Fla. Admin. Code Ann. R. 62-701.320 - Solid Waste Management Facility Permit Requirements, General

(1) Permit requirements. Except as otherwise provided in this chapter, no solid waste management facility shall be constructed, operated, maintained, modified, or closed without a permit issued by the Department, or by an approved local program acting under a delegation agreement with the Department.

(2) Exemptions. Except as provided in section 403.707(2), F.S., no permit under this chapter shall be required for the following activities or facilities. For purposes of this subsection, disposal shall be deemed to include storage prior to disposal or processing.

(a) Disposal by persons of solid waste resulting from their own activities on their own property, if such waste is ordinary household waste from their residential property or is rocks, soils, trees, tree remains, and other vegetative matter which normally results from land development operations on that property. Disposal of materials that could create a public nuisance or adversely affect the environment or public health, such as white goods, automotive materials including batteries and tires, petroleum products, pesticides, solvents, or hazardous substances, is not covered under this exemption.

(b) Disposal by persons of solid waste resulting from their own activities on their property, if the environmental effects of such disposal on ground water and surface waters are:

1. Addressed or authorized by a site certification issued under chapter 403, part II, F.S., Electrical Power Plant Siting,

2. Addressed or authorized by a permit issued by the Department, including solid waste management permits or other environmental permits modified to include conditions for proper disposal, or

3. Addressed or authorized by, or specifically exempted from the requirement to obtain, a ground water monitoring plan approved by the Department.

(c) On-site disposal of construction and demolition debris, provided that disposal conforms to subsection 62-701.730(17), F.A.C.

(d) Disposal of solid waste resulting from normal farming operations.

(e) Storage of solid waste in containers on property that is owned, rented, or leased by the persons who generated the waste from their own activities which occurred on their property, if the solid waste in such containers is collected at least once a week.

(f) Disposal by persons of solid waste resulting from their own activities on their own property, if that waste disposal occurred before October 1, 1988.

(3) Irresponsible applicant. In addition to the provisions of subsection 62-4.070(5), F.A.C., when determining whether the applicant has provided reasonable assurances that Department standards will be met, the Department shall consider repeated violations of applicable statutes, rules, orders, or permit conditions caused by a permit applicant after October, 1988, relating to the operation of any solid waste management facility in this state if the applicant is deemed to be irresponsible. For purposes of this subsection, the following words have the following meanings:

(a) "Applicant" means the owner or operator of the solid waste management facility in this state, and includes a business entity, a parent of a subsidiary corporation, a partner, a corporate officer or director, or a stockholder holding more than 50 percent of the corporate stock.

(b) "Irresponsible" means that an applicant owned or operated a solid waste management facility in this state, including transportation equipment or mobile processing equipment used by or on behalf of the applicant, which was subject to a state or federal notice of violation, judicial action, or criminal prosecution for activities that constitute violations of chapter 403, F.S., or the rules promulgated thereunder, and could have prevented the violation through reasonable compliance with Department rules.

(4) Modification of permit.

(a) Permits shall be modified in accordance with the requirements of rule 62-4.080, F.A.C.

(b) A modification which does not require substantial technical evaluation by the Department, does not require a new site inspection by the Department, and is not expected to lead to substantially different environmental impacts or will lessen the impacts of the original permit is considered a minor modification, the fee for which is set forth in paragraph 62-4.050(4)(s), F.A.C.

(c) A modification which is reasonably expected to lead to substantially different environmental impacts which require a detailed review by the Department is considered a substantial modification, the fee for which is set forth in subsection 62-4.050(7), F.A.C.

(d) A modification which is reasonably expected to lead to substantially different environmental impacts, but which requires a less detailed review than does a substantial modification, is considered an intermediate modification, the fee for which is one-half of that required for a substantial modification.

(5) Permit application.

(a) Applications for a solid waste management facility shall be submitted on appropriate Department forms listed in rule 62-701.900, F.A.C., to the Department's district office with jurisdiction where the facility is located, or Tallahassee office, as appropriate. A minimum of one electronic copy of the application, engineering plans and reports, and all supporting information for the proposed construction, substantial modification, operation or closure of a facility shall be provided to the Department. The Department shall excuse the applicant from the requirements to submit an application electronically when the applicant files a request with the Department requesting to be excused from the electronic submission requirements due to technological hardship. If an applicant is excused from submitting an application electronically, then the applicant shall submit at least one paper copy of the entire application to the Department.

(b) Information in every application shall be of sufficient detail to show how the facility will be constructed, operated, and closed, and how it will be monitored and maintained after closure, in order to comply with the requirements of this chapter.

(c) Combination facilities. An application for a permit to construct or operate a solid waste management facility having multiple solid waste management components which, if standing alone, would require solid waste management facility permits, shall include all information required to be submitted had each component been proposed as a separate facility, independent of the other components. Such information may be combined or otherwise presented so as to avoid duplicative or repetitive submittals. Additionally, such applications shall be accompanied by such fees as would be required for each facility component.

(6) Engineer of record and professional certification. All engineering plans, reports, and information supporting the application shall be compiled by the engineer of record who shall be responsible for assurance that all technical components have been prepared under the direction and supervision and signed and sealed by the professional registered in Florida in each contributing technical discipline. The engineer of record's signature and seal on the application shall assure that all appropriate technical professional disciplines have been employed in development of the application. The application shall provide that the engineer of record, or another qualified professional working under the supervision of the engineer of record, shall make periodic inspections during construction of the facility to ensure that design integrity is maintained.

(7) Application content and format. Applications for permits to construct, operate, modify, or close a solid waste management facility shall include in the following sequence:

(a) A letter of application transmittal;

(b) A completed application form dated and signed by the applicant;

(c) The permit fee specified in rule 62-701.315, F.A.C., in check or money order, payable to the Department.

(d) An engineering report addressing the requirements of this rule which shall:

1. Contain a cover sheet stating the project title, location, applicant's name, and the engineer's name, address, signature, date of signature and seal,

2. Have the text printed on 8 1/2 inch by 11 inch consecutively numbered pages,

3. Contain a table of contents or index describing the body of the report and the appendices; and,

4. Include the body of the report and all appendices.

(e) Appendices submitted as part of an engineering report to support a permit application shall contain, where required under applicable sections of this rule:

1. An operation plan and closure plan appropriate for the type of facility,

2. A contingency plan that complies with subsection (16) of this section,

3. Illustrative charts and graphs,

4. Records or logs of tests, soil borings, hydrogeological information, geochemical surveys, and water quality analyses; and,

5. Engineering calculations, including literature citations.

(f) Plans or drawings for all solid waste management facilities shall:

1. Use sheets 22 inches by 34 inches or 24 inches by 36 inches, and include title blocks,

2. Have a cover sheet that includes the project title, applicant's name, sheet index, legend of symbols, and the engineer's name, address, signature, date of signature and seal,

3. Include a regional map or plan showing the project location in relation to major roadways and population centers,

4. Include a vicinity map or aerial photograph taken within one year preceding the application, showing the facility site and relevant surface features located within 1000 feet of the facility,

5. Have a site plan showing the location of all property boundaries certified by a Florida Licensed Professional Surveyor and Mapper; and,

6. Clearly show all necessary details and be numbered, titled, and referenced to the narrative report. Drawings shall contain a north arrow and horizontal and vertical scales, and shall specify drafting or origination dates. All elevations shall be referenced to a consistent, nationally recognized datum.

7. Latitude and longitude data shall be included representing the approximate center of the waste disposal or processing area and shall include the method the data was collected using the following:

Field Name	Also Known As	Description
Object of Interest	Feature	The object the point represents.
Relationship of Point to Object of Interest	Proximity	Identifies how close the point is to the actual object of interest.
Collection Method	Method	The method used to collect the point.
Collection Date	Date	The date the point was collected.
Datum		The reference for measuring locations on the earth's surface.

(g) Documentation that the applicant either owns the property or has legal authorization from the property owner to use the site for a solid waste management facility; and,

(h) For facilities owned or operated by a county, a description of the existing or proposed recycling facilities or activities, if any, at the site and a description of whether, and the extent to which, these recycling facilities or activities will contribute to the county's achievement of the waste reduction and recycling goals contained in section 403.706, F.S.

(i) For purposes of the evaluation required in subsection (3) of this rule, a history and description of any enforcement actions described in subsection (3) of this rule, relating to solid waste management facilities in this state.

(8) Notice of application.

(a) An applicant for a permit to construct or substantially modify a solid waste management facility shall publish and provide proof of publication to the Department of a Notice of Application in a newspaper of general circulation in the area where the facility will be located. This notice shall conform to the requirements of rule 62-110.106, F.A.C., except that the notice shall be published within 14 days of submittal of a permit application to the Department.

(b) An applicant for a permit to construct or substantially modify a Class I or III landfill shall mail a notice of application to the Chair of the Board of County Commissioners, the highest ranking elected official of the municipality, and each State Senator and Representative serving the jurisdiction in which the project is located. The notice shall be mailed within 14 days of submittal of the application to the Department, and proof of mailing shall be provided to the Department. After the Department completes the permit review, the Department shall send a copy of the notice of intent to issue or deny the permit to these same officials.

(9) Permits for construction, modification, operation, and closure. Complete permit applications for construction or operation of a solid waste management facility, renewal of an operation permit for an existing facility, modification of an existing facility, or closure of a facility shall be evaluated by the respective Department district office in accordance with chapters 62-4 and 62-701, F.A.C.

(a) The Department shall:

1. Issue a construction permit, or a construction/operation permit for a solid waste management facility, or for a substantial modification of an existing solid waste management facility.

2. Issue an operation permit for a new facility that has been satisfactorily constructed, or to an existing facility which is being operated in accordance with this chapter at the time for permit renewal,

3. Issue a closure permit for closing and long-term care of a landfill that complies with the requirements of rules 62-701.600 -.620, F.A.C., or

4. Deny the issuance of a permit if reasonable assurance is not provided that the requirements of chapters 62-4 and 62-701, F.A.C., will be satisfied.

(b) After all specified construction has been completed and before acceptance of any solid waste, the engineer of record shall certify to the Department that the permitted construction is complete and that it was done in accordance with the plans submitted to the Department except where minor deviation was necessary. The certification shall be submitted on Form 62-701.900(2), Certification of Construction Completion of a Solid Waste Management Facility, effective May 19, 1994, hereby adopted and incorporated by reference. Copies of this form are available from a local District Office or by writing to the Department of Environmental Protection, Solid Waste Section, MS #4565, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400. The final report required by subsection 62-701.400(7), F.A.C., as well as any reports required by subparagraphs 62-701.400(3)(d) 10. and 62-701.400(3)(f) 5., F.A.C., shall be submitted with the certification. All deviations shall be described in detail and the reasons therefore enumerated. The permittee shall not accept solid waste at the facility until one of the following has occurred:

1. The Department has stated in writing that it has no objection to the certification of construction completion, or

2. At least 30 days have passed since the certification was submitted and the Department has not responded in writing to the certification.

(c) In addition to the above requirements, the permittee shall not accept solid waste at the facility unless a construction/operation permit or an operation permit has been issued to the permittee.

(d) Permit durations shall be as follows:

1. For any facility with a leachate control system that applies for an operation or construction permit or renews an existing operation or construction permit on or after October 1, 2012, up to 20 years,

2. For any facility without a leachate control system that meets the requirements of section 403.707(3)(c), F.S., up to 10 years,

3. For closure permits authorizing only long-term care for landfills, up to 10 years; and,

4. For all other permits, up to 5 years.

(10) Permit renewals.

(a) A renewal application shall be timely and sufficient. If the renewal application is submitted prior to sixty days before expiration of the existing permit, it will be considered timely and sufficient. If the renewal application is submitted at a later date, it will not be considered timely and sufficient unless it is submitted and made complete prior to the expiration of the existing permit. When the application for renewal is timely and sufficient, the existing permit shall remain in effect until the renewal application has been finally acted upon by the Department or as otherwise provided in section 120.60, F.S.

(b) Applicants for permit renewal shall demonstrate how they will comply with any applicable new or revised laws or rules relating to construction, operation, or closure of solid waste management facilities. Closure plans shall be updated at least once every five years to reflect changes in closure design, long-term care requirements, and financial assurance requirements.

(c) Facility information that was submitted to the Department to support the expiring permit, and which is still valid, does not need to be re-submitted for permit renewal. The permit renewal application shall list and reaffirm that the information is still valid.

(11) Permit transfers.

(a) Any person wishing to transfer a permit shall submit such a request using Form 62-701.900(8), Permit Transfer Form, http://www.flrules.org/Gateway/reference.asp?No=Ref-05030, effective date February 15, 2015, hereby adopted and incorporated by reference. Copies of this form are available from a local District Office or by writing to the Department of Environmental Protection, Solid Waste Section, MS #4565, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400. The form must be completed with the signatures of both the permittee and the proposed new permittee.

(b) A transfer of permit is required upon the sale or transfer of a facility. A transfer of permit is also required if a new or different person takes ownership or control of the facility. A transfer of permit is not required if the facility simply changes its name, although the permittee must notify the Department of such a change using Form 62-701.900(8). A transfer of permit is also not required solely as a result of the sale of stock or assets or a change of operating personnel, as long as ownership or control of the facility has not changed. A permittee may apply for a permit transfer prior to the sale or change of control of the facility, but the permit transfer shall not be effective prior to the sale or change of control.

(c) The proposed new permittee shall provide reasonable assurance that it has the ability to comply with the conditions of the existing permit, that it either owns the property or has legal authorization from the property owner to use the site, and that it meets any financial assurance requirements of the permit or applicable rules.

(d) Within 30 days of receipt of an application for permit transfer, the Department shall request additional information if the application is not complete. Within 30 days of receipt of a complete application, the Department shall either approve or deny the permit transfer. The Department's determination shall be based solely on its evaluation of the requirements in paragraphs (a) through (c), above. If the Department fails to take action to approve or deny the transfer within 30 days of receipt of a complete application, the transfer shall be deemed approved.

(e) Until this transfer is approved by the Department, the permittee and any other person constructing, operating, or maintaining the permitted facility shall be liable for compliance with the terms of the permit. The permittee seeking to transfer the permit shall remain liable for corrective actions that may be required as a result of any violations occurring prior to the sale or legal transfer of the facility. If the existing permittee is under a continuing obligation to perform corrective actions as a result of a Department enforcement action or consent order, the permit may not be transferred until the proposed new permittee agrees in writing to accept responsibility for performing such corrective actions.

(f) If financial assurance for closure is required for the permit being transferred, the existing permittee shall maintain that financial assurance until the Department approval of the transfer is final. The proposed new permittee shall also provide financial assurance before the transfer is approved by the Department.

(12) Identification number. The Department shall assign an identification number to each solid waste management facility that receives a permit. The number shall be unique to that facility, and shall remain assigned to that facility at all times. The identification number shall be used on all correspondence and records related to that facility.

(13) Airport safety.

(a) Applicability. This subsection applies to those solid waste management facilities constructed after January 6, 1993, as well as lateral expansions of facilities that were constructed prior to January 6, 1993. For purposes of this subsection, an "airport runway" does not include facilities used solely for helicopters or other aircraft which take off and land vertically.

(b) Solid waste management facilities where waste is stored, disposed, or processed outdoors, shall not be located within 10, 000 feet of any licensed and operating airport runway used by turbine powered aircraft, or within 5, 000 feet of any licensed and operating airport runway used only by piston engine aircraft, unless the applicant demonstrates that the facility is designed and will be operated so that it does not pose a bird hazard to aircraft.

(c) Applicants proposing to construct new landfills within a six mile radius, and applicants proposing to construct lateral expansions of existing landfills within a five-mile radius, of any licensed and operating airport runway used by turbine powered or piston engine aircraft shall notify the affected airport, the Federal Aviation Administration, and the Florida Department of Transportation when the application is filed with the Department, and shall provide evidence of such notification to the Department.

(d) The following facilities are exempt from the requirements of this subsection:

1. Enclosed solid waste management facilities where waste is received and processed indoors, where all waste or residue is removed by enclosed or covered vehicles, and where putrescible waste is not processed, stored, or otherwise managed outdoors except in enclosed or covered vehicles,

2. Recovered materials processing facilities,

3. Yard trash processing facilities,

4. Yard trash disposal facilities,

5. Ash monofills,

6. Construction and demolition debris disposal or recycling facilities that are not co-located with other solid waste disposal facilities accepting putrescible wastes; and,

7. Any other solid waste management facility that does not accept putrescible waste for disposal, processing, or recycling.

(14) Other facility permits. In addition to the exemptions in subsection (2) of this rule, the following solid waste management facilities that are constructed and operated under an appropriate and currently valid permit are not required to obtain a separate solid waste permit pursuant to this chapter:

(a) Solid waste combustors or air curtain incinerators that are constructed and operated under a permit issued pursuant to chapters 62-296 or 62-256, F.A.C.; however, if the facility is also storing or disposing of solid waste on the site, and such storage or disposal is not addressed in the permit, a separate solid waste permit is required;

(b) Solid waste combustors that are constructed and operated under a site certification pursuant to chapter 403, part II, F.S.;

(c) Solid waste management facilities, such as composting facilities, waste tire processing facilities, soil treatment facilities, and used oil processing facilities, that are required to obtain permits under chapters 62-702 through 62-722, F.A.C. A facility shall be required to obtain a separate solid waste permit if it also manages significant quantities of other types of solid waste.

(15) Operator and spotter training and special criteria. The owner or operator of a landfill, or other solid waste management facility required by this chapter to have trained operators or spotters, shall not employ a person to perform, nor may any person perform, the duties of an operator or spotter at such facility unless that person is a trained operator or trained spotter. A facility may employ interim spotters, but only if they work under the direct supervision of a trained spotter or trained operator. A facility may employ an interim operator in lieu of a trained operator for no more than three consecutive months.

(a) Owners and operators of facilities shall ensure that operators employed at the facility are properly trained to operate the facility, and that spotters are properly trained to identify and properly manage any unauthorized waste which is received at the facility. A training plan shall be included as part of the permit application. All training courses, whether public or in-house, must be pre-approved by the Department pursuant to Section 403.716, F.S. Such training materials shall be submitted to the Department for pre-approval, and shall be approved by the Department where the course materials are consistent with Department rules applicable to solid waste facilities. Any in-house operator training program which includes an examination required by this subsection must be administered by an independent third party. Any other in-house operator training program must be administered by a trained operator. Any in-house spotter training program must be administered by a trained operator or a trained spotter. The training plan, along with records documenting how the training plan is being implemented, shall be kept at the facility at all times and be made available for inspection by Department staff. The Department will maintain a list of relevant training courses which are available in this State.

(b) In order to be considered trained, operators of the following facilities shall complete the following training requirements at courses described in the facility's operating plan:

1. Operators of landfills, and operators of construction and demolition debris disposal facilities, shall complete 24 hours of initial training, and shall pass an examination as part of that training. Within three years after passing the examination, and every three years thereafter, operators shall complete an additional 16 hours of continued training.

2. Operators of waste processing facilities shall complete 16 hours of initial training, and shall pass an examination as part of that training. Within three years after passing the examination, and every three years thereafter, operators shall complete an additional 8 hours of continued training.

(c) In order to be considered trained, spotters shall complete 8 hours of initial training at courses described in the facility's operating plan. Within three years after attending the initial training, and every three years thereafter, spotters shall complete an additional 4 hours of continued training.

(d) Spotter location.

1. Each facility where spotters are required shall include in its operation plan the number and location of spotters and the procedures to be followed if unauthorized waste is discovered. Spotters shall be stationed where they can inspect each shipment of waste for unauthorized waste.

2. If spotters are to be located on heavy equipment spreading the waste at the working face of a solid waste disposal unit or at a waste processing facility, the operation plan shall specifically provide for the following:

a. The heavy equipment operator is trained as an operator or spotter,

b. When unauthorized waste is discovered, the heavy equipment operator must either move the unauthorized waste away from the active area for later removal and proper management, or must stop operation and notify another person on the ground or on other equipment who will come to the active area and remove the unauthorized waste before operations are resumed; and,

c. Each load of waste must be visually inspected for unauthorized waste prior to being compacted or loaded into a transfer vehicle.

(e) Notwithstanding the definition in rule 62-701.200, F.A.C., and solely for purposes of this subsection, "operator" means any person, including the owner, who is principally engaged in, and is in charge of, the actual operation, supervision, and maintenance of a solid waste management facility and includes the on-site person in charge of a shift or period of operation during any part of the day, such as facility managers, supervisors and equipment operators. It does not include office personnel, laborers, equipment operators not in a supervisory capacity, transporters, corporate directors, elected officials, or other persons in managerial roles unless such persons are directly involved in on-site supervision or operation of a solid waste management facility. A trained operator may perform the duties of a trained spotter.

(f) For purposes of this subsection, "interim operator" means a person who has, in the opinion of the facility manager, shown competency in his chosen occupation through a combination of work experience, education and training and who has at least one year of experience at that facility or a similar facility. An interim operator must become a trained operator within one year of employment as an interim operator.

(g) For purposes of this subsection, "spotter" means a person employed at a solid waste management facility whose job it is to inspect incoming waste and to identify and properly manage any unauthorized waste that is received at the facility.

(h) For purposes of this subsection, "interim spotter" means a person who has, in the opinion of the facility manager, shown competency in his chosen occupation through a combination of work experience, education and training. An interim spotter must become a trained spotter or trained operator within three months of employment as an interim spotter.

(16) Emergency preparedness and response.

(a) Every permitted solid waste management facility shall have, as part of its operation plan, a contingency plan appropriate for the type of facility to cover operational interruptions and emergencies such as fires, explosions, or natural disasters. The contingency plan shall be kept at the facility at all times and shall be accessible to facility operators. The contingency plan shall include:

1. Designation of persons responsible for implementation of the contingency plan,

2. Procedures for notification of appropriate emergency response persons, including the department, the local government, and local fire protection agencies,

3. A description of emergency procedures to be followed, including the location of fire-fighting equipment and explanations of how to use this equipment,

4. Provisions for the immediate shutting down of those parts of the facility affected by the emergency and notification to customers of the closure of the facility; and,

5. Procedures for notification of neighbors and local government officials of the potential impacts of the emergency, and provisions to minimize those impacts.

(b) Every solid waste disposal facility shall have:

1. Sufficient equipment to implement the contingency plan, including equipment for excavating, spreading, compacting, and covering waste,

2. Sufficient reserve equipment or arrangement to obtain additional equipment within 24 hours of equipment breakdown,

3. Communications equipment for emergency and routine communications; and,

4. Fire protection and fire-fighting capabilities adequate to control accidental burning of solid waste in the facility. Fire protection includes procedures for notification of local fire protection agencies for assistance in emergencies.

(c) In the case of a fire within the waste pile at a solid waste management facility, all reasonable efforts shall be made to immediately extinguish or control the fire. If the fire cannot be extinguished or controlled within an hour, the owner or operator shall immediately:

1. Implement the contingency plan which is included as part of its operation plan,

2. Cease accepting waste for disposal in those areas of the facility impacted by the fire; and,

3. Notify the department and the local government having jurisdiction over the facility of the fire and of the fire control plan being implemented by the owner or operator,

(d) If the fire cannot be extinguished or controlled within 48 hours, the owner or operator shall notify the local fire protection agency and seek its assistance, and shall also notify the local government and any neighbors likely to be affected by the fire.

(17) Minimum ground water criteria. For those solid waste management facilities constructed after January 6, 1993, the minimum ground water criteria specified in rule 62-520.400, F.A.C., shall apply only outside the permitted zone of discharge, notwithstanding the provisions of rules 62-520.400 and 62-520.420, F.A.C. However, exceedances of ground water criteria within a permitted zone of discharge shall continue to require evaluation monitoring and prevention measures in accordance with subsection 62-701.510(6), F.A.C.

(18) Zone of discharge. A facility's zone of discharge shall be determined pursuant to chapter 62-520, F.A.C. For all solid waste disposal facilities constructed after January 6, 1993, the zone of discharge shall not exceed 100 feet from the edge of those solid waste disposal units permitted to be constructed, unless modified in accordance with rule 62-520.470, F.A.C.

Notes

Fla. Admin. Code Ann. R. 62-701.320

Rulemaking Authority 403.061, 403.704, 403.716 FS. Law Implemented 403.0877, 403.121(3)(e), 403.702, 403.704, 403.707, 403.716 FS.

New 1-6-93, Amended 1-2-94, 5-19-94, Formerly 17-701.320, Amended 12-23-96, 5-27-01, 1-6-10, 8-12-12, Amended by Florida Register Volume 41, Number 022, February 3, effective 2/15/2015.

New 1-6-93, Amended 1-2-94, 5-19-94, Formerly 17-701.320, Amended 12-23-96, 5-27-01, 1-6-10, 8-12-12, 2-15-15.