62-730.240. Operation Permits

(1) No person shall begin operation of a hazardous waste facility without applying for and receiving an operation permit from the Department. Application for operation permits shall be made on DEP Forms 62-730.900(2)(a), (c) and (d) as adopted in paragraph 62-730.220(2)(a), F.A.C.

(2)(a) The period of operation includes the closure period.

(b) No later than 180 days before the date upon which the owner or operator expects to begin closure of the facility, the owner or operator shall apply for any modification of the operation permit necessary to detail, supplement, amend, revise, update or complete any approved closure plan.

(3) Within 60 days of completion of closure, the owner or operator of the hazardous waste facility shall submit to the Department a certification that the facility has been closed in accordance with the specifications in the closure plan. The certification shall be signed by both the owner or operator of the hazardous waste facility and an independent registered professional engineer.

(4) In the event that the owner or operator of a permitted hazardous waste management unit is unable to clean close the unit without controls within the time limits allowed by the operation permit, all postclosure care and/or corrective action requirements shall apply to the unit which will be called a “postclosure unit”. If the operation permit authorizes operation of hazardous waste management units other than the postclosure unit, the owner or operator shall apply for modification or renewal of the operation permit to include postclosure and/or corrective action conditions applicable to the postclosure unit. If the only units authorized by the operation permit are postclosure units (or units that have been clean closed without controls, in addition to the postclosure unit), the owner or operator must obtain a postclosure and/or corrective action permit from the Department.

(5) Facilities which are closing under 40 CFR Part 264 standards [as adopted in subsection 62-730.180(1), F.A.C.] which have not been required to meet performance standards for new landfills, shall not be required to meet the double liner and leachate collection requirement of 40 CFR Part 264 Subpart N at closure.

(6) Hazardous waste facilities that are issued an operation permit shall comply with 40 CFR Part 264 standards [as adopted in subsection 62-730.180(1), F.A.C.], except for hazardous waste management units for which no 40 CFR Part 264 standards have been adopted in which case 40 CFR Part 265 standards [as adopted in subsection 62-730.180(2), F.A.C.] shall apply.

(7) Operation permits shall be issued for up to five years and shall be renewable. Operation permits shall not be issued for less than five years without cause.

Rulemaking Authority 403.087, 403.704, 403.707, 403.721, 403.722 FS. Law Implemented 403.704, 403.707, 403.721, 403.722 FS. History–New 7-9-82, Formerly 17-30.24, Amended 9-23-87, Formerly 17-30.240, Amended 9-10-91, 10-14-92, Formerly 17-730.240, Amended 1-29-06, 4-23-13.