Fla. Admin. Code Ann. R. 62-673.320 - Permitting of Phosphogypsum Stack Systems

(1) No phosphogypsum stack system shall be constructed, operated, expanded, modified or closed without an appropriate and currently valid permit issued by the Department in accordance with this chapter. Facilities operating without a permit on 3-25-93 shall, within 180 days, apply for a temporary operating permit from the Department.

(2) Permit application. The person making application for a permit for a phosphogypsum stack system shall submit to the respective Department district office having jurisdiction where the facility is located a copy of the permit application, engineering plans, and all supporting data and reports for the proposed construction, operation, or closure of the facility prepared by a professional engineer registered in the State of Florida in accordance with provisions of Chapter 471, F.S. Said engineer or another registered professional engineer shall be required to make periodic inspections during construction of the facility to ensure that design integrity is maintained.

(3) Preparation of application. The application for a permit shall be prepared and signed by the applicant on Form 62-673.900(1), Application for Permit to Construct/Operate a Phosphogypsum Stack System, effective 3-25-93, which is adopted and incorporated herein by reference. This form may be obtained by contacting the appropriate district office or by writing the Department of Environmental Protection, Bureau of Mining and Minerals Regulation, Phosphate Management Program, 13051 North Telecom Parkway, Temple Terrace, Florida 33637-0926. The application shall include all information necessary for the Department to make an evaluation of the proposed facility to ensure that it will pose no significant threat to public health or the environment. The permit application and supporting information shall include the following:

(a) A letter of transmittal to the Department.

(b) A table of contents listing the main sections of the application.

(c) The permit fee specified in Rule 62-4.050, F.A.C., in check or money order payable to the Department.

(d) Engineer and/or geologist seal. Where required by Chapter 471 or 492, F.S., data presented in support of the application shall be signed and sealed by the professional engineer or professional geologist who prepared or approved the data.

(e) All construction, operation, closure, and ground water monitoring plans, data, drawings, photographs, and reports to support the application.

(f) All maps, plan sheets, drawings, isometrics, or cross-sections to support the application, which shall be legible and:

1. Signed and sealed by the registered professional engineer responsible for their preparation. Wherever possible drawings should be no larger than 24 by 36 inches, folded to 9 by 12 inches. Illustrations, tables or drawings reduced in size should be no smaller than 8 1/2 by 11 inches,

2. Of appropriate scale to show clearly all required details,

3. Numbered, referenced to the narrative, and titled, with a legend of symbols used, horizontal and vertical scales (where applicable), and drafting or origination dates; and,

4. Use uniform scales as much as possible, contain a north arrow, and use National Geodetic Vertical Datum (NGVD) as a basis for all elevations.

(g) A map or aerial photograph of the area showing land use and zoning within one mile of the phosphogypsum stack system. This map, or photograph which shall be taken within one year of the permit application, shall be of sufficient scale to show all homes, industrial buildings, wells, water courses, dry runs, rock out-croppings, roads and other significant details. All significant features shall be indicated and labeled on the map or aerial photograph.

(h) A plot plan of the phosphogypsum stack system site showing dimensions, original elevations, proposed final contours and location of soil borings. Cross sections shall be included on the plot plan or on separate sheets showing both the original and proposed elevations. The scale of the plot plan shall not be greater than 200 feet to the inch.

(i) Topographic maps at a scale of not over 200 feet to the inch with five-foot contour intervals. These maps shall show at least: the proposed phosphogypsum stack system area; access roads; grades required for proper drainage; and a typical cross section of any phosphogypsum stacks, cooling ponds, and process wastewater drainage conveyances.

(j) A hydrogeological investigation in accordance with Rule 62-701.410, F.A.C., which is incorporated by reference herein.

(k) A geotechnical investigation in accordance with Rule 62-701.420, F.A.C., which is incorporated by reference herein.

(l) Evidence of an approved laboratory to do ground water monitoring in accordance with Rule 62-160, F.A.C.

(m) A demonstration of ownership or control of the property.

(n) Financial documents assigned to the Department which ensure the financial responsibility for the closing and long-term care of the phosphogypsum stack system.

(4) Notice of application. An applicant for a permit to construct, expand, or close a phosphogypsum stack system shall publish and provide proof of publication to the Department, at its own expense, a Notice of Application in a newspaper of general circulation in accordance with Rule 62-103.150, F.A.C.

(5) Construction, operation and closure permits. After receipt of a complete application to construct, operate, expand, or close a phosphogypsum stack system, the Department shall:

(a) Issue a construction and operation permit for a new or expanded phosphogypsum stack system. After all significant initial construction has been completed and before operation, the engineer shall complete a Certificate of Construction Completion, Form 62-673.900(2), Certification of Construction Completion for a Phosphogypsum Stack System, effective 3-25-93, which is adopted and incorporated herein by reference, and contact the Department to arrange for Department representatives to inspect the facility in the company of the permittee and the engineer. This form may be obtained by contacting the appropriate district office or by writing the Department of Environmental Protection, Bureau of Mining and Minerals Regulation, Phosphate Management Program, 13051 North Telecom Parkway, Temple Terrace, Florida 33637-0926. The inspection is to ensure that the facility has been constructed in accordance with the approved permit. The facility shall not be operated or accept phosphogypsum or process wastewater except as necessary for construction and testing until the Department has found that all applicable submissions required for the permit, including financial responsibility documentation, have been received and found acceptable, or

(b) Issue an operation permit for a new or expanded phosphogypsum stack system that has been satisfactorily constructed, or to an existing system which is being operated in accordance with applicable portions of this chapter at the time for renewal of their permit, or

(c) Issue a closure permit for closing and long-term care of the system that has satisfied the requirements of Rules 62-673.600 -.640, F.A.C. Permits shall be renewed in accordance with Rule 62-4.070, F.A.C., or

(d) Deny the issuance of a permit if reasonable assurances are not provided that the applicable requirements of Chapters 62-4 and 62-673, F.A.C., will be satisfied.

(6) The design dimensions of a phosphogypsum stack system and the dimensions of the ground water vertical and horizontal zone of discharge shall be established in the permit for any new phosphogypsum stack system or lateral expansion of an existing system. A zone of discharge for an existing installation shall be established or modified in accordance with Rule 62-522.500, F.A.C., at the time of permit renewal, or at the time of issuance of a temporary operating permit.

Notes

Fla. Admin. Code Ann. R. 62-673.320

Rulemaking Authority 403.061, 403.4154, 403.704 FS. Law Implemented 403.4154, 403.707 FS.

New 3-25-93, Formerly 17-673.320, Amended 1-16-97, 5-9-13.

New 3-25-93, Formerly 17-673.320, Amended 1-16-97, 5-9-13.