate to the Department that the site is used for storage prior to processing rather than disposal.

Specific Authority 403.704, 403.717 FS. Law Implemented 403.717 FS. History–New 2-19-89, Amended 2-28-94, Formerly 17-711.500, Amended 12-17-96, 3-22-00.