Effective date: 3/13/2016
Terms Used In Florida Regulations 62-701.730
- 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
- CCA treated wood: means lumber, timber, or plywood treated with chromated copper arsenate. See Florida Regulations 62-701.200
- Class III waste: means yard trash, construction and demolition debris, processed tires, asbestos, carpet, cardboard, paper, glass, plastic, furniture other than appliances, or other materials approved by the Department, that are not expected to produce leachate that poses a threat to public health or the environment. See Florida Regulations 62-701.200
- Clean debris: means any solid waste that is virtually inert, is not a pollution threat to ground water or surface waters, is not a fire hazard, and is likely to retain its physical and chemical structure under expected conditions of disposal or use. 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
- Construction and demolition debris: means discarded materials generally considered to be not water soluble and non-hazardous in nature, including but not limited to steel, glass, brick, concrete, asphalt material, pipe, gypsum wallboard, and lumber, from the construction or destruction of a structure as part of a construction or demolition project or from the renovation of a structure, including such debris from construction of structures at a site remote from the construction or demolition project site. See Florida Regulations 62-701.200
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Department: means the State of Florida Department of Environmental Protection. See Florida Regulations 62-701.200
- Design period: means the operating life of the solid waste management facility plus any long-term care period after closing. 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.
- Disposal: means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste into or upon any land or water so that such solid waste or any constituent thereof may enter other lands or be emitted into the air or discharged into any waters, including ground waters, or otherwise enter the environment. See Florida Regulations 62-701.200
- 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
- Generation: means the act or process of producing solid waste. See Florida Regulations 62-701.200
- Geomembrane: means a low-permeability synthetic membrane used as an integral part of a system designed to limit the movement of liquid or gas in the system. 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
- Hazardous waste: means a solid waste regulated by the Department as a hazardous waste pursuant to chapter 62-730, F. See Florida Regulations 62-701.200
- HDPE: means high density polyethylene. See Florida Regulations 62-701.200
- Initial cover: means a 6-inch layer of compacted earth, used to cover an area of solid waste before placement of additional waste, intermediate cover, or final cover. See Florida Regulations 62-701.200
- Intermediate cover: means a layer of compacted earth at least one foot in depth applied to a solid waste disposal unit. 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
- Lateral expansion: means any horizontal increase in the dimensions of the waste boundary of an existing solid waste disposal unit. 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
- Lift: means a completed horizontal series of cells. See Florida Regulations 62-701.200
- Liner: means a continuous layer of low-permeability natural or synthetic materials, under the bottom and sides of a landfill, solid waste disposal unit, or leachate surface impoundment, which controls the downward or lateral escape of waste constituents, or leachate. See Florida Regulations 62-701.200
- Liner system: means a system of leachate collection and liner layers comprised of natural or synthetic materials installed between the subgrade and the waste for the purpose of containing the waste and collecting and removing leachate. See Florida Regulations 62-701.200
- Local government: means any municipality, county, district, or authority, or any agency thereof, or a combination of two or more of the foregoing when acting jointly in connection with a project, which has jurisdiction over the collection, recycling, disposal or treatment of solid waste. See Florida Regulations 62-701.200
- Materials recovery: means any process by which one or more of the various components in solid waste is separated and concentrated for reuse. See Florida Regulations 62-701.200
- Monitoring wells: means strategically located wells from which water samples are drawn for water quality analysis. See Florida Regulations 62-701.200
- Objectionable odors: has the meaning given that term in rule 62-210. See Florida Regulations 62-701.200
- Onsite: means on the same or geographically contiguous property, which may be divided by a public or private right-of-way. 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
- Person: means any and all persons, natural or artificial, including any individual, firm, or association; any municipal or private corporation organized or existing under the laws of Florida or any other state; any county of this state; and any governmental agency of this state or the Federal Government. See Florida Regulations 62-701.200
- Processing: means any technique designed to change the physical, chemical, or biological character or composition of any solid waste so as to render it safe for transport, amenable to recovery, storage or recycling; safe for disposal; or reduced in volume or concentration. 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
- Putrescible waste: means solid waste that contains organic matter capable of being decomposed by microorganisms and of such a character and proportion as to be capable of attracting or providing food for birds. 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
- Recovered materials: means metal, paper, glass, plastic, textile, or rubber materials that have known recycling potential, can be feasibly recycled, and have been diverted and source separated or have been removed from the solid waste stream for sale, use, or reuse as raw materials, whether or not the materials require subsequent processing or separation from each other, but does not include materials destined for any use that constitutes disposal. See Florida Regulations 62-701.200
- Recyclable material: means those materials which are capable of being recycled and which would otherwise be processed or disposed of as solid waste. See Florida Regulations 62-701.200
- Recycling: means any process by which solid waste, or materials which would otherwise become solid waste, are collected, separated, or processed and reused or returned to use in the form of raw materials or products. 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 disposal facility: means any solid waste management facility which is the final resting place for solid waste, including landfills and incineration facilities that produce ash from the process of incinerating municipal solid waste. See Florida Regulations 62-701.200
- Solid waste disposal unit: means a discrete area of land used for the disposal of solid waste. See Florida Regulations 62-701.200
- Subgrade: means soils native to or imported to a site, or other materials authorized by a Department permit or this chapter, which may be graded and compacted before a landfill liner system is constructed over them. See Florida Regulations 62-701.200
- Unauthorized waste: means any type of waste that is not allowed to be accepted or managed at a solid waste management facility in accordance with rule or statutory requirements or permit conditions. See Florida Regulations 62-701.200
- Working face: means that portion of a solid waste disposal unit where waste is deposited, spread, and compacted before placement of initial cover. See Florida Regulations 62-701.200
- Yard trash: means vegetative matter resulting from landscaping maintenance or land clearing operations and includes materials such as tree and shrub trimmings, grass clippings, palm fronds, trees and tree stumps, and associated rocks and soils. See Florida Regulations 62-701.200
(b) After the applicable compliance deadline specified above, facilities shall operate only in accordance with the provisions of this section. However, any disposal unit that received a significant amount of waste in accordance with the conditions of its permit prior to the applicable compliance deadline is not required to comply with any siting or construction design requirements of this chapter that were not in effect prior to the applicable compliance deadline. For purposes of this subsection:
1. A “significant amount of waste” means that the disposal unit has received sufficient waste for disposal, in accordance with its normal operational plan, so that it is impractical to remove that waste or to relocate or reconstruct the disposal unit.
2. “Siting or construction design requirements” do not include the hydrogeological investigation required by subparagraph 62-701.730(2)(a)3., F.A.C., or the water quality monitoring plan required by subsection 62-701.730(8), F.A.C.
(2) Application. A permit application for an off-site construction and demolition debris disposal facility, disposal unit, or lateral expansion shall be submitted on Form 62-701.900(6), Application to Construct, Operate, or Modify a Construction and Demolition Debris Disposal or Disposal with Recycling Facility, http://www.flrules.org/Gateway/reference.asp?No=Ref-05029, effective date June 11, 2015, 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. The application shall be in conformance with the requirements of subsections 62-701.320(5), (6), (7), and paragraph (8)(a), F.A.C. All applications shall include the information in paragraphs (b) through (f), of this subsection, and applications to construct or laterally expand a disposal unit shall also include the information in paragraph (a), of this subsection.
(a) An engineering report, signed and sealed by a professional engineer, that includes:
1. A site plan, of a scale not greater than 200 feet to the inch, which shows the project location and identifies the proposed disposal units, total acreage of the site and of the proposed disposal units, and any other relevant features such as water bodies or wetlands on or within 200 feet of the site, and potable water wells on or within 500 feet of the site,
2. A geotechnical investigation which meets the criteria of rule 62-701.410, F.A.C.,
3. A hydrogeological investigation which meets the criteria of paragraphs 62-701.410(2)(a), (c) and (d), F.A.C.,
4. An estimate of the planned active life of the facility, the design of the disposal areas, the final design height of the facility, and the maximum height of the facility during its operation,
5. Documentation that the facility location will comply with the requirements of paragraphs 62-701.730(4)(c) and (d), F.A.C.
(b) A boundary survey, legal description, and topographic survey of the property;
(c) An operation plan which describes how the applicant will comply with subsection 62-701.730(7), F.A.C., which must include procedures for emergency preparedness and response as required in subsection 62-701.320(16), F.A.C.;
(d) A closure plan that describes how the applicant will comply with subsections 62-701.730(9) and (10), F.A.C.;
(e) The financial assurance documentation required by subsection 62-701.730(11), F.A.C.; and,
(f) The CCA treated wood management plan as required in subsection 62-701.730(20), F.A.C.
(3) Certification. Certification of construction completion shall be done in accordance with paragraph 62-701.320(9)(b), F.A.C.
(4) General requirements. Except as specified in this section, the requirements of rules 62-701.330 through 62-701.630, F.A.C., do not apply to construction and demolition debris disposal facilities.
(a) No solid waste other than construction and demolition debris shall be disposed of at a construction and demolition debris disposal facility.
(b) Waste material from a waste processing facility which is mixed with Class I or Class III waste, either before or after processing, is not considered construction and demolition debris and may not be accepted for disposal at a construction and demolition debris disposal facility.
(c) No solid waste disposal unit shall be located in the 100-year floodplain where it will restrict the flow of the 100-year flood, reduce the temporary water storage capacity of the floodplain unless compensating storage is provided, or result in a washout of solid waste.
(d) For an above-grade disposal facility, the minimum horizontal separation between the waste disposal area and the site property boundary shall be 100 feet, measured from the toe of the proposed final cover slope.
(e) The horizontal boundaries of the waste disposal area authorized in the construction or operation permit shall be clearly delineated with permanent or semi-permanent markers, such as bollards, posts, fencing, or signs, so that the operators can determine on a daily basis whether or not the facility is exceeding its permitted dimensions.
(5) Stormwater. For aboveground disposal units, the design of any features intended to convey stormwater to a permitted or exempted treatment system shall be included in the solid waste construction permit.
(6) Design requirements.
(a) Each new disposal unit, as well as each lateral expansion of an existing disposal unit, that has not received a Department permit authorizing construction or operation prior to July 1, 2010, shall be constructed with a liner and leachate collection system, unless the applicant demonstrates, based upon the types of waste received, methods for controlling the types of waste disposed of, the proximity of ground water and surface water, and the results of the hydrogeological and geotechnical investigations including any ground water monitoring analyses, the operation of the facility is not expected to result in violations of ground water standards and criteria otherwise.
(b) The liner system shall consist of at least a single 60-mil minimum average thickness HDPE geomembrane. In the sumps located inside the disposal facility footprint and in the leachate collection trenches, the geomembrane shall be placed on a GCL with a saturated hydraulic conductivity of less than or equal to 1 x 10-7 cm/sec, or on a compacted clay liner which is a minimum six inches thick with a saturated hydraulic conductivity of less than or equal to 1 x 10-7 cm/sec. The liner shall be placed on a prepared subgrade that will not damage the geomembrane liner or the GCL. A primary leachate collection and removal system and a drainage layer shall be installed above the geomembrane liner. Except in sumps and leachate collection trenches, the system shall be designed to limit leachate head above the liner during routine facility operation after placement of initial cover to no greater than 12 inches. The liner system and leachate collection system must be constructed in accordance with the requirements of paragraphs 701.400(3)(a), (d), (e), and (f), and subsections 62-701.400(4), (7), and (8), F.A.C. Any alternative liner system shall be approved only in accordance with the provisions of rule 62-701.310, F.A.C.
(c) Leachate shall be managed in accordance with subsection 62-701.500(8), F.A.C. Any leachate storage tanks or surface impoundments constructed or operated at the facility shall comply with the requirements of subsection 62-701.400(6), F.A.C.
(7) Operation requirements. Owners and operators of construction and demolition debris disposal facilities shall comply with the following requirements:
(a) An operation plan describing the facility operations and maintenance, emergency and contingency plans, and types of equipment that will be used shall be kept at the facility at all times and made available for inspection. The operation plan shall describe the method and sequence of filling waste and shall state the maximum allowed lift depth. Lift depth shall not exceed 10 feet unless authorized in the operation plan. Lift depths greater than 10 feet may be allowed depending on specific operations, daily volume of waste, width of working face, and good safety practices. All activities at the facility shall be performed in accordance with this plan and the permit conditions. The plan shall be updated as operations change but no less frequently than every five years. The operation permit shall be modified to reflect any substantive changes to the plan, other than those required for routine maintenance.
(b) Construction and demolition debris shall be compacted and sloped during the life of the facility to assure that the requirements of subsection (9) of this rule can be met. A schedule for compaction and grading shall be included in the operation plan. The external slopes of all disposal units shall be no greater than three feet horizontal to one foot vertical rise. The working face and internal slopes of all disposal units shall not be greater than three feet horizontal to one foot vertical rise unless reasonable assurance is provided in the operation plan that fires can be controlled in steeply sloped areas.
(c) Access to the disposal facility shall be controlled during the design period of the facility by fencing or other effective barriers to prevent disposal of solid waste other than construction and demolition debris. Signs indicating the name of the operating authority, traffic flow, hours of operations and restrictions or conditions of disposal shall be posted.
(d) Operators and spotters employed at the facility shall be properly trained in accordance with subsection 62-701.320(15), F.A.C. A trained operator shall be on duty at the facility at all times that the facility is operating. In addition, a sufficient number of spotters shall be on duty at the working face to inspect the incoming waste at all times waste is being accepted at the site. Waste shall be inspected after it is removed from the transport vehicle and prior to placement for final disposal. Any unauthorized waste shall be removed from the waste stream and placed into appropriate containers or secure storage areas for disposal or recycling at a facility authorized by the Department to receive such waste.
(e) The facility shall be operated to control objectionable odors in accordance with subsection 62-296.320(2), F.A.C. If objectionable odors are detected off-site, the owner or operator shall comply with the requirements of paragraph 62-701.530(3)(b), F.A.C.
(f) Fuels, solvents, lubricants, and other maintenance materials shall be stored in secure areas separate from the disposal or sorting areas.
(g) Plastic buckets may be accepted at the facility unless they contain liquids other than water when they arrive; however, they may contain hardened paint, tar, cement or similar non-hazardous materials.
(h) Carpet remnants that are from a construction or demolition project or from a carpet manufacturer may be accepted at the facility.
(i) CCA treated wood shall be managed as provided in subsection (20) of this rule.
(j) If any regulated hazardous wastes are discovered to be improperly deposited at the facility, the facility operator shall promptly notify the Department, the person responsible for shipping the wastes to the facility, and the generator of the wastes, if known. The area where the wastes are deposited shall immediately be cordoned off from public access. If the generator or hauler cannot be identified, the facility operator shall assure the cleanup, transportation, and disposal of the waste at a permitted hazardous waste management facility.
(k) The owner or operator shall make arrangements or shall have equipment for temporary storage, handling and transport to an authorized disposal or recycling facility for solid waste, other than construction and demolition debris, that is inadvertently accepted by the facility. Such solid waste that is accepted by the facility shall be segregated and disposed of in accordance with chapter 62-701, F.A.C. Unless an alternate schedule is included in an operation plan submitted with the permit application, which provides for the control of odors and vectors, putrescible waste shall not be stored for longer than 48 hours and non-putrescrible waste shall not be stored for longer than 30 days. Any hazardous waste that is received by the facility shall be managed in accordance with the provisions of chapter 62-730, F.A.C.
(l) If a disposal unit is constructed with a liner and leachate collection system, the first layer of waste placed above the liner shall be a minimum of four feet in compacted thickness and consist of selected wastes containing no large rigid objects that may damage the liner or leachate collection system.
(8) Water quality monitoring. A water quality monitoring plan that meets the criteria set forth in rule 62-701.510 and chapter 62-520, F.A.C., shall be included with the permit application. This plan shall be implemented and maintained by the owner or operator, and shall include provisions to provide the reports required by subsection 62-701.510(8), F.A.C., with the following exceptions:
(a) Unless a disposal unit is constructed or operated within 200 feet of a surface water body, or unless site-specific conditions could reasonably be expected to result in contaminants entering a surface water body, surface water sampling is not required. For purposes of this paragraph, a surface water body does not include a body of water contained completely within the property boundaries of the disposal site that does not discharge from the site to surface waters.
(b) The well spacing requirements of subparagraph 62-701.510(3)(d)3., F.A.C., do not apply. A minimum of one upgradient and two downgradient wells is required, as specified in chapter 62-520, F.A.C.
(c) Detection wells, and compliance wells if applicable, shall be sampled and analyzed at least semi-annually for the following parameters:
Total dissolved solids (TDS)
Colors and sheens
Total ammonia “‘ N
Those parameters listed in EPA Methods 601 and 602
(d) Background water quality shall be established in accordance with the provisions of paragraph 62-701.510(5)(b), F.A.C., except that the analysis shall also include sulfate and aluminum. In addition, all background and detection wells shall be sampled and analyzed at least once every five years for those parameters listed in paragraph 62-701.510(7)(a), F.A.C., as well as sulface and aluminum.
(e) The owner or operator of the facility may request a permit modification from the appropriate District Office of the Department to delete specific laboratory parameters or field parameters from routine analyses of detection or compliance wells and surface water. The Department will grant a request for a permit modification upon a demonstration that these parameters are not reasonably expected to be in or derived from the waste which ws received or disposed of at the facility.
(f) If monitoring parameters are detected in monitoring wells in concentrations which are significantly above background water quality, or which are at levels above the Department’s water quality standards or criteria specified in chapter 62-520, F.A.C., the provisions of subsection 62-701.510(6), F.A.C., shall apply.
(a) At least 90 days prior to the date when wastes will no longer be accepted, the owner or operator of the construction and demolition debris disposal facility shall submit an updated closure plan to the Department to reflect any changes in the closure plan due to actual operational conditions at the facility. If unforeseen circumstances do not allow the notification within 90 days prior to ceasing to receive wastes, then notice shall be provided as soon as the need to close the facility becomes apparent. The updated and approved closure plan shall be incorporated into and made part of the permit.
(b) Final cover and seeding or planting of vegetative cover shall be placed on each disposal unit within 180 days after it has reached its final grade or ceased receiving wastes. Final cover shall consist of a 24-inch-thick soil layer, or a 30-inch thick layer consisting of approximately 50 percent soil and 50 percent ground or chipped yard trash by volume, the upper six inches of which shall be capable of supporting vegetation, and shall be graded and compacted as necessary to eliminate ponding, promote drainage, and minimize erosion. If any disposal unit has been constructed with a liner system, the final cover must include a barrier layer with a permeability that is substantially equivalent to, or less than, the permeability of the bottom liner system or meets the alternative barrier layer design requirements in subparagraph 62-701.600(3)(g)6., F.A.C. The side slopes of all above-grade disposal units shall be no greater than three feet horizontal to one foot vertical rise. If the disposal unit is lined, the closure design shall include a barrier layer or other measures to ensure that the design leachate head over the liner is not exceeded after closure. The final cover shall be vegetated to control erosion. Disposal units that are aboveground shall be designed to control the flow of stormwater, such as building reverse sloping benches or terraces into the side slopes of the disposal units and shall contain down slope drainage ways with water flow energy dissipaters unless reasonable assurance is provided that adequate erosion control will be achieved in the absence of such measures.
(c) Any disposal unit designed with a geomembrane as part of the barrier layer shall have a gas management system installed during closure that is designed to reduce gas pressure in the interior of the disposal unit and to prevent failure of the final cover. The gas management system may be active or passive. An active system shall be designed and operated in a manner that prevents intrusion of ambient air into the disposal unit.
(d) Placement of final cover may be delayed if additional waste will be deposited on the disposal unit within five years, but only if the disposal unit is temporarily closed in accordance with an approved closure plan. Conditions of temporary closure shall include:
1. The disposal unit was constructed in compliance with its permit conditions,
2. A schedule for temporary and final closure is shown in the closure plan,
3. Final cover is installed on side slopes of each completed disposal unit which will not receive additional waste,
4. Odors and runoff are controlled,
5. The closure cost estimate takes into account the costs of temporary closure as well as the costs of the final closure; and,
6. An intermediate cover is installed on the disposal unit within 30 days after the unit stops accepting waste. The intermediate cover may be removed before placing additional waste or installing final cover.
(e) The owner or operator shall provide a certification of closure construction completion to the Department within 30 days after closing, covering, and seeding the disposal unit. The owner or operator shall also provide a final survey report done by a professional surveyor, in accordance with paragraph 62-701.600(6)(b), F.A.C., if disposal operations have raised the final elevations higher than 20 feet above the natural land surface.
(f) Upon receipt and approval of the documents required in paragraph (d), of this subsection, the Department shall, within 30 days, acknowledge by letter that notice of termination of operations and closing of the facility has been received. The date of this letter shall be the official date of closing for the purpose of determining the long-term care period, in accordance with subsection 62-701.600(8), F.A.C.
(g) Declaration to the public. After closing operations are approved by the Department, the facility owner or operator shall file a declaration to the public in the deed records in the office of the county clerk of the county in which the facility is located. The declaration shall include a legal description of the property on which the facility is located and a site plan specifying the area actually filled with construction and demolition debris. The declaration shall also include a notice that any future owner or user of the site should consult with the Department prior to planning or initiating any activity involving the disturbance of the facility’s cover, monitoring system or other control structures. A certified copy of the declaration shall be filed with the Department.
(10) Long-term care. The owner or operator of the construction and demolition debris disposal facility 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, control objectionable odors, implement an odor remedication plan that meets the requirements of paragraph 62-701.530(3)(b), F.A.C., if required, and comply with the water quality monitoring plan for five years from the date of closing. Before the expiration of the long-term care monitoring and maintenance period, the Department may extend the time period if the water quality monitoring system indicates that the facility continues to impact water quality at concentrations which may be expected to result in violations of Department water quality standards or criteria; if site-specific conditions make it likely that any contamination that may emanate from the disposal area would not be detected within the long-term care period; if the final cover does not have well established vegetation or is showing signs of continuing significant erosion problems; or if the permittee has not performed all required monitoring or maintenance.
(11) Financial assurance.
(a) Closure cost estimates, estimate updates and financial mechanisms shall comply with the provisions of subsections 62-701.630(1) through (4), F.A.C., except that the cost of long-term care shall be based upon a five-year period, and the costs shall be based upon compliance with this section. Landfill shall mean facility.
(b) If a local government requires financial assurance for closure, which is at least as stringent as that required by this rule, the Department will attempt to establish a cooperative mechanism with the local government and thereby avoid duplicative financial requirements.
(c) Owners or operators of facilities that are required to undertake a corrective action program in accordance with paragraph 62-701.730(8)(f), F.A.C., shall submit proof of financial assurance to the Department in accordance with subsections 62-701.630(7), (8) and (9), F.A.C., no later than 120 days after the corrective action remedy has been selected.
(d) If long-term care is extended because the permittee has failed to perform all required monitoring and maintenance, during the long-term care period, financial assurance shall continue to be required during the extended long-term care. If the long-term care is extended for any other reason, financial assurance is not required during the extended long-term care period, except as may be required in paragraph (c), of this subsection.
(12) Annual Reports. The owner or operator of the facility shall submit an annual report to the Department on Form 62-701.900(7). This report shall include a summary of the amounts and types of wastes disposed of or recycled. The county of origin of materials that are recycled, or a statement that the county of origin is unknown, shall be included in the report. The report shall be submitted no later than February 1 of each year and shall cover the preceding calendar year.
(a) The owner or operator of a facility that accepts construction and demolition debris for disposal and that also recovers materials from the construction and demolition debris waste stream for purposes of recycling shall meet the requirements of this section as well as the requirements of rule 62-701.710, F.A.C. If there is a conflict between this section and rule 62-701.710, F.A.C., this section shall govern. It is not necessary for the owner or operator to apply for a separate permit as a waste processing facility or to pay an additional fee.
(b) The owner or operator of a facility that recovers materials from the construction and demolition debris waste stream for purposes of recycling but that does not dispose of any wastes on-site shall apply for a permit on Form 62-701.900(4), and shall comply with the provisions of rule 62-701.710, F.A.C.
(c) In order to reuse recovered screened material other than clean debris from the construction and demolition debris waste stream, an owner or operator shall demonstrate that this material will be managed and reused in a manner that will pose no significant threat to public health or the environment. In making this demonstration, the owner or operator may consider background levels of receiving soils, whether the material will be blended with other materials, and the likelihood that the material may have unlimited distribution or come into direct contact with the public. Examples of management practices which would not require analysis for health-based criteria include permanent encapsulation, use as initial or intermediate cover or subsurface construction at a permitted landfill, or use under at least two feet of clean cover material.
(d) Metal, paper, glass, plastic, textile, or rubber materials that have been diverted and source separated or have been removed from the construction and demolition debris waste stream for sale, use, or reuse as raw materials may be managed as recovered materials. Other materials that have been diverted and source separated or have been removed from the construction and demolition debris waste stream may be sold, used, or reused as raw materials upon a demonstration that the material will pose no significant threat to public health or the environment.
(e) The owner or operator of any permitted materials recovery or disposal facility that accepts dedicated loads of construction and demolition debris shall ensure that such materials are processed, to the extent economically feasible, to remove recyclable materials prior to disposal. The owner or operator of such a facility shall evaluate the economic feasibility of processing to remove recyclable materials prior to disposal, and shall certify that they have evaluated the economic feasibility for processing construction and demolition debris. The certification shall indicate the economic factors that were considered in the evaluation, the types of construction and demolition debris materials that were evaluated, and whether it was determined that processing to remove recyclable materials prior to disposal was economically feasible. The evaluation and certification shall be documented on Form 62-701.900(36), Certification of Economic Feasibility to Process C&D Debris Prior to Disposal, effective date March 13, 2016, http://www.flrules.org/Gateway/reference.asp?No=Ref-06527, 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 certification shall be completed no later than September 9, 2016 for existing facilities, or prior to operating a new facility on or after March 13, 2016. Thereafter, the evaluation and certification shall be completed at least annually. Where an owner or operator becomes aware of changed conditions that they believe warrant discontinuing processing to remove recyclable materials prior to disposal, the owner or operator may temporarily discontinue such processing for a period of up to 12 months; however, such changed conditions shall be incorporated in the next evaluation and certification on Form 62-701.900(36). Documentation of each evaluation and certification shall be kept at the facility and made available to the Department upon request, along with supporting documentation for the items considered in the course of the economic evaluation. If the owner or operator determines that it is economically feasible to process some or all of a material being accepted, but the material currently is not being processed, then such material shall be processed prior to disposal to remove the fraction of the recyclable material to the extent economically feasible no later than three months after completion of any process changes that were identified by the owner or operator as part of the associated economic feasibility evaluation. Reporting the amounts of any recovered materials separated from the waste stream shall continue to be provided in accordance with the requirements of chapter 62-722, F.A.C. Other than the referenced provisions of chapter 62-722, F.A.C., this paragraph does not apply to:
1. Recovered materials,
2. Materials that have previously been source-separated and offered for recycling,
3. Materials that have been previously processed to remove recyclable materials, or
4. Off-site disposal of yard trash authorized in accordance with rule 62-701.803, F.A.C.
(14) Incineration. A facility that employs an air curtain incinerator and that also stores or disposes of construction and demolition debris at the site shall meet the permitting requirements of rule 62-256.700, F.A.C., as well as this section.
(15) Clean debris. Clean debris may be used as fill or raw material in any area, including waters of the State, subject to receipt of an environmental resource permit from the Department where applicable. Clean debris used as fill material is not solid waste, and such use does not require a solid waste permit under this rule.
(16) Landfill disposal. Construction and demolition debris may be disposed of in a permitted landfill. However, each county must maintain segregated disposal areas for construction and demolition debris. The cover requirements for a segregated construction and demolition debris disposal area within a permitted landfill shall be those in subsection (9) of this rule. Landfills permitted in accordance with rule 62-701.330, F.A.C., which have construction and demolition debris disposal units or recycling facilities included as part of their permit conditions, are not required to submit separate permit applications or financial assurance documents under this section.
(17) Onsite disposal. Construction and demolition debris that is disposed of on the property where it is generated, or on property that is adjacent or contiguous to and under common ownership and control as that property where the waste is generated, is exempt from the requirements of this section and rule 62-701.330, F.A.C. However, such disposal is subject to the prohibitions of rule 62-701.300, F.A.C. All waste shall be inspected by the generator or a spotter prior to disposal, either at the point of generation or at the disposal site, to ensure that any unauthorized waste is removed from the waste stream prior to disposal and managed in accordance with Department rules. Final cover and seeding or planting of vegetative cover shall be placed on each disposal unit within 180 days after final receipt of waste. Final cover shall consist of a 24-inch-thick soil layer, the upper six inches of which shall be capable of supporting vegetation, and shall be graded and compacted as necessary to eliminate ponding, promote drainage, and minimize erosion. The side slopes of all above-grade disposal areas shall be no greater than three feet horizontal to one foot vertical rise.
(18) Disposal restrictions. Construction and demolition debris may be disposed of only in accordance with one of the methods authorized above. In addition, disposal areas shall be operated so that adverse environmental and public health impacts, such as blowing litter and vectors, are minimized. Upon discovery that a permitted facility has disposed of solid waste outside of its permitted dimensions, the owner or operator shall notify the Department within three working days of this discovery. If all waste is not relocated within the permitted dimensions of the facility within 30 days of discovery, upon order of the Department the facility shall not accept any waste until the facility is in compliance with its permitted dimensions.
(19) Asbestos waste disposal. Asbestos-containing waste materials regulated pursuant to 40 C.F.R. Part 61, Subpart M, shall not be disposed of in a construction and demolition debris disposal unit.
(20) CCA treated wood. The owner or operator of a facility, except for a disposal facility with a constructed liner system, shall design and implement a CCA treated wood management plan. The plan shall be designed to minimize the amount of CCA treated wood that is delivered to the facility, and must describe procedures the operator will use to make a reasonable effort to separate any CCA treated wood from other wastes at the facility. CCA treated wood that is separated from other wastes at the facility shall not be disposed of at an unlined solid waste disposal facility.
(21) Alternate procedures. The owner or operator of a facility may request alternate procedures and requirements in accordance with rule 62-701.310, F.A.C. However, if such request is based upon the nature of the construction and demolition debris accepted at the facility (for example, if a facility accepts only segregated wastes which are expected to have a minimal environmental impact), the request will be submitted to and acted on by the appropriate District office of the Department, and need not be accompanied by any additional fee.
Rulemaking Authority 403.0877, 403.704, 403.707 FS. Implements Florida Statutes § 403.0877, 403.706, 403.707. History—New 8-2-89, Formerly 17-701.061, Amended 1-6-93, Formerly 17-701.730, Amended 12-23-96, 4-23-97, 5-27-01, 1-6-10, 8-12-12, 6-11-15, 3-13-16.