62-701 - Florida Department of Environmental Protection

Chapter 62-701 F.A.C.
F. Thomas Lubozynski, P.E.
Waste Program Administrator
Status of Revised 62-701, F.A.C.
• Latest version 05-16-2008
• No additional workshops planned
• Must be approved by Environmental
Regulatory Commission (ERC)
– August meeting?
Proposed Changes to
Chapter 62-701
Proposed Changes to 62-701
CCA Treated Wood in various rule sections.
• CCA-treated wood is defined.
• Mulching, composting, and burning of
CCA-treated wood is prohibited.
• Unlined facilities accepting CCA-treated
wood for processing or disposal are
required to have a CCA management plan
designed to reduce the amount of CCAtreated wood accepted.
• May be ground for use as interior, initial
cover for lined landfill.
Proposed Changes to 62-701
• 62-701.200 Definitions
– (51): The definition of "industrial
byproduct" is amended to exclude "a
mixed waste stream that is processed to
remove recyclable materials; or
materials the recycling or use of which
is specifically addressed in Department
rules, such as construction and
demolition debris, ash residue, waste
tires, used oil, and compost."
Proposed Changes to 62-701
• 62-701.200 Definitions
– (94) Adds a definition of "reasonable
assurance" to mean "the existence of a
substantial likelihood, although not an
absolute guarantee, that the proposed
activity and applicant will comply with
agency rules, laws, orders and permit
conditions. It does not mean proof that
a facility will not fail."
Proposed Changes to 62-701
• 62-701.220 General Applicability
– (2)(g) Clarifies that road maintenance
wastes includes street sweepings, ditch
scrapings, and catch basin sediments
that are managed appropriately.
• Remove solid wastes, e.g., tires
• Used for road construction or maintenance
Proposed Changes to 62-701
• 62-701.300 The prohibitions are amended
as follows:
– Eliminated - Prohibition on storage or
disposal in areas subject to frequent or
periodic flooding.
– Clarified - Prohibition on storage or
disposal in water bodies excludes areas of
standing water that exist only after storm
– Eliminated - Prohibition on storage or
disposal within 1000 feet of a community
water supply well.
– A prohibition on allowing dust in violation
of air rules is added.
Proposed Changes to 62-701
• 62-701.320 SWMF Permit Requirements
– (9) Allows the Department to issue a
construction/operation permit for longer than
five years in order to authorize operation for
five years after construction is completed (not
to exceed 10 years).
– (9)(b) Adds specific provisions for how the
Department will authorize operation after
submittal of the certification of construction
Proposed Changes to 62-701
• 62-701.320(15) Operator and Spotter
– Interim spotters and interim operators
• Direct supervision
• < 3 months
– Spotters can operate from heavy equipment
and need not be located on the ground
• At lined facilities and at waste processing
facilities, or
• At any facility if location on the ground could
pose a significant safety risk.
Proposed Changes to 62-701
• 62-701.320 SWMF Permit Requirements
– (16) Creates a new requirement for all
facilities to have and implement a contingency
plan for dealing with operational interruptions
or emergencies such as fires, explosions, or
natural disasters.
– (17) Creates an exemption from the minimum
ground water criteria ("free froms") within the
zone of discharge of any permitted solid waste
management facility constructed after January
6, 1993.
Proposed Changes to 62-701
• 62-701.330 Landfill Permit Requirements
– (2) Permitted Footprint
• Lined landfills
• Entire design life of the facility
• All the necessary information is submitted in
the permit application
• Adequate public notice is provided
• Subject to any new applicable construction or
operation requirements that may be adopted.
Proposed Changes to 62-701
62-701.400 Landfill Construction Requirements
– (2) Requires side slope designs to meet a
minimum factor of safety of 1.5 using peak
strength values.
– (3)(g) Class III landfills must be lined unless
specifically exempted, based on site-specific
– (4)(c) Leachate collection system
• Minimum slopes
• Must have positive drainage
– (7)(c)&(d) Liner System Construction QA
• Allows use of electrical leak location
methods to reduce (but not eliminate) the
number of destructive tests.
Proposed Changes to 62-701
• 62-701.510 Water Quality
– (7)(b) If the only parameters exceeded
in detection wells are iron, aluminum,
manganese, sulfates, or TDS, then will
not be required to sample for the full
suite of Appendix I and Appendix II
– (7)(c) Clarifies that if parameters are
exceeded in compliance wells, the
required corrective actions are those
specified in Chapter 62-780, F.A.C.
Proposed Changes to 62-701
• 62-701.510(9) Water Quality Rqm’ts
– Submit monitoring data electronically
– Submit within 60 days from completion
of laboratory analyses
– Submit Technical report
• every 2.5 years during the active life of the
• Every 5 years during long-term care
Proposed Changes to 62-701
• 62-701.520 Special waste Handling
– Contaminated soil
• Not haz waste
• Runoff or infiltration collected by leachate
• Untreated only at Class I landfill
– Animal carcasses
• Class I Landfill
• Property where they died
Proposed Changes to 62-701
• 62-701.600 Landfill Final Closure
– The landfill closure section is rewritten, with a
number of outdated or unnecessary provisions
– Official Date of Closing
• Entire landfill, not portion
– Unless can be monitored separately
Proposed Changes to 62-701
• 62-701.620 Long Term Care
(1) The current rule allows the
Department to extend long-term care
period if closure is found to be
"ineffective." The proposed rule defines
– required monitoring was not done,
– ongoing impacts to ground water,
– gas continues to be produced,
– Significant subsidence continues, or
– cover is failing.
Proposed Changes to 62-701
• 62-701.620 Long Term Care, cont
– (6) Requires permittees to submit a
stabilization report every five years.
Proposed Changes to 62-701
• 62-701.630 Financial Assurance
– (1)(b) Codifies name of the permittee
and the name of the person submitting
financial assurance documentation be
– (2)(c) Allows permittees to delay
submitting proof of financial assurance
under some conditions.
Proposed Changes to 62-701
• 62-701.630 Financial Assurance
– (10) Must continue financial assurance
if long-term care is extended
• Failed to perform the required monitoring
and maintenance.
• Does not apply if they have performed the
required activities and monitoring must
continue past closure period
Proposed Changes to 62-701
• 62-701.710 Waste Processing Facilities
– (1)(e)5 Creates an exemption for
facilities used to store road maintenance
byproducts if they follow best
management practices.
– Exemption still being discussed:
• Facilities transferring solid wastes from
small containers or vehicles to larger ones
without placing the wastes on the ground to
be exempt from leachate controls and
trained spotters.
Proposed Changes to 62-701
• Vegetative Waste is C&D Debris
• 62-701.730 - New requirements for
C&D Debris Facilities:
– Specify maximum height in the permit;
– Not be located in 100-yr floodplains;
– 100 foot setback from property
boundary (above-grade sites); and
– They must maintain 3:1 side slopes
during the active life.
Proposed Changes to 62-701
• 62-701.730 - C&D Debris Facilities:
– Must provide financial assurance if LTC
extended for failing to perform
– Provides minimum liner requirements if
the facility is lined.
• 60 mil-HDPE geomembrane
– Diverted, Source separated materials
• Considered recovered or raw materials
• Not waste
Proposed Changes to 62-701
• 62-701.803 Land Clearing Debris
– LCD operating under a general permit
• All yard trash
• Untreated, unpainted wood
• Wood pallets
– Requirements
• Maintain 3:1 side slopes
• Control objectionable odors.

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