Florida Regulations 62-528.400: General Prohibition of Hazardous Waste Injection
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(1) The injection of hazardous waste through any well or septic system is prohibited except for those Class I wells permitted to inject hazardous waste as of January 1, 1992, or as provided in paragraph (2) below.
(2) If a waste being injected into a Class I well is subsequently determined to be a hazardous waste because the definition of a hazardous waste in Fl. Admin. Code Chapter 62-730, has been revised, the Department shall initiate modification procedures under Fl. Admin. Code R. 62-4.080, and the permittee shall cease injection into the well upon modification of the permit, unless the waste has been rendered non-hazardous prior to injection. However, if state or federal law or regulation otherwise prohibits continued injection, the Department shall revoke the permit. The conditions of paragraphs (a) through (c) below shall be met during the interim period before the permit in effect expires:
(a) The fluid injected shall not exceed the volume permitted on the date that the waste was determined to be hazardous;
(b) The acidity or alkalinity of the waste stream as measured by pH shall not exceed the limits permitted on the date the injection fluid was determined to be a hazardous waste; and
(c) Concentrations of hazardous constituents in the waste stream shall not increase over those levels permitted on the date the injection fluid was determined to be a hazardous waste. If the concentrations of hazardous constituents are not specified in the permit, the allowable concentration shall be specified by the Department, as described in subsection 62-528.100(2), F.A.C., based on those concentrations present in the waste stream prior to the date the injection fluid was determined to be a hazardous waste.
(3) All hazardous waste injection wells permitted by the Department under the provisions of subsections (1) or (2) above shall be regulated by the Department in accordance with, and maintain compliance with, the provisions of 40 C.F.R. § part 146, Subpart G (1994), “”Criteria and Standards Applicable to Class I Hazardous Waste Wells”” and shall be regulated by the U.S. EPA in accordance with 40 C.F.R. § part 148 (1994), “”Hazardous Waste Injection Restrictions.”” When applicable, the requirements of 40 C.F.R. § part 144.14 (1994) shall also apply.
(4) No permit shall be renewed or the expiration date extended for any well permitted to receive hazardous waste under the provisions of subsection (2) above unless the waste has been rendered non-hazardous prior to injection.
(5) For each facility permitted under the provisions of subsection (2) above, the permittee shall submit a plan which describes the following:
(a) The process by which the waste will be rendered non-hazardous; or
(b) The alternative disposal method which is to be used in lieu of injection and the method which is to be used to properly plug and abandon the injection well pursuant to Fl. Admin. Code R. 62-528.435
(6) The permittee shall submit the plan required by subsection (5) above to the Department within 180 days of the date that the injection fluid was determined to be a hazardous waste.
Specific Authority 373.309, 403.061, 403.087, 403.704, 403.721 FS. Law Implemented 373.308, 403.021, 403.061, 403.062, 403.087, 403.161, 403.702, 403.721, 403.7222 FS. History-New 5-8-85, Formerly 17-28.20, Amended 4-27-89, Formerly 17-28.200, 62-28.200, Amended 8-10-95, 6-24-97.
(2) If a waste being injected into a Class I well is subsequently determined to be a hazardous waste because the definition of a hazardous waste in Fl. Admin. Code Chapter 62-730, has been revised, the Department shall initiate modification procedures under Fl. Admin. Code R. 62-4.080, and the permittee shall cease injection into the well upon modification of the permit, unless the waste has been rendered non-hazardous prior to injection. However, if state or federal law or regulation otherwise prohibits continued injection, the Department shall revoke the permit. The conditions of paragraphs (a) through (c) below shall be met during the interim period before the permit in effect expires:
(a) The fluid injected shall not exceed the volume permitted on the date that the waste was determined to be hazardous;
(b) The acidity or alkalinity of the waste stream as measured by pH shall not exceed the limits permitted on the date the injection fluid was determined to be a hazardous waste; and
(c) Concentrations of hazardous constituents in the waste stream shall not increase over those levels permitted on the date the injection fluid was determined to be a hazardous waste. If the concentrations of hazardous constituents are not specified in the permit, the allowable concentration shall be specified by the Department, as described in subsection 62-528.100(2), F.A.C., based on those concentrations present in the waste stream prior to the date the injection fluid was determined to be a hazardous waste.
(3) All hazardous waste injection wells permitted by the Department under the provisions of subsections (1) or (2) above shall be regulated by the Department in accordance with, and maintain compliance with, the provisions of 40 C.F.R. § part 146, Subpart G (1994), “”Criteria and Standards Applicable to Class I Hazardous Waste Wells”” and shall be regulated by the U.S. EPA in accordance with 40 C.F.R. § part 148 (1994), “”Hazardous Waste Injection Restrictions.”” When applicable, the requirements of 40 C.F.R. § part 144.14 (1994) shall also apply.
(4) No permit shall be renewed or the expiration date extended for any well permitted to receive hazardous waste under the provisions of subsection (2) above unless the waste has been rendered non-hazardous prior to injection.
(5) For each facility permitted under the provisions of subsection (2) above, the permittee shall submit a plan which describes the following:
(a) The process by which the waste will be rendered non-hazardous; or
(b) The alternative disposal method which is to be used in lieu of injection and the method which is to be used to properly plug and abandon the injection well pursuant to Fl. Admin. Code R. 62-528.435
(6) The permittee shall submit the plan required by subsection (5) above to the Department within 180 days of the date that the injection fluid was determined to be a hazardous waste.
Specific Authority 373.309, 403.061, 403.087, 403.704, 403.721 FS. Law Implemented 373.308, 403.021, 403.061, 403.062, 403.087, 403.161, 403.702, 403.721, 403.7222 FS. History-New 5-8-85, Formerly 17-28.20, Amended 4-27-89, Formerly 17-28.200, 62-28.200, Amended 8-10-95, 6-24-97.