Florida Administrative Code

Rulemaking Authority 403.704, 403.722 FS. Law Implemented 403.111, 403.704, 403.722, 403.73 FS. History-New 7-9-82, Formerly 17-30.31, Amended 9-23-87, 6-28-88, Formerly 17-30.310, Amended 10-7-93, Formerly 17-730.310, 62-730.310, 62-730.310, Amended.1-29-06, Repealed 2-16-12.

(1) All references to the term "interim status" in the EPA regulations adopted by reference herein shall not be applicable to these rules. The standards contained in 40 C.F.R. Part 265 [as adopted by reference in subsection 62-730.180(2), F.A.C.], adopted by reference herein, sha…

(1) The Department adopts by reference 40 CFR Part 262 revised as of July 1, 2024, http://flrules.org/Gateway/reference.asp?No=Ref-18165, and as amended in the 89 Federal Register dated July 26, 2024 (60692-60740) http://flrules.org/Gateway/reference.asp?No=Ref-18160, October 11,…

(1) 40 C.F.R. 262.18(a) requires all generators to obtain an EPA identification number before offering hazardous waste for transport. Under certain special circumstances, the Department processes applications for an emergency identification number [referred to as an emergency EPA…

(1) The Department adopts by reference 40 C.F.R. Part 263 revised as of July 1, 2024, http://flrules.org/Gateway/reference.asp?No=Ref-18167, and as amended in the 89 Federal Register dated July 26, 2024 (60692-60740) http://flrules.org/Gateway/reference.asp?No=Ref-18160, with the…

(1) 40 C.F.R. 263.12 [as adopted by reference in subsection 62-730.170(1), F.A.C.] provides that transporters who store manifested hazardous waste in proper containers at a transfer facility for 10 days or less are exempt from regulation as a hazardous waste facility. If the wast…

(1) The Department adopts by reference 40 CFR Part 264 revised as of July 1, 2024, http://flrules.org/Gateway/reference.asp?No=Ref-18168, and as amended in the 89 Federal Register dated July 26, 2024 (60692-60740) http://flrules.org/Gateway/reference.asp?No=Ref-18160, including a…

(1) The Department adopts by reference 40 C.F.R. Part 266 revised as of July 1, 2024, http://flrules.org/Gateway/reference.asp?No=Ref-18170, and as amended in the 89 Federal Register dated October 11, 2024 (82682-82872) http://flrules.org/Gateway/reference.asp?No=Ref-18163 and De…

(1) This section applies only to transfer facilities which store shipments of hazardous waste that are required to be manifested and to facilities, including federal facilities, which treat, store, or dispose of shipments of hazardous waste generated off-site that are required to…

The Department adopts by reference 40 C.F.R. Part 268 revised as of July 1, 2019, http://www.flrules.org/Gateway/reference.asp?No=Ref-12296, and as amended in the 84 Federal Register dated December 9, 2019, (67202-67220) http://www.flrules.org/Gateway/reference.asp?No=Ref-12299, …

(1) The Department adopts by reference 40 C.F.R. Part 273 revised as of July 1, 2019, http://www.flrules.org/Gateway/reference.asp?No=Ref-12297, and as amended in the 84 Federal Register dated December 9, 2019 (67202-67220) http://www.flrules.org/Gateway/reference.asp?No=Ref-1229…

Rulemaking Authority 403.061, 403.151, 403.704, 403.72, 403.721 FS. Law Implemented 120.52, 120.54, 403.061, 403.151, 403.704, 403.72, 403.721 FS. History-New 4-22-07, Amended 1-4-09, 4-23-13, 6-18-18, Repealed 8-16-19.

(1) This Part provides the requirements and procedures for the issuance, approval, denial, renewal, modification, and revocation of any research development and demonstration permit, temporary operation permit, construction permit, postclosure permit, corrective action permit, em…

(1) The definitions as described in Rule 62-730.020, F.A.C., shall apply to this part. (2) In addition, as used in this part: (a) "Authorization" means any permit, certification, consent, designation, approval, variance, registration, license, agreement, order (including consent …

(1) The Department adopts by reference the following sections of 40 C.F.R. Part 270 revised as of July 1, 2024, http://flrules.org/Gateway/reference.asp?No=Ref-18171, and as amended in the 89 Federal Register dated July 26, 2024 (60692-60740) http://flrules.org/Gateway/reference.…

(1) Risk based corrective actions authorized in section 376.30701, F.S., and cleanup target levels (CTLs) and rules promulgated thereunder in Chapters 62-777 and 62-780, F.A.C., shall apply to remedial activities at hazardous waste facilities, with the following clarifications: (…

(1) Unless otherwise exempted from corrective action financial assurance requirements pursuant to state or federal law, the following persons shall establish and maintain financial assurance for remedial activities using the appropriate forms adopted in subsection 62-730.180(6), …

Rulemaking Authority 403.704, 403.722, 403.814 FS. Law Implemented 403.704, 403.722, 403.8055 FS. History-New 9-23-87, Amended 6-28-88, Formerly 17-30.231, Amended 8-13-90, 9-10-91, 10-14-92, 10-7-93, Formerly 17-730.231, Amended 1-5-95, 1-29-06, Repealed 2-16-12.

(1) No person shall begin operation of a hazardous waste facility without applying for and receiving an operation permit from the Department. Application for operation permits shall be made on DEP Forms 62-730.900(2)(a), (c) and (d) as adopted in paragraph 62-730.220(2)(a), F.A.C…

(1) No person shall begin construction or major modification of any unit at a hazardous waste facility without applying for and receiving a construction permit from the Department. Application for construction permits shall be made on DEP forms adopted in paragraph 62-730.220(2)(…

(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…

(1) Owners and operators of unpermitted hazardous waste facilities subject to the permitting requirements of 40 C.F.R. Parts 264 or 270 may perform remedial activities in accordance with the provisions of this chapter by obtaining an alternate enforceable document that meets the …

(1) No permit under this chapter shall be required for the following: (a) An ocean disposal barge or vessel, if the owner or operator: 1. Has and complies with a Federal permit for ocean dumping issued under 40 CFR Part 220; and, 2. Complies with 40 C.F.R. 264.11, 264.71, 264.72,…

(1) After notice, and administrative hearing if requested by a substantially affected party, the Department shall require the owner or operator to conform to new or additional conditions upon a showing of good cause. For the purposes of this rule good cause shall be limited to th…

(1) Prior to 180 days before the expiration of any hazardous waste permit, the permittee shall complete an application for a permit renewal, unless the facility has obtained or will obtain a facility-wide clean closure determination, without controls, or has entered or will enter…

(1) The pre-application public meeting requirements of 40 C.F.R. 124.31 [as adopted in subsection 62-730.200(3), F.A.C.] apply to: (a) Initial applications for construction or operation of a hazardous waste treatment, storage or disposal facility; and, (b) Operation permit renewa…

(1) Notwithstanding chapter 62-4, F.A.C., the hazardous waste permit fees are as follows: (a) Construction of a commercial treatment, storage, or disposal facility with a commercial incinerator, boiler or industrial furnace managing hazardous waste generated off-site. (b) Operati…

(1) "Explosives or munitions emergency response specialist" (EMER Specialist) means an individual trained in chemical or conventional munitions or explosives handling, transportation, render-safe procedures, or destruction techniques. EMER Specialists are limited to Department of…

Forms are listed here by form number. Copies of all forms can be obtained on the Florida DEP website 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…

Rulemaking Authority 403.061, 403.721 FS. Law Implemented 403.704, 403.7225, 403.7226, 403.7234, 403.7236, 403,7238, 403.7265, 403.74 FS. History-New 2-9-84, Formerly 17-31.02, 17-31.020, Amended 8-8-94, Formerly 17-731.020, Repealed 2-16-12.

(1) Each county in the State shall conduct the small quantity generator assessment, notification and verification program to identify hazardous waste related problems within its jurisdictional boundaries. This program shall be renewed every five years. (2) Each county small quant…

Rulemaking Authority 403.061, 403.721 FS. Law Implemented 403.704, 403.7225, 403.7226, 403.7236, 403.74 FS. History-New 2-9-84, Amended 1-27-85, Formerly 17-31.04, 17-31.06, 17-31.040, Amended 8-8-94, Formerly 17-731.040, Repealed 11-26-15.

Rulemaking Authority 403.061, 403.721, 403.7225, 403.7226, 403.7234, 403.7238, 403.7265 FS. Law Implemented 403.704, 403.7225, 403.7234, 403.7238, 403.7265, 403.74 FS. History-New 2-9-84, Amended 1-27-85, Formerly 17-31.05, 17-31.050, Amended 8-8-94, Formerly 17-731.050, Amended …

Rulemaking Authority 403.061, 403.721, 403.7225, 403.7226, 403.7234 FS. Law Implemented 403.704, 403.7225, 403.7234, 403.7265, 403.74 FS. History-New 2-9-84, Formerly 17-31.06, 17-31.060, Amended 8-8-94, Formerly 17-731.060, Amended 11-29-09, Repealed 2-16-12.

Rulemaking Authority 403.061, 403.721 FS. Law Implemented 403.704, 403.7238, 403.74 FS. History-New 8-8-94, Formerly 17-731.062, Amended 3-15-95, Repealed 2-16-12.

Rulemaking Authority 403.061, 403.721 FS. Law Implemented 403.704, 403.7225, 403.7234, 403.7238, 403.7265, 403.74 FS. History-New 8-8-94, Formerly 17-731.064, Repealed 2-16-12.

Rulemaking Authority 403.061, 403.7186 FS. Law Implemented 403.7186, 403.721 FS. History-New 5-10-95, Amended 5-20-98, Repealed 2-16-12.

(1) Generators, transporters, and facilities managing or disposing of spent mercury-containing lamps or devices in a manner other than recycling as provided for under this chapter are not subject to the provisions of this chapter, but shall comply with 40 C.F.R. 262.11, as adopte…

As used in this chapter, unless the context indicates otherwise, the following words, phrases, or terms shall have the following meanings: (1) "Ampoule" means an enclosed vessel containing liquid mercury or mercury amalgam and that is a component of a mercury-containing lamp or d…

(1) Effective January 1, 1996, any mercury-containing device or device components that contains mercury shall not knowingly be disposed of in landfills or incinerated in any manner prohibited by Section 403.7186, F.S. (2) Spent mercury-containing lamps or residuals therefrom shal…

(1)(a) All universal waste lamp or device handlers and transporters shall comply with the applicable 40 C.F.R. Part 273 requirements [as adopted in subsection 62-737.150(2), F.A.C.], and the requirements of this chapter. (b) In addition, handlers and transporters of spent univers…

Rulemaking Authority 403.061, 403.7186 FS. Law Implemented 403.7186, 403.721 FS. History-New 5-10-95, Amended 5-20-98, Repealed 2-16-12.

(1) A person wanting to construct or operate a mercury recovery or mercury reclamation facility shall submit an application to the Department to obtain a permit and shall meet the requirements for the applicable operation prior to commencing any construction activities or conduct…

(1) Mercury recovery facilities shall conform to the general facility requirements as specified in Rule 62-737.800, F.A.C. In addition, these facilities shall meet the requirements of this section. (2) These facilities shall not store quantities of processed or unprocessed materi…

(1) Mercury reclamation facilities shall conform to the general facility requirements as specified in Rule 62-737.800, F.A.C. In addition, these facilities shall meet the requirements of this section. (2) These facilities shall not store quantities of unprocessed materials that e…

The following forms are hereby adopted and incorporated by reference. The forms are listed by form number, title, and effective date. The forms can be obtained on the internet at https://floridadep.gov/waste/permitting-compliance-assistance/content/forms-chapter-62-737-management…

Rulemaking Authority 376.303, 403.721 FS. Law Implemented 376.30, 376.302, 376.303, 403.702, 403.704, 403.72, 403.721 FS. History-New 12-18-95, Repealed 2-16-12.

These management practices apply to any person producing, transporting or storing PCW for the purpose of recovering product and to any person recovering product from PCW. These management practices do not apply to materials not meeting the definition of PCW or used oil, oily wast…

(1) "Petroleum Contact Water" or "PCW" means water containing product. (a) Examples of materials that meet the definition of PCW include the following: 1. Condensate from underground and aboveground petroleum tanks. 2. Water bottoms or drawdown water removed from a petroleum stor…

(1) A producer shall determine whether to recover product from PCW. (2) If a producer decides not to recover product from the PCW, or the PCW contains hazardous constituents above those found in the product that produced the PCW, the PCW is a solid waste and the producer of the P…