Fla. Admin. Code Ann. R. 62-673.650 - Closure of Unlined Systems

(1) Closure of existing systems. No phosphogypsum or process wastewater shall be placed in an unlined phosphogypsum stack system after March 25, 2001; however, such systems may be used for water storage and water management purposes to facilitate closure. Final closure of each unlined system shall be completed as expeditiously as practicable and no later than five years after it ceases accepting phosphogypsum. For purposes of this subsection, "unlined" means that the phosphogypsum stack or cooling pond was constructed without an installed liner made of synthetic materials, soils, or a combination of these and approved by the Department at the time of construction.

(2) The provisions of subsection (1), of this rule, shall not apply to a phosphogypsum stack system, or any portion of that system, if the owner or operator of that system demonstrates to the Department that:

(a) Such system was not causing any violation of a Department water quality standard or criterion on March 25, 1993, and is not reasonably expected to cause any such violation after March 25, 1993, or

(b) The owner or operator will implement corrective measures which will contain seepage from the stack system at or within the permitted zone of discharge and, through further corrective measures or as a result of natural processes, ground water quality at the edge of the permitted zone of discharge will be in compliance with all applicable Department standards and criteria by March 25, 2001.

(3) The demonstrations authorized by subsection (2), of this rule, may be made through a permit application or through submittals required by a consent order or an amendment to an existing consent order issued by the Department.

(4) Nothing in this rule shall be construed to limit the Department's authority to require closure of any phosphogypsum stack system as part of an enforcement action as necessary to protect the public health or the environment.

Notes

Fla. Admin. Code Ann. R. 62-673.650

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

New 8-1-93, Formerly 17-673.650.

New 8-1-93, Formerly 17-673.650.