Fla. Admin. Code Ann. R. 62-730.260 - Closure Permits

(1) Except as authorized by the Department pursuant to this chapter, no person shall conduct remedial activities, as defined in Rule 62-730.210, F.A.C., at a hazardous waste facility without applying for and receiving a hazardous waste permit that includes conditions for remedial activities. Such permits include operation permits, postclosure permits, and corrective action permits. Where applicable, corrective action conditions shall be incorporated into a postclosure or operation permit.

(2) The owner or operator shall apply for a postclosure or corrective action permit on DEP forms adopted in paragraph 62-730.220(2)(a), F.A.C., either:

(a) At the time specified in a permit issued under this chapter, or

(b) Within 90 days of receipt of notification from the Department that a postclosure or corrective action permit is required.

(3) The owner or operator shall pay applicable fees pursuant to Rule 62-730.293, F.A.C., until the remedial activities are complete.

(4) The owner or operator shall apply for renewal of the postclosure or corrective action permit at least 180 days prior to its expiration throughout the remedial activities period.

(5) The term of a postclosure permit and a corrective action permit shall be 10 years.

(6) If postclosure plans have been approved by the Department as part of another application, the applicant for a postclosure permit shall include a copy of the approved postclosure plan with the application. The applicant shall also either:

(a) Attach a certification stating that no changes have been made to the plans, or

(b) Provide an amended plan showing all the changes which have been made, or are proposed to be made to the plans.

(7) Within 60 days of completion of the established postclosure care period for each hazardous waste unit, the owner or operator of the hazardous waste facility shall submit to the Department, by registered mail, a certification that the postclosure care period for each hazardous waste unit was performed in accordance with the specifications in the approved postclosure plan. The certification shall be signed by the owner or operator of the hazardous waste facility and an independent registered, professional engineer.

(8) A hazardous waste facility that closes with waste in place must record a deed notice pursuant to 40 C.F.R. 264.119 or 40 C.F.R. 265.119"in accordance with State law." In Florida, this requirement must be fulfilled by the following:

(a) A restrictive covenant that runs with the land, or

(b) For government-owned facilities that are not transferred out of government ownership, a property management plan or land use control remedial design or corrective measures implementation plan that effectively controls exposure risks.

Notes

Fla. Admin. Code Ann. R. 62-730.260

Rulemaking Authority 403.704, 403.707, 403.721, 403.722 FS. Law Implemented 403.087, 403.704, 403.707, 403.721, 403.722 FS.

New 7-9-82, Formerly 17-30.26, Amended 9-23-87, 6-28-88, Formerly 17-30.260, Amended 9-10-91, 10-14-92, 10-7-93, Formerly 17-730.260, Amended 1-5-95, 1-29-06.

New 7-9-82, Formerly 17-30.26, Amended 9-23-87, 6-28-88, Formerly 17-30.260, Amended 9-10-91, 10-14-92, 10-7-93, Formerly 17-730.260, Amended 1-5-95, 1-29-06.