Fla. Admin. Code Ann. R. 62-709.305 - Exemptions

The following activities do not require a permit or registration under this chapter provided no public nuisance or any condition adversely affecting the environment or public health is created and the activity does not violate other state or local laws, ordinances, rules, regulations, or orders.

(1) Backyard composting and the resulting compost.

(2) Normal farming operations. For purposes of this chapter, the following will be considered normal farming:

(a) Composting or anaerobic digestion of wastes generated on the farm, as part of agronomic, horticultural or silvicultural operations, for use on the farm, as part of agronomic, horticultural or silvicultural operations;

(b) Composting of wastes generated on the farm, as part of agronomic, horticultural or silvicultural operations, for sale or use off the farm; although no permit is required, the generator must meet the requirements of Rules 62-709.530 through 62-709.600, F.A.C., for any compost that is sold for use by persons other than the generator;

(c) Composting or anaerobic digestion of yard trash, manure, or vegetative wastes generated from off the farm, for use on the farm, as part of agronomic, horticultural or silvicultural operations;

(d) Composting of yard trash, manure, or vegetative wastes generated from off the farm, for sale or use off the farm; although no permit is required, the generator must meet the requirements of Rules 62-709.530 through 62-709.600, F.A.C., for any compost that is sold for use by persons other than the generator. For this exemption to apply, the yard trash, manure, or vegetative wastes brought to the farm must be necessary to optimize composting of the yard trash or manure generated on the farm, as part of agronomic, horticultural or silvicultural operations (e.g., bringing in yard trash as a source of carbon and pile structure) to optimize composting of manure generated on the farm). Yard trash, vegetative wastes, or manure which is brought to the farm solely to increase the amount of compost produced is not considered to be part of the agronomic, horticultural or silvicultural operations at the farm and is not covered by this exemption, except as provided for in paragraph (e), below; and,

(e) Manure management operations that are regulated under Chapter 62-670, F.A.C., as concentrated animal feeding operations (CAFO) or animal feeding operations (AFO). If the facility is permitted, this includes manure received from off-site as well as generated on-site when the facility permit addresses these waste streams.

(3) Composting of solid waste generated on-site or off-site, when there is no more than 100 cubic yards on site at any one time of solid waste to be composted or undergoing the composting process and finished compost being stored for use.

(4) Land application of processed yard trash for beneficial use is not considered disposal, and is not regulated under department solid waste regulations, providing the yard trash has been size-reduced so that it will pass through a 6-inch sieve.

(5) Land application of unprocessed yard trash or other use of yard trash, manure, or vegetative waste, if it is beneficial use that is not expected to pose a significant threat to public health or the environment. The following information could be submitted to the Department's District office to help provide assurance that this activity is beneficial use:

(a) A description of the property, including street mailing address, property identification number used by the county property appraiser's office, where on the property the land application will occur, and topography on which the material will be deposited. A map showing the location of the property and identifying water bodies, wetlands and wells to be avoided is also required. The property description must indicate any water bodies or wetlands to be avoided. The Department retains the authority to inspect this operation to assure that the waste is being properly managed.

(b) Documentation that the person either owns the land where the material will be deposited, or has legal authorization from the property owner to deposit the material there in the manner proposed.

(c) An explanation of the proposed project and why the person believes it qualifies for this exemption. The explanation should include a description of the benefit obtained from the project, any specifications or requirements for the incoming material, a description of any processing that will take place on-site before the material is used, and the amount of material required to complete the project. This should include the total amount and a per-acre application rate. The total amount and per-acre application rate shall be in tons or cubic yards. An estimated bulk density in pounds per cubic yards shall also be provided.

(d) An operation plan describing how the material will be received onto the site, how site access will be controlled, what equipment will be used to process or spread it, and how the material will be stored prior to use.

(e) A contingency plan explaining the procedures for dealing with emergencies such as a fire, natural disaster or equipment failure, or receipt of any unacceptable material.

(f) A description of how any vegetative waste or unstabilized manure will be processed within 48 hours.

(g) A demonstration that the proposed project is not expected to create any significant threat to public health or the environment.

Notes

Fla. Admin. Code Ann. R. 62-709.305

Rulemaking Authority 403.061, 403.704, 403.7043 FS. Law Implemented 403.7043, 403.707 FS.

New 2-15-10.

New 2-15-10.