62-730.220. Applications for Permits and Other Authorizations

(1) The Department adopts by reference the following sections of 40 C.F.R. Part 270 revised as of July 1, 2019, http://www.flrules.org/Gateway/reference.asp?No=Ref-12298, and as amended in the 84 Federal Register dated December 9, 2019 (67202-67220) http://www.flrules.org/Gateway/reference.asp?No=Ref-12299: 270.1(c), except for the Project XL site-specific regulations in 270.1(c)(2)(ix); 270.2, except for the optional amendments to the definition of “permit” and “Standardized Permit” in the Federal Register dated September 8, 2005 (70 FR 53419); 270.3; 270.4; 270.6; 270.10 except for the optional amendments to 270.10(a) and (h) in the Federal Register dated September 8, 2005 (70 FR 53419); 270.11; 270.12 through 270.28; 270.30; 270.31; 270.32(b)(2); 270.33; 270.51 except for the optional amendments to 270.51(e) in the Federal Register dated September 8, 2005 (70 FR 53419); 270.61; 270.62; 270.65; 270.66; 270.68; 270.72; 270.79 through 270.230; and 270.235.

(2)(a) Applicants for hazardous waste permits shall use the following forms, which are hereby adopted and incorporated by reference, and shall comply with subsection (7) of this section. These forms can be obtained on the internet at https://floridadep.gov/waste/permitting-compliance-assistance/content/forms-chapter-62-730-hazardous-waste or by contacting the Permitting and Compliance Assistance Program, MS 4500, Division of Waste Management, Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

1. Application for a Hazardous Waste Permit Part 1 – General, Form 62-730.900(2)(a), effective date 12-2019 (http://www.flrules.org/Gateway/reference.asp?No=Ref-11233).

2. Information Regarding Potential Releases from Solid Waste Management Units, Form 62-730.900(2)(c), effective date 12-2019 (http://www.flrules.org/Gateway/reference.asp?No=Ref-11234).

3. Application for a Hazardous Waste Facility Permit Certification, Form 62-730.900(2)(d), effective date 12-2019 (http://www.flrules.org/Gateway/reference.asp?No=Ref-11235).

(b) The Department shall, upon request of the applicant, combine applications for all required hazardous waste permits at the same hazardous waste facility into one issued permit. The fee for a combined application shall be the highest of all applicable fees. Operation under a combined construction and operation permit shall not begin until the facility is in full compliance with 40 C.F.R. Part 264 standards.

(3) All applicants for hazardous waste authorizations (including permits) shall supply the number of copies of applications and supporting documents requested by the Department. All copies shall contain original signatures and seals in all instances where a signature or certification is required. Except as otherwise instructed in this rule, all applications shall be sent for review and determination to the Hazardous Waste Regulation Section, MS 4560, Division of Waste Management, Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

(4) All applicants for a hazardous waste authorization shall indicate all other federal and state laws that may apply to the activity for which authorization is requested.

(5) 40 C.F.R. 262.14(a)(5)(iii) [as adopted in subsection 62-730.160(1), F.A.C.] provides that waste generated by very small quantity generators (“VSQG waste”) must be delivered to certain specified facilities, including a facility “authorized to manage hazardous waste by a State with a hazardous waste management program approved under Part 271 of this chapter.” Florida is such a state. The Department’s authorization to manage VSQG waste shall include facility-specific operating conditions, including location, generator responsibilities, amount and type of wastes, time limits, and recordkeeping, as appropriate to the request and generator status of the authorized person.

(6) Within 60 days after receipt of an application for a hazardous waste facility authorization, the Department shall examine the application and notify the applicant of apparent errors or omissions and request additional information through a Notice of Deficiency (NOD). The applicant shall respond to the Department within the time limit set forth in the NOD or within 30 days of receipt of the NOD, if no time limit is set forth in the NOD. Failure to provide complete and adequate responses to an NOD with respect to application for a hazardous waste authorization within the time limit is a violation of this rule.

(7) Applicants for a hazardous waste permit shall include with Part II of their permit application all of the following information, as applicable, in addition to that required by the sections of 40 C.F.R. Part 270 adopted in subsection (1) of this rule.

(a) Owners or operators of facilities that store or propose to store containers of hazardous waste shall include a complete description of the procedures used to comply with 40 C.F.R. 264.171, 264.172 and 264.173.

(b) Owners or operators of facilities that use or propose to use tank systems for storage or treating hazardous waste shall include a copy of the complete plan describing their response to leaks or spills and disposition of leaking or unfit-for-use tank systems as required by 40 C.F.R. 264.196. For tank systems that do not meet the containment requirements of 40 C.F.R. 264.193, the application shall include a complete description of the leak test or other approved method used to comply with 40 C.F.R. 264.193(i)(1), (2) and (3).

(c) Owners or operators of facilities that treat or dispose of hazardous waste in land treatment units or propose the use of land treatment units shall include:

1. A complete description of an unsaturated zone monitoring program that complies with 40 C.F.R. 264.278; and,

2. A complete statement of how the recordkeeping requirements of 40 C.F.R. 264.279 will be met.

(d) Owners or operators of facilities that dispose or propose to dispose of hazardous waste in landfills shall include a complete description of how the surveying and recordkeeping requirements of 40 C.F.R. 264.309 will be met.

(e) The owners or operators of facilities that incinerate or propose to incinerate hazardous waste shall include a certification of the results of monitoring temperatures, waste feed rates, carbon monoxide, and an appropriate indicator of combustion gas velocity. The certification shall include a statement about the precision and accuracy of these measurements for any previously conducted trial burn.

(f) The owners or operators of facilities that treat, store, or dispose of hazardous waste in miscellaneous units or propose the use of miscellaneous units shall include a complete explanation of how the requirements of 40 C.F.R. 264.17 will be met if ignitable, reactive, or incompatible wastes are to be placed in the miscellaneous unit.

(g) Owners or operators of hazardous waste treatment, storage or disposal facilities that intend to operate a transfer facility at the facility shall submit information that demonstrates compliance with Rule 62-730.171, F.A.C., as part of the hazardous waste facility permit application which is described in Rule 62-730.220, F.A.C.

(8) All applications for an authorization shall be certified by the facility owner, facility operator, and real property owner. The determination of the proper person to sign applications as owner, operator and real property owner shall be made in accordance with the provisions of 40 C.F.R. 270.11.

(9) All applications, plans, specifications, certification of construction completion reports, and other related documents shall be certified by a professional engineer registered in the State of Florida, except as provided in subsection 62-4.050(3), F.A.C.

(10) All applications, plans, specifications and supporting documents, or any part thereof, which involve the practice of professional geology as defined in chapter 492, F.S., shall be certified by a professional geologist licensed by the State of Florida.

(11) All applications for hazardous waste authorizations, other than permits, shall include all the information required by this part and by Forms 62-730.900(2)(a), (c), and (d) as adopted in paragraph 62-730.220(2)(a), F.A.C. All applications for hazardous waste authorizations that include elements of a Part II permit application shall be submitted in the same format as the instructions provided by the Department. For example, the Closure Plan shall be in “Part II. K” of the application. Provide a header with the revision number, date and page number on each page of the application. Applications (or revised pages to applications) shall include an index page which indicates all the items being certified by a professional engineer.

Rulemaking Authority 403.061, 403.087, 403.704, 403.721, 403.722, 403.8055 FS. Law Implemented 403.151, 403.704, 403.707, 403.721, 403.722, 403.723, 403.727 FS. History–New 7-9-82, Amended 1-5-84, 8-19-84, 7-22-85, Formerly 17-30.22, Amended 9-23-87, 6-28-88, 12-12-88, Formerly 17-30.220, Amended 8-13-90, 9-10-91, 10-14-92, 10-7-93, Formerly 17-730.220, Amended 1-5-95, 4-30-97, 8-19-98, 2-4-00, 12-20-00, 8-1-02, 10-1-04, 1-29-06, 4-6-06, 5-1-07, 4-25-08, 5-8-09, 10-12-11, 4-23-13, 4-5-16, 6-18-18, 6-26-19, 11-13-19, 10-30-20.