62-722.400. Procedures for Certification and Reporting

(1) Any person in this state who handles, purchases, receives, recovers, sells or is an end user of 600 tons or more of recovered materials must annually apply for certification to the Department, no later than April 1. Certification applications shall be accompanied by a $50 fee, and shall be submitted on Form 62-722.400(9)(a), Application for Recovered Materials Certification, effective [12-17-13], 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.

(2) Any person in this state who handles, purchases, receives, recovers, sells or is an end user of 600 tons or more of recovered materials must annually report to the Department, and to all counties from which it received materials, certain information for the preceding calendar year, unless such person is exempt pursuant to Rule 62-722.300, F.A.C., or is otherwise not subject to the requirements of this chapter. Such reports shall be submitted by February 1 on Form 62-722.400(9)(b), Reporting Form for Recovered Materials, effective date [12-17-13], 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 the following information:

(a) Name, address, and phone number of the applicant;

(b) The locations of all recovered materials facilities owned or operated by the applicant;

(c) The amount and type of recovered materials, by county of origin, that are handled, purchased, received, recovered, or sold by the applicant;

(d) The amount and disposal site, or the name of the person with whom such disposal was arranged in the event that the applicant cannot reasonably determine amount or disposal site, of any solid waste generated by the applicant's facilities; and

(e) The total amount of recovered materials received at the facility from both certified and non-certified persons.

(3) Non-exempt generators of recovered materials who transfer more than 600 tons per year of recovered materials out of Florida or to in-state persons who make a product utilizing recovered materials as a raw material in place of, or in addition to virgin raw materials, must report the amount and type of recovered materials handled, purchased, received, recovered or sold out of state or to in-state person who make a product utilizing recovered materials as a raw material in place of, or in addition to, virgin raw materials, for the preceding calendar year, for purposes of paragraph (1)(c), above.

(4) Information reported to the Department by an applicant for certification or to a local government by a registrant pursuant to Section 403.7046(1),(2) or (3), F.S., which if disclosed would reveal a trade secret, as defined in Section 812.081(1)(c), F.S., is confidential and exempt from the provisions of Section 119.07(1), F.S. Such information includes the information identified in paragraphs (1)(b)-(e) and (2), as represented by the applicant through his signature on the reporting form, unless the applicant for certification or the registrant marks the information as nonconfidential and by so marking the information as nonconfidential represents to the Department that it has not treated such information as trade secret information. For reporting or information purposes, the Department or a local government may provide this information in such form that the names of the persons reporting such information and the specific information reported is not revealed.

(5) If the Department determines that the information received pursuant to subsections (1) and (2) is accurate and complete and meets the requirements of this rule, and is accompanied by the appropriate fee, the Department shall issue a certification to the applicant, which shall include the following information:

(a) The certified person's name, address and phone number; and

(b) The locations of the recovered materials facilities owned or operated by the certified person.

(6) Certifications shall be valid from July 1 of the year in which the certification is issued through June 30 of the following year, unless suspended or revoked by the Department.

(7) A certification issued under this rule is considered a license for purposes specified in Section 120.60, F.S. Any person is subject to having its certification suspended or revoked, pursuant to Section 403.087, F.S., upon a finding by the Department that the person:

(a) Submitted false or inaccurate information to the Department in the certification or reporting forms;

(b) Refused lawful inspection, conducted by the Department pursuant to Section 403.091, F.S.; or

(c) Failed to submit any report required pursuant to this chapter.

(8) The Department shall not delegate its authority to conduct its inspections made pursuant to this chapter to any local pollution control program, county, municipality, or any combination thereof.

(9) The forms used by the Department in this Chapter are adopted and incorporated by reference elsewhere. The following list of forms is provided solely for convenience and can be obtained on the internet at http://www.dep.state.fl.us/waste/quick_topics/forms/pages/62-722.htm or by contacting the Waste Reduction Section, MS #4555, Division of Waste Management, Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

(a) Form 62-722.400(9)(a), Application for Recovered Materials Certification, as required by subsection 62-722.400(1), F.A.C., effective date 12-17-13.

(b) Form 62-722.400(9)(b), Reporting Form for Recovered Materials, as required by subsection 62-722.400(2), F.A.C., effective date 12-17-13.

Rulemaking Authority 403.061, 403.704, 403.7046 FS. Law Implemented 403.705, 403.7046 FS. History–New 1-1-95, Amended 12-17-96, 12-17-13.