Fla. Admin. Code R. 62-730.180

Current through Reg. 50, No. 217; November 5, 2024

Section 62-730.180 - Standards Applicable to Owners and Operators of Hazardous Waste Treatment, Storage and Disposal Facilities

(1) The Department adopts by reference 40 CFR Part 264 revised as of July 1, 2021, http://www.flrules.org/Gateway/reference.asp?No=Ref-15290, and as amended in the 86 Federal Register dated October 1, 2021 (54381-54386) http://www.flrules.org/Gateway/reference.asp?No=Ref-15292, including all appendices, with the exceptions described in paragraphs (1)(a) through (c) of this section.

(a) The Project XL site-specific regulations and other site-specific regulations in 40 C.F.R. 264.1(g)(12), 264.301(l), 264.1030(d), 264.1050(g), 264.1080(e), 264.1080(f), and 264.1080(g).

(b) The following sections applicable only to unauthorized states: 40 C.F.R. 264.1(f), 264.149 and 264.150.

(c) The following optional amendments:

1. The amendments to 40 C.F.R. 264.141(h), 264.147(g)(1), 264.151(g) and 264.151(h)(2) in the Federal Register dated September 1, 1988 (53 FR 33938);

2. The amendments to 40 C.F.R. 264.143(f)(10), 264.145(f)(11), 264.151(f), 264.151(g), 264.151(h)(1), and 264.151(h)(2) in the Federal Register dated September 16, 1992 (57 FR 42832); and,

3. The amendments to 40 C.F.R. 264.112(c) and 264.118(d) in the Federal Register dated September 28, 1988 (53 FR 37912).

For the optional amendments in paragraph (c), above, the language in effect immediately prior to the effective date of the referenced Federal Registers remains in effect.

(2) The Department adopts by reference 40 CFR Part 265 revised as of July 1, 2021, http://www.flrules.org/Gateway/reference.asp?No=Ref-15291, and as amended in the 86 Federal Register dated October 1, 2021 (54381-54386) http://www.flrules.org/Gateway/reference.asp?No=Ref-15292, including all appendices, with the exceptions described in paragraphs (2)(a) through (e) of this rule.

(a) Subpart R;

(b) The Project XL site-specific regulations in 40 C.F.R. 265.1(c)(15), 265.1030(c), 265.1050(f), 265.1080(e), 265.1080(f), and 265.1080(g).

(c) The following sections applicable only to unauthorized states: 40 C.F.R. 265.1(c)(4), 265.149 and 265.150.

(d) An error in 40 C.F.R. 265.340(b)(2), which is hereby corrected by replacing it with 40 C.F.R. 265.340(b)(2) as published in the September 30, 1999 Federal Register (64 FR 52828).

(e) The amendments to 40 C.F.R. 265.141(h) and 265.147 in the Federal Register dated September 1, 1988 (53 FR 33938), to 40 C.F.R. 265.143(e)(10) and 265.145(e)(11) in the Federal Register dated September 16, 1992 (57 FR 42832), and to 40 C.F.R. 265.112(c) and 265.118(d) in the Federal Register dated September 28, 1988 (53 FR 37912).

For the optional amendments in paragraph (e), above, the language in effect immediately prior to the effective date of the referenced Federal Registers remains in effect.

(3) The Department adopts by reference 40 C.F.R. 264.112(c)(1) and (2), 264.118(d)(1) and (2), 265.112(c)(3) and (4), 265.118(d)(3) and (4) revised as of July 1, 1988. The Department adopts by reference 40 C.F.R. 264.143(f)(10), 264.145(f)(11), 264.147(g)(1), 264.151(f), 264.151(g), 264.151(h)(1), and 264.151(h)(2) revised as of July 1, 1988.

(4) Owners and operators of hazardous waste treatment, storage and disposal facilities shall submit biennial reports required by 40 C.F.R. 264.75 [as adopted by reference in subsection 62-730.180(1), F.A.C.], and 265.75 [as adopted by reference in subsection 62-730.180(2), F.A.C.], to the Department on Form 62-730.900(8) adopted in subsection 62-730.150(3), F.A.C. Rule 62-730.900, F.A.C., contains information on obtaining a copy of this form.

(5) The owner or operator of a permitted hazardous waste facility who desires to locate a transfer facility at the hazardous waste facility shall apply for a permit modification. The permit modification shall require public notice as described in Rule 62-730.292, F.A.C.

(6) Unless otherwise exempted from corrective action financial assurance requirements pursuant to state or federal law, the owner or operator of a hazardous waste facility shall demonstrate compliance with the financial assurance requirements of 40 C.F.R. Part 264 Subpart H [as adopted by reference in subsection 62-730.180(1), F.A.C.], or 40 C.F.R. Part 265 Subpart H [as adopted by reference in subsection 62-730.180(2), F.A.C.], by using the following forms, which are hereby adopted and incorporated by reference. These forms can be obtained on the internet at https://floridadep.gov/waste/permitting-compliance-assistance/content/forms-chapter-62-730-hazardous-waste or by contacting the Permitting and Compliance Assistance Program, MS 4500, Division of Waste Management, Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

(a) Hazardous Waste Facility Letter from Chief Financial Officer to Demonstrate Financial Assurance for Closure, Post-Closure or Corrective Action, Form 62-730.900(4)(a), effective date 4-23-13 (http://www.flrules.org/Gateway/reference.asp?No=Ref-02079).

(b) Hazardous Waste Facility Letter from Chief Financial Officer to Demonstrate Financial Responsibility for Liability, Closure, Post-Closure or Corrective Action, Form 62-730.900(4)(b), effective date 4-23-13 (http://www.flrules.org/Gateway/reference.asp?No=Ref-02080).

(c) Hazardous Waste Facility Corporate Guarantee to Demonstrate Financial Assurance for Closure, Post-Closure or Corrective Action, Form 62-730.900(4)(c), effective date January 5, 1995.

(d) Hazardous Waste Facility Corporate Guarantee for Liability Coverage, Form 62-730.900(4)(d), effective date January 5, 1995.

(e) Hazardous Waste Facility Trust Fund Agreement to Demonstrate Financial Assurance for Closure, Post-Closure or Corrective Action, Form 62-730.900(4)(e), effective date January 5, 1995.

(f) Hazardous Waste Facility Standby Trust Fund Agreement to Demonstrate Financial Assurance for Closure, Post-Closure or Corrective Action, Form 62-730.900(4)(f), effective January 5, 1995.

(g) Hazardous Waste Facility Irrevocable Letter of Credit to Demonstrate Financial Assurance for Closure, Post-Closure, or Corrective Action, Form 62-730.900(4)(g), effective date January 5, 1995.

(h) Hazardous Waste Facility Financial Guarantee Bond to Demonstrate Financial Assurance for Closure, Post-Closure or Corrective Action, Form 62-730.900(4)(h), effective date January 5, 1995.

(i) Hazardous Waste Facility Performance Bond to Demonstrate Financial Assurance for Closure, Post-Closure or Corrective Action, Form 62-730.900(4)(i), effective date January 5, 1995.

(j) Hazardous Waste Facility Insurance Certificate to Demonstrate Financial Assurance for Closure, Post-Closure or Corrective Action, Form 62-730.900(4)(j), effective date January 5, 1995.

(k) Hazardous Waste Facility Certificate of Liability Insurance (Primary Policy), Form 62-730.900(4)(k), effective date January 5, 1995.

(l) Hazardous Waste Facility Certificate of Liability Insurance (Excess/Surplus Policy), Form 62-730.900(4)(l), effective date January 5, 1995.

(m) Hazardous Waste Facility Endorsement (Primary Policy), Form 62-730.900(4)(m), effective date January 5, 1995.

(n) Hazardous Waste Facility Endorsement (Excess/Surplus Policy), Form 62-730.900(4)(n), effective date January 5, 1995.

(o) Hazardous Waste Facility Letter Of Credit to Demonstrate Liability Coverage, Form 62-730.900(4)(o), effective date January 29, 2006.

(p) Hazardous Waste Facility Surety Bond to Demonstrate Liability Coverage, Form 62-730.900(4)(p), effective date January 29, 2006.

(q) Hazardous Waste Facility Trust Fund to Demonstrate Liability Coverage, Form 62-730.900(4)(q), effective date January 29, 2006.

(r) Hazardous Waste Facility Standby Trust Fund to Demonstrate Liability Coverage, Form 62-730.900(4)(r), effective date January 29, 2006.

Fla. Admin. Code Ann. R. 62-730.180

Rulemaking Authority 403.704, 403.721, 403.724, 403.8055 FS. Law Implemented 403.704, 403.721, 403.724 FS.

New 5-19-82, Amended 3-4-82, 5-20-82, 7-14-82, 8-30-82, 10-7-82, 11-25-82, 2-3-83, 3-31-83, 5-19-83, 1-5-84, 2-2-84, 11-7-84, 7-5-85, 10-3-85, Formerly 17-30.18, Amended 5-5-86, 9-19-86, 10-31-86, 3-31-87, 4-13-88, 6-28-88, Formerly 17-30.180, Amended 1-25-89, 8-13-90, 9-10-91, 10-14-92, 10-7-93, Formerly 17-730.180, Amended 1-5-95, 9-7-95, 4-30-97, 8-19-98, 2-4-00, 12-20-00, 8-1-02, 10-1-04, 1-29-06, 4-6-06, 5-1-07, 4-25-08, 5-8-09, 10-12-11, 4-23-13, Amended by Florida Register Volume 41, Number 121, June 23, 2015 effective 6/17/2015, Amended by Florida Register Volume 44, Number 124, June 26, 2018 effective 6/18/2018, Amended by Florida Register Volume 45, Number 128, July 2, 2019 effective 6/26/2019, Amended by Florida Register Volume 46, Number 215, November 3, 2020 effective 10/30/2020, Amended by Florida Register Volume 49, Number 080, April 25, 2023 effective 4/21/2023.