Fla. Admin. Code Ann. R. 62-701.220 - General Applicability

(1) This chapter has been substantially amended several times since it was first promulgated. Except as otherwise specifically provided herein, facilities remain subject to the provisions which were in effect at the time the site was permitted or received a site certification, or at the time a complete application was submitted and deemed complete by the Department.

(2) This chapter applies to all solid waste and each solid waste management facility in this state, including Coal Combustion Residual (CCR) landfills and Coal Combustion Residual Surface Impoundments, with the following exceptions:

(a) Surface impoundments not addressed in subsection 62-701.400(6), F.A.C.;

(b) Injection wells defined under and subject to the provisions of Chapter 62-528, F.A.C.;

(c) Recovered materials or recovered materials processing facilities, if:

1. A majority of the recovered materials at a facility are demonstrated to be sold, used, or reused within one year,

2. The recovered materials or the products or byproducts of operations that process recovered materials are not discharged, deposited, injected, dumped, spilled, leaked, or placed into or upon any land or water that such products or byproducts or any constituent thereof may enter other lands or be emitted into the air or discharged into any waters, including ground water, or otherwise enter the environment such that a threat of contamination in excess of applicable water quality standards and criteria or air quality standards is caused,

3. The recovered materials are not hazardous wastes; and,

4. The facility meets the registration requirements in Section 403.7046, F.S., and Chapter 62-722, F.A.C.;

(d) Industrial byproducts, if:

1. A majority of the industrial byproducts are demonstrated to be sold, used, or reused within one year,

2. The industrial byproducts are not discharged, deposited, injected, dumped, spilled, leaked, or placed into or upon any land or water so that such industrial byproducts or any constituent thereof may enter other lands or be emitted into the air or discharged into any waters, including ground water, or otherwise enter the environment such that a threat of contamination in excess of water quality standards and criteria or air quality standards is caused, or a significant threat to public health is caused; and,

3. The industrial byproducts are not hazardous wastes,

(e) Phosphogypsum stack systems;

(f) Clean debris which has been segregated from other waste and which is used or stored for use as fill or raw material; and,

(g) The collection and processing of soil, rocks, vegetative debris, asphalt, and similar materials normally associated with and actually from construction and routine maintenance of roads, as defined in Section 334.03(23), F.S., when such materials are beneficially used or reused by the generator as part of a road construction or maintenance project. Street sweepings, ditch scrapings, shoulder scrapings, and catch basin sediments are included in this exemption provided that any significant amounts of solid waste, such as tires, furniture, white goods, and automobile parts, are removed prior to use or reuse. This exception does not apply when materials are contaminated by a spill or other unusual event. Storage of these materials at transfer stations or off-site waste storage areas is addressed in subparagraph 62-701.710(1)(c) 5., F.A.C.

(h) Fossil fuel combustion products beneficially used in accordance with the requirements of Section 403.7047, F.S.

(3) There are several requirements throughout this chapter that requests or demonstrations must be approved by the Department. Unless otherwise specifically stated, this means that the requests or demonstrations must be submitted to the appropriate Department District Office as part of a permit application or request for permit modification. The Department will evaluate such requests or demonstrations in accordance with the applicable criteria set forth in this chapter, and will approve or modify permit conditions if those criteria are met.

(4) In accordance with former Rule 62-701.720, F.A.C., several persons or organizations requested approval of alternate requirements for certain industrial operations. Written determinations made by the Department prior to December 23, 1996, in response to such requests remain in effect even though Rule 62-701.720, F.A.C., has been repealed, until and unless the Department takes action to modify such determinations through rulemaking. This subsection shall not apply to Coal Combustion Residual landfills and Coal Combustion Residual Surface Impoundments subject to the provisions of Rules 62-701.804, and 62-701.805, F.A.C.

(5) Local zoning. The Department does not evaluate compliance with local zoning or land use ordinances when determining whether to issue or deny any permit under this chapter. Issuance of a permit does not relieve an applicant from compliance with local zoning or land use ordinances, or with any other laws, rules, or ordinances.

(6) There are several references in this chapter to facilities which are constructed or existing. Unless otherwise specified, these terms mean that the facility has received a permit or is exempt from permitting, and has actually been built or is being built in accordance with that permit or exemption. The terms do not include parts of a facility which, although noted in a long-term design plan, were not authorized to be constructed during the life of the facility's permit(s). A landfill with a slurry wall liner system is deemed to have been constructed when the slurry wall was constructed.

(7) Storm water and surface water management are generally regulated under other rules of the Department or water management districts. Issuance of a permit under this chapter does not relieve a permittee from compliance with any of these rules, nor does this chapter require that an applicant receive all necessary storm water or surface water management permits before receiving a solid waste permit.

Notes

Fla. Admin. Code Ann. R. 62-701.220

Rulemaking Authority 403.061, 403.704 FS. Law Implemented 403.061, 403.702-.717 FS.

New 1-6-93, Amended 1-2-94, 5-19-94, Formerly 17-701.220, Amended 5-27-01, 1-6-10, 8-12-12, Amended by Florida Register Volume 41, Number 022, February 3, effective 2/15/2015, Amended by Florida Register Volume 47, Number 193, October 5, 2021 effective 3/1/2022.

New 1-6-93, Amended 1-2-94, 5-19-94, Formerly 17-701.220, Amended 5-27-01, 1-6-10, 8-12-12, 2-15-15, 3-1-22.