(1) The permit application for a stationary soil treatment facility shall include a description of how the treated soils will be properly used or managed so they will not pose a significant threat to public health or the environment.
    (2) Cleaned soil can be land applied or used without further restrictions, except that the cleaned soil shall not be deposited in surface waters or wetlands unless it can be demonstrated that the cleaned soil is not expected to cause surface water violations or to be toxic to aquatic life and does not contain other chemicals or materials which could cause nuisance odors if saturated. Cleaned soil is treated soil which meets all of the following criteria:
    (a) The concentrations of all contaminants detected in the treated soil are at or below the corresponding concentrations for Residential Direct Exposure soil cleanup target levels contained in Table II of Fl. Admin. Code Chapter 62-777, or as provided in paragraph (2)(c), below;
    (b) The concentrations of all contaminants detected in the treated soil are at or below the corresponding soil cleanup target levels for leachability identified in Table II of Fl. Admin. Code Chapter 62-777 The applicant may use leachability determinations based on SPLP test results, or on TCLP test results for soil which was contaminated with used oil or similar petroleum products, in lieu of some or all of the values in Table II, to demonstrate that the Department’s ground water and surface water standards or criteria will not be violated; and,
    (c) For contaminants detected in the treated soil but not listed in Table II of Fl. Admin. Code Chapter 62-777, the soil cleanup target levels for those contaminants shall be decided on a case-by-case basis and shall be calculated using the following:
    1. An excess lifetime cancer risk level less than or equal to 1.0 x 10.6,
    2. A hazard index (sum of the hazard quotients) less than or equal to 1.0,
    3. The equations provided in Figures 4, 5, 6, 7, and 8 of Fl. Admin. Code Chapter 62-777, as applicable; and,
    4. The best achievable detection limits for the chemicals of concern in the soil.
    (3) When providing the demonstrations or calculations required in subsection (2), above, the applicant may use information contained in “”Technical Report: Development of Soil Cleanup Target Levels (SCTLs) for Fl. Admin. Code Chapter 62-777, Final Report”” dated May 26, 1999.
    (4) Treated soil which does not meet the criteria for cleaned soil shall be managed in one of the following manners:
    (a) It may be treated again;
    (b) It may be blended in accordance with Fl. Admin. Code R. 62-713.300(2)(e), so that it meets the criteria for cleaned soil;
    (c) It may be disposed of in a Class I landfill or Waste-to-Energy facility if allowed under that facility’s permit or certification, or
    (d) It may be beneficially used in accordance with an approval of alternate procedures and requirements as provided in Fl. Admin. Code R. 62-713.220
Rulemaking Authority 403.061, 403.704 FS. Law Implemented Florida Statutes § 403.707. History-New 8-5-99.