Florida Regulations 62-709.460: Special Permitting Criteria for Solid Waste Organics Recycling Pilot Projects
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(1) Applicability.
(a) A person wishing to conduct a solid waste organics recycling pilot project shall operate only under a permit issued in accordance with this rule. Pilot projects may include a research project that does not qualify for the permit provision in Florida Statutes § 403.70715, or an organics recycling project that is not limited to composting. Pilot projects that qualify for this permit are those that:
1. Do not qualify for registration under this chapter,
2. Will initially operate for no more than 18 months, with the option to extend the project for an additional 18 months; and,
3. Will accept no more than 10,000 cubic yards of project feedstock.
(b) If a facility is already authorized under another Department permit that addresses the project, then a permit under this rule is not required as long as that permit remains valid.
(c) Pilot projects that meet the criteria of this rule are not subject to the requirements of Rules 62-709.500, 62-709.510 and 62-709.530, F.A.C., unless otherwise specified in this rule. However, such projects are subject to the requirements in Rules 62-709.300, 62-709.550, and 62-709.600, F.A.C.
(2) The prohibitions in subsection 62-709.300(7), F.A.C., apply to solid waste organics recycling pilot projects. However, because these projects use smaller quantities of feedstock for a minimal duration, the following setbacks apply in lieu of the setbacks in subsection 62-709.300(7), F.A.C.:
(a) No material or processed material shall be placed within 250 feet of any existing or approved off-site potable water well.
(b) No material or processed material shall be placed within 100 feet of any natural or artificial body of water. For purposes of this paragraph, a “”body of water”” includes wetlands within the jurisdiction of the Department, but does not include impoundments or conveyances that are part of a permitted stormwater management system, or water bodies contained completely within the property boundaries of the facility that do not discharge from the site to surface waters.
(3) Design and operating requirements.
(a) The facility shall have the operational features and equipment necessary to maintain a clean and orderly operation including:
1. An effective barrier to prevent unauthorized entry and dumping into the facility site,
2. Dust and litter control methods; and,
3. Fire protection and control provisions to deal with accidental burning of solid waste.
a. There shall be an all-weather access road, at least 20 feet wide, all around the perimeter of the site.
b. None of the processed or unprocessed material shall be more than 50 feet from access by motorized firefighting equipment.
(b) The facility shall be operated in a manner to control vectors.
(c) The facility shall be operated in a manner to control objectionable odors in accordance with subsection 62-296.320(2), F.A.C.
(d) Any drains and leachate or condensate conveyances that have been installed shall be kept clean so that flow is not impeded.
(e) If any of the following materials are discovered, they shall be immediately containerized and removed from the facility: treated or untreated biomedical waste; hazardous waste; or any materials containing a polychlorinated biphenyl (PCB) concentration of 50 parts per million or greater.
(f) When a solid waste organics recycling pilot project ceases operation, all residuals, solid waste, and recyclable materials shall be removed from the site and recycled or disposed of pursuant to the requirements of Fl. Admin. Code Chapter 62-701 Any remaining processed material shall be used in accordance with the requirements of this chapter or disposed of pursuant to the requirements of Fl. Admin. Code Chapter 62-701
(4) A permit application for a pilot project shall be submitted on Form 62-709.901(4), Permit Application for a Solid Waste Organics Recycling Pilot Project, effective February 15, 2010, 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 or from the Department web page at http://www.dep.state.fl.us/waste/quick_topics/forms/pages/62-709.htm. The application shall include the following:
(a) The facility name, physical address where the facility is located, mailing address, street mailing address, contact name and telephone number, contact email address, and affirmation that facility design and operations comply with the requirements of this rule;
(b) Documentation that the registrant either owns the land or has legal authorization from the landowner to operate a pilot project on that site;
(c) A description of what the project is designed to do;
(d) The materials that will be processed;
(e) The length of time needed to complete the project;
(f) The methods to be used to control odor and vectors;
(g) The methods to be used to disinfect the solid waste processed, and the option specified in Fl. Admin. Code R. 62-709.300(8)(a), that will be used to demonstrate that disinfection has been achieved;
(h) A description of how stormwater will be controlled;
(i) The operating parameters to be followed for managing the process, such as temperature monitoring;
(j) A description of how the facility will be closed; and,
(k) For a renewal application, a progress report as specified in subsection (6) of this rule.
(5) Operation features of the facility for vector attraction reduction controls shall include one of the following:
(a) If this is a composting project, then the material shall be composted for at least 14 days, during which time the temperature of the wastes shall not be lower than 40 degrees Celsius and the average temperature of the waste shall be higher than 45 degrees Celsius, or
(b) The specific oxygen uptake rate (SOUR) for wastes being processed shall be equal to or less than 1.5 milligrams of oxygen per hour per gram of total solids (dry weight basis) at a temperature of 20 degrees Celsius.
(6) A progress report shall be submitted within 9 months of permit issuance, and at the time a permit renewal application is submitted. The report shall include:
(a) A description of the issues that arose during the project and how they were resolved;
(b) A summary and copies of any test results;
(c) For progress reports submitted as part of a permit renewal application, a summary of the monthly records required in subsection (9), of this rule; and,
(d) A current site inventory of materials.
(7) Renewal applications to operate the pilot project for up to an additional 18 months shall be submitted at least ninety (90) days before the permit expires.
(8) A final report shall be submitted within 60 days after permit expiration. The report shall include:
(a) A description of how the project goals were met or, if not met, how close the project was to meeting those goals and why they were not met;
(b) A description of the conclusions that were reached and any cost benefit analyses that were performed;
(c) A summary and copies of any test results;
(d) A summary of the monthly records required in subsection (9) of this rule; and,
(e) A current site inventory of materials.
(9) Record keeping and reporting.
(a) Monthly records of incoming and outgoing materials shall be kept on site or at another location as indicated on the permit application form for at least the duration of the project, or until all material has been removed from the facility site, whichever is greatest. The values may be in cubic yards or tonnage, but the same unit of measurement shall be used to record both incoming and outgoing material. The recorded information shall be summarized and submitted to the Department with any permit renewal application and at project completion.
(b) Records shall be kept for any temperature monitoring performed and for any demonstration that disinfection has been achieved for at least the duration of the project, or until all material has been removed from the facility site, whichever is greatest. These records shall be made available to the Department upon request, and shall be summarized in the progress and final reports.
Rulemaking Authority 403.061, 403.704, 0403.7043 FS. Law Implemented 403.7043, 403.707 FS. History-New 2-15-10.
Terms Used In Florida Regulations 62-709.460
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
1. Do not qualify for registration under this chapter,
2. Will initially operate for no more than 18 months, with the option to extend the project for an additional 18 months; and,
3. Will accept no more than 10,000 cubic yards of project feedstock.
(b) If a facility is already authorized under another Department permit that addresses the project, then a permit under this rule is not required as long as that permit remains valid.
(c) Pilot projects that meet the criteria of this rule are not subject to the requirements of Rules 62-709.500, 62-709.510 and 62-709.530, F.A.C., unless otherwise specified in this rule. However, such projects are subject to the requirements in Rules 62-709.300, 62-709.550, and 62-709.600, F.A.C.
(2) The prohibitions in subsection 62-709.300(7), F.A.C., apply to solid waste organics recycling pilot projects. However, because these projects use smaller quantities of feedstock for a minimal duration, the following setbacks apply in lieu of the setbacks in subsection 62-709.300(7), F.A.C.:
(a) No material or processed material shall be placed within 250 feet of any existing or approved off-site potable water well.
(b) No material or processed material shall be placed within 100 feet of any natural or artificial body of water. For purposes of this paragraph, a “”body of water”” includes wetlands within the jurisdiction of the Department, but does not include impoundments or conveyances that are part of a permitted stormwater management system, or water bodies contained completely within the property boundaries of the facility that do not discharge from the site to surface waters.
(3) Design and operating requirements.
(a) The facility shall have the operational features and equipment necessary to maintain a clean and orderly operation including:
1. An effective barrier to prevent unauthorized entry and dumping into the facility site,
2. Dust and litter control methods; and,
3. Fire protection and control provisions to deal with accidental burning of solid waste.
a. There shall be an all-weather access road, at least 20 feet wide, all around the perimeter of the site.
b. None of the processed or unprocessed material shall be more than 50 feet from access by motorized firefighting equipment.
(b) The facility shall be operated in a manner to control vectors.
(c) The facility shall be operated in a manner to control objectionable odors in accordance with subsection 62-296.320(2), F.A.C.
(d) Any drains and leachate or condensate conveyances that have been installed shall be kept clean so that flow is not impeded.
(e) If any of the following materials are discovered, they shall be immediately containerized and removed from the facility: treated or untreated biomedical waste; hazardous waste; or any materials containing a polychlorinated biphenyl (PCB) concentration of 50 parts per million or greater.
(f) When a solid waste organics recycling pilot project ceases operation, all residuals, solid waste, and recyclable materials shall be removed from the site and recycled or disposed of pursuant to the requirements of Fl. Admin. Code Chapter 62-701 Any remaining processed material shall be used in accordance with the requirements of this chapter or disposed of pursuant to the requirements of Fl. Admin. Code Chapter 62-701
(4) A permit application for a pilot project shall be submitted on Form 62-709.901(4), Permit Application for a Solid Waste Organics Recycling Pilot Project, effective February 15, 2010, 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 or from the Department web page at http://www.dep.state.fl.us/waste/quick_topics/forms/pages/62-709.htm. The application shall include the following:
(a) The facility name, physical address where the facility is located, mailing address, street mailing address, contact name and telephone number, contact email address, and affirmation that facility design and operations comply with the requirements of this rule;
(b) Documentation that the registrant either owns the land or has legal authorization from the landowner to operate a pilot project on that site;
(c) A description of what the project is designed to do;
(d) The materials that will be processed;
(e) The length of time needed to complete the project;
(f) The methods to be used to control odor and vectors;
(g) The methods to be used to disinfect the solid waste processed, and the option specified in Fl. Admin. Code R. 62-709.300(8)(a), that will be used to demonstrate that disinfection has been achieved;
(h) A description of how stormwater will be controlled;
(i) The operating parameters to be followed for managing the process, such as temperature monitoring;
(j) A description of how the facility will be closed; and,
(k) For a renewal application, a progress report as specified in subsection (6) of this rule.
(5) Operation features of the facility for vector attraction reduction controls shall include one of the following:
(a) If this is a composting project, then the material shall be composted for at least 14 days, during which time the temperature of the wastes shall not be lower than 40 degrees Celsius and the average temperature of the waste shall be higher than 45 degrees Celsius, or
(b) The specific oxygen uptake rate (SOUR) for wastes being processed shall be equal to or less than 1.5 milligrams of oxygen per hour per gram of total solids (dry weight basis) at a temperature of 20 degrees Celsius.
(6) A progress report shall be submitted within 9 months of permit issuance, and at the time a permit renewal application is submitted. The report shall include:
(a) A description of the issues that arose during the project and how they were resolved;
(b) A summary and copies of any test results;
(c) For progress reports submitted as part of a permit renewal application, a summary of the monthly records required in subsection (9), of this rule; and,
(d) A current site inventory of materials.
(7) Renewal applications to operate the pilot project for up to an additional 18 months shall be submitted at least ninety (90) days before the permit expires.
(8) A final report shall be submitted within 60 days after permit expiration. The report shall include:
(a) A description of how the project goals were met or, if not met, how close the project was to meeting those goals and why they were not met;
(b) A description of the conclusions that were reached and any cost benefit analyses that were performed;
(c) A summary and copies of any test results;
(d) A summary of the monthly records required in subsection (9) of this rule; and,
(e) A current site inventory of materials.
(9) Record keeping and reporting.
(a) Monthly records of incoming and outgoing materials shall be kept on site or at another location as indicated on the permit application form for at least the duration of the project, or until all material has been removed from the facility site, whichever is greatest. The values may be in cubic yards or tonnage, but the same unit of measurement shall be used to record both incoming and outgoing material. The recorded information shall be summarized and submitted to the Department with any permit renewal application and at project completion.
(b) Records shall be kept for any temperature monitoring performed and for any demonstration that disinfection has been achieved for at least the duration of the project, or until all material has been removed from the facility site, whichever is greatest. These records shall be made available to the Department upon request, and shall be summarized in the progress and final reports.
Rulemaking Authority 403.061, 403.704, 0403.7043 FS. Law Implemented 403.7043, 403.707 FS. History-New 2-15-10.