(1) The owner or operator of a facility may request alternate procedures and requirements in accordance with Fl. Admin. Code R. 62-701.310
    (2) In addition, the owner or operator may request alternate procedures and requirements from the appropriate District Office of the Department. Such a request shall be included as part of a permit application or modification, and need not be accompanied by any additional fee; however, all of the other criteria of Fl. Admin. Code R. 62-701.310, must be met. Requests under this subsection shall be limited to the following:
    (a) Treatment of materials other than soil. The Department shall approve a request to treat other soil-like materials, such as sludges, tank residues, and sorbent materials, upon a demonstration that the facility will be designed and operated to properly treat such materials, and that the materials will be evaluated and either used or disposed of in accordance with the provisions of this chapter.
    (b) The beneficial use of treated soil which does not meet the criteria for cleaned soil. The Department shall approve such a request upon a demonstration that the proposed use of the treated soil will not pose a significant threat to public health or the environment. In making this demonstration for the proposed use, the owner or operator may consider background concentrations of receiving soils, whether the material will be blended with other materials, the potential pathways of exposure to the contamination, the use of institutional and engineering controls to reduce the potential for exposure, and the likelihood that the material may have unlimited distribution or come into direct contact with the public.
Rulemaking Authority 403.061, 403.704 FS. Law Implemented Florida Statutes § 403.707. History-New 8-5-99.