Fla. Admin. Code Ann. R. 62-673.630 - Long-Term Care

(1) Long-term care period. The owner or operator of any phosphogypsum stack system subject to the requirements of Rules 62-673.600 -.620, F.A.C., shall be responsible for monitoring and maintenance of the facility in accordance with an approved closure plan for 50 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 closure design or closure operation plan is found to be ineffective.

(2) Reduced long-term care period. The owner or operator of a phosphogypsum stack system may apply to the Department for a reduced long-term care schedule if reasonable assurance is provided to the Department that there is no significant threat to human health or the environment and if the phosphogypsum stack system:

(a) Has been constructed and operated in accordance with approved standards, has a leachate control system and a liner;

(b) Was closed with appropriate final cover, vegetative cover has been established, and a monitoring system has been installed;

(c) Has a 20-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,

(d) Has had no detrimental erosion of cover.

(3) Right of access. The owner or operator of the phosphogypsum stack system 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 phosphogypsum stack system for the long-term care period, after termination of disposal operations, for inspection, monitoring and maintenance of the site.

(4) Successors in interest. Any person acquiring rights or ownership, possession or operation of a permitted phosphogypsum stack system through lease or transfer of property shall be subject to all requirements of the permit for the facility and shall provide any required proof of financial responsibility to the Department in accordance with this rule. Any lease or transfer of property shall include specific conditions to delineate:

(a) The previous owner or operator is responsible for closure and shall maintain any required proof of financial responsibility until the person acquiring ownership, possession or operation of the phosphogypsum stack system establishes the required proof of financial responsibility with the Department;

(b) Responsibility for the continuance of monitoring, maintenance, and correction of deficiencies or problems; and,

(c) Mineral rights attached to the property and the rights to any recoverable materials that may be buried on the property. A Department permit shall be required if any onsite operations subsequent to closure involve disturbing the phosphogypsum stack system.

(5) Transfer of permit. Transfer of the phosphogypsum stack system permit shall be in accordance with the provisions of Rule 62-4.120, F.A.C., and this rule.

(6) 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 phosphogypsum stack system 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 owner or operator is notified otherwise in writing by the Department.

Notes

Fla. Admin. Code Ann. R. 62-673.630

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

New 3-25-93, Formerly 17-673.630.

New 3-25-93, Formerly 17-673.630.