(1) The
Department adopts by reference 40 CFR Part
261 revised as of July 1, 2019,
http://www.flrules.org/Gateway/reference.asp?No=Ref-12294,
and as amended in the 84 Federal Register dated December 9, 2019 (67202-67220)
http://www.flrules.org/Gateway/reference.asp?No=Ref-12299,
and all appendices, with the exceptions described in paragraphs (1)(a) and (b),
of this rule. 40 C.F.R. Part
261 [as adopted in this subsection] contains EPA's
rules on the identification and listing of hazardous waste. No delisting
published by EPA in 40 C.F.R. Part
261 is effective in Florida until it is
adopted by the Department.
(a) The following
sections that are applicable only to unauthorized states:
40 C.F.R.
261.149 and
261.150.
(b) The optional amendments to
40 C.F.R.
261.3(a)(2)(iv)(A), (B), (D), (F) and
(G) in the Federal Register dated October 4,
2005 (70 FR
57769); and the optional addition of "267" to
40 C.F.R.
261.6(a)(3),
261.6(c)(1),
261.6(d),
261.7(a)(1),
261.7(a)(2),
261.30(c),
261.4(a)(26)(iv),
and
261.4(b)(18)(iv).
(2) A very small quantity generator (VSQG)
which chooses to send its hazardous waste to an off-site treatment, storage or
disposal facility shall document delivery of its hazardous waste through
written receipts and other records which are retained for at least three years.
The written receipts and other records shall include names and addresses of the
generator and the treatment, storage or disposal facility, the type and amount
of hazardous waste delivered, and the date of shipment.
(3)
40 C.F.R.
261.2(f) [as adopted in
subsection
62-730.030(1),
F.A.C.] requires respondents in actions to enforce regulations to provide
appropriate documentation to support their claim that a material is not a solid
waste or is conditionally exempt from regulation.
(a) With respect to a claim that a substance
(which if otherwise disposed of would be a hazardous waste under this chapter)
is not a solid waste because it is a mixture of domestic sewage and other
wastes that passes through a sewer system to a publicly owned treatment works
(POTW) for treatment under 40 C.F.R.
261.4(a)(1) [as adopted in
subsection
62-730.030(1),
F.A.C.], "appropriate documentation" shall mean a copy of notification to the
POTW and the Department in accordance with the requirements of subsection
62-625.600(15),
F.A.C., including a copy of the certification required by paragraph
62-625.600(15)(d),
F.A.C. In order to avoid a penalty for disposal of hazardous waste without
proper notification, the documentation must have been submitted to the POTW on
a date prior to the date of the Department's inspection of the facility and
prior to the Department's request for such documentation. This provision
applies to all hazardous waste generators, including VSQGs, which discharge
more than 15 kilograms of non-acute hazardous wastes in any calendar month, or
any quantity of acute hazardous wastes.
(b) With respect to a claim that hazardous
waste is exempt from regulation because it was disposed of or generated by one
or more VSQGs who meet the requirements of
40 C.F.R.
260.10,
262.13(f), and
262.14 [as adopted in subsections
62-730.020(1)
and
62-730.160(1),
F.A.C.] "appropriate documentation" shall mean written records from each
applicable VSQG, detailing the quantities of hazardous waste generated by that
VSQG, and the method and location of disposal of such hazardous
waste.
Notes
Fla. Admin.
Code Ann. R. 62-730.030
Rulemaking Authority
403.72,
403.721,
403.8055 FS. Law Implemented
403.72,
403.721
FS.
New 5-28-81, Amended
9-8-81, 12-6-81, 3-4-82, 11-25-82, 5-19-83, 1-5-84, 8-24-84, 12-18-84, 7-5-85,
10-3-85, Formerly 17-30.03, Amended 5-5-86, 8-25-86, 9-19-86, 10-31-86,
3-31-87, 4-13-88, Formerly 17-30.030, Amended 1-25-89, 8-13-90, 9-10-91,
10-14-92, 10-7-93, Formerly 17-730.030, 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, 6-8-10, 10-12-11, 6-29-12, 4-23-13, 11-27-13, Amended by
Florida
Register Volume 41, Number 121, June 23, 2015 effective
6/17/2015, Amended by
Florida
Register Volume 42, Number 071, April 12, 2016 effective
4/5/2016, 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.
New 5-28-81, Amended 9-8-81, 12-6-81, 3-4-82, 11-25-82,
5-19-83, 1-5-84, 8-24-84, 12-18-84, 7-5-85, 10-3-85, Formerly 17-30.03, Amended
5-5-86, 8-25-86, 9-19-86, 10-31-86, 3-31-87, 4-13-88, Formerly 17-30.030,
Amended 1-25-89, 8-13-90, 9-10-91, 10-14-92, 10-7-93, Formerly 17-730.030,
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, 6-8-10, 10-12-11, 6-29-12, 4-23-13,
11-27-13, 6-17-15, 4-5-16, 6-18-18, 6-26-19,
10-30-20.