Effective date: 2/15/2015
(1) Long-term care period. The owner or operator of any landfill which receives wastes after January 6, 1993, shall continue to monitor and maintain the integrity and effectiveness of the final cover as well as other appurtenances of the facility, control erosion, fill subsidences, comply with the water quality monitoring plan, maintain the leachate collection system, measure volumes of leachate removed, and maintain the stormwater system, in accordance with an approved closure plan for 30 years from the official date of closing. Before the expiration of the long-term care monitoring and maintenance period, the Department may extend the time period if the closure design or closure operation plan is found to be ineffective, or if the permittee has not performed all required monitoring and maintenance. For purposes of this subsection, “ineffective” means that:
Terms Used In Florida Regulations 62-701.620
- Active life: means the operating life of a facility as estimated in the permit application, but does not include the long-term care period. See Florida Regulations 62-701.200
- Closing: means the time at which a solid waste management facility ceases to accept wastes, and includes those actions taken by the owner or operator of the facility to prepare the facility for any necessary monitoring and maintenance after closing. See Florida Regulations 62-701.200
- Closure: means the cessation of operation of a solid waste management facility and the act of securing such a facility so that it will pose no significant threat to human health or the environment. See Florida Regulations 62-701.200
- Department: means the State of Florida Department of Environmental Protection. See Florida Regulations 62-701.200
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Facility: means all contiguous land and structures, other appurtenances, and improvements on the land used for solid waste management. See Florida Regulations 62-701.200
- Fill: means man-made deposits of earth or waste materials used to fill excavations, to increase the vertical or horizontal extent of land or solid waste disposal units, or to build embankments. See Florida Regulations 62-701.200
- Final cover: means the materials used to cover the top and sides of a landfill when fill operations cease. See Florida Regulations 62-701.200
- Ground water: means water beneath the surface of the ground within a zone of saturation, whether or not it is flowing through known and definite channels. See Florida Regulations 62-701.200
- Landfill: means a solid waste disposal facility, which is an area of land or an excavation where wastes are or have been placed for disposal, for which a permit, other than a general permit, is required by section 403. See Florida Regulations 62-701.200
- Leachate: means liquid that has passed through or emerged from solid waste and may contain soluble, suspended or miscible materials. See Florida Regulations 62-701.200
- Objectionable odors: has the meaning given that term in rule 62-210. See Florida Regulations 62-701.200
- Operator: means any person, including the owner, who is principally engaged in, and is in charge of, the actual operation, supervision, and maintenance of a solid waste management facility. See Florida Regulations 62-701.200
- Professional engineer: means an engineer licensed in the State of Florida in accordance with chapter 471, F. See Florida Regulations 62-701.200
- Reasonable assurance: means the existence of a substantial likelihood, although not an absolute guarantee, that the proposed activity will be successfully implemented and the proposed activity and applicant will comply with applicable agency rules, laws, orders and permit conditions. See Florida Regulations 62-701.200
- Site: means the area of land or water within the property boundaries of a solid waste management facility where one or more solid waste processing, resource recovery, recycling, storage, or disposal areas are located. See Florida Regulations 62-701.200
- Solid waste: means : sludge that is not regulated under the federal Clean Water Act or Clean Air Act, as well as sludge from a waste treatment works, water supply treatment plant, or air pollution control facility; or garbage, rubbish, refuse, special waste, or other discarded material, including solid, liquid, semi-solid, or contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural, or governmental operations. See Florida Regulations 62-701.200
- Solid waste management: means the process by which solid waste is collected, transported, stored, separated, processed, or disposed of in any other way, according to an orderly, purposeful, and planned program which includes closure. See Florida Regulations 62-701.200
- Stabilized: means that biological and chemical decomposition of the wastes has ceased or diminished to a level so that such decomposition no longer poses a pollution, health, or safety hazard. See Florida Regulations 62-701.200
(b) The gas monitoring system indicates that the landfill continues to produce gas in amounts that may be expected to exceed the concentrations of combustible gases allowed in paragraph 62-701.530(1)(a), F.A.C.;
(c) Significant subsidence of waste has not ceased, or
(d) The final cover does not have well established vegetation or is showing signs of continuing significant erosion problems.
(2) Permit for long-term care. Long-term care shall be conducted in accordance with a closure permit. Closure permits involving only long-term care shall be issued with a duration of ten years unless the owner or operator specifically requests a shorter duration. If a shorter duration is requested, the permit fee shall be prorated.
(3) Reduced long-term care period. The owner or operator of a landfill may apply to the appropriate District Office of the Department for a permit modification to reduce the long-term care period or eliminate some aspects of long-term care.
(a) The Department will grant such modification if reasonable assurance is provided to the Department that there is no threat to human health or the environment and if the landfill:
1. Has been constructed and operated in accordance with approved standards,
2. Was closed with appropriate final cover, vegetative cover has been established, and a monitoring system has been installed,
3. Has a 10-year history after closure of no violations of water quality standards or criteria detected in the monitoring system, and no increases over background water for any monitoring parameters which may be expected to result in violations of water quality standards or criteria; and,
4. Has had no detrimental erosion of cover, and subsidence of waste has ceased.
(b) The Department will grant such modification for a portion of a landfill if reasonable assurance is provided to the Department that it was closed in accordance with the requirements of paragraph 62-701.600(8)(b), F.A.C., prior to February 15, 2015. The requirements of subsection 62-701.600(7), F.A.C., shall not apply to that portion of the landfill until the entire landfill is closed.
(4) Modified water quality monitoring plan.
(a) The owner or operator of a landfill may apply for a modification to its water quality monitoring plan to remove a parameter from the list specified in subsection 62-701.510(7), F.A.C. The Department will grant such modification upon a demonstration that ground water, and surface water if required, have consistently been sampled and analyzed for the parameter, and that the parameter has never been detected in any ground water well or surface water point during the active life of the landfill.
(b) The owner or operator may apply for a modification of its water quality monitoring plan to reduce or eliminate the frequency of monitoring. The Department will grant such a modification upon a demonstration that there have been no violations of water quality standards or criteria detected in the monitoring system after final closure, and that sufficient time has passed so that any leachate escaping the landfill since final closure would be expected to have reached the monitoring well system.
(5) Gas monitoring. The gas collection and monitoring system required in paragraph 62-701.600(4)(f), F.A.C., shall be maintained for the long-term care period of the landfill. The owner or operator of a landfill may apply for a permit modification to reduce or eliminate the frequency of monitoring. The Department will grant such a modification if the applicant demonstrates that the landfill has stabilized to the point where there is no significant production of combustible gases or objectionable odors.
(6) Stabilization report. Every five years after issuance of a permit for long-term care, the permittee shall submit a report to the Department that addresses stabilization of the landfill. The submittal shall include the technical report required in paragraph 62-701.510(8)(b), F.A.C., and shall also address subsidence, barrier layer effectiveness, storm water management, and gas production and management. For lined landfills, the submittal shall also address leachate collection and removal system effectiveness, and leachate quantity.
(7) Right of access. The landfill owner or operator shall possess or acquire a sufficient interest in, or a right to use, the property for which a permit is issued, including the access route onto the property to carry out the requirements of this rule. The permittee shall retain the right of entry to the landfill property for the long-term care period, after termination of solid waste operations, for inspection, monitoring and maintenance of the site.
(8) Replacement of monitoring devices. If a monitoring well or other device required by the monitoring plan is destroyed or fails to operate for any reason, the landfill owner or operator shall, immediately upon discovery, notify the Department in writing. All inoperative monitoring devices shall be replaced with functioning devices within 60 days of the discovery of the malfunctioning unit unless the landfill owner or operator is notified otherwise in writing by the Department.
(9) Following completion of the long-term care period for each solid waste management unit, the owner or operator shall notify the Department that a certification, signed and sealed by a professional engineer, verifying that long-term care has been completed in accordance with the closure plan has been placed in the operating record.
Rulemaking authorized by Florida Statutes § 403.704. Law Implemented 403.703(5), 403.704, 403.707 FS. History—New 7-1-85, Formerly 17-7.075, 17-701.075, Amended 1-6-93, 1-2-94, 5-19-94, Formerly 17-701.620, Amended 5-27-01, 1-6-10, 8-12-12, 2-15-15.