Fla. Admin. Code Ann. R. 62-701.300 - Prohibitions
(1) General prohibition.
(a) No person shall store, process, or
dispose of solid waste except as authorized at a permitted solid waste
management facility or a facility exempt from permitting under this
chapter.
(b) No person shall store,
process, or dispose of solid waste in a manner or location that causes air
quality standards to be violated or water quality standards or criteria of
receiving waters to be violated.
(2) Siting. Unless authorized by a Department
permit or site certification in effect on May 27, 2001, or unless specifically
authorized by another Department rule or a Department license or site
certification based upon site-specific geological, hydrogeological, design, or
operational features, no person shall store or dispose of solid waste:
(a) In an area where geological formations or
other subsurface features will not provide support for the solid
waste;
(b) Within 500 feet of an
existing or approved potable water well unless storage or disposal takes place
at a facility for which a complete permit application was filed or which was
originally permitted before the potable water well was in existence. This
prohibition shall not apply to any renewal of an existing permit that does not
involve lateral expansion, nor to any vertical expansion at a permitted
facility;
(c) In a dewatered pit
unless the pit is lined and permanent leachate containment and special design
techniques are used to ensure the integrity of the liner;
(d) In any natural or artificial body of
water including ground water and wetlands within the jurisdiction of the
Department. This prohibition also applies to areas where waste may settle into
ground water as a result of the maximum expected loads over the waste. This
prohibition does not apply to areas of standing water that exist only after
storm events, provided that the storage or disposal does not result in
objectionable odors or sanitary nuisances;
(e) Within 200 feet of any natural or
artificial body of water unless storage or disposal takes place at a facility
for which a complete permit application was filed or which was originally
permitted before the water body was in existence. This prohibition shall not
apply to any renewal of an existing permit that does not involve lateral
expansion, nor to any vertical expansion at a permitted facility. For purposes
of this paragraph, a "body of water" includes wetlands within the jurisdiction
of the Department, but does not include impoundments or conveyances which are
part of an on-site, permitted stormwater management system, or bodies of water
contained completely within the property boundaries of the disposal site which
do not discharge from the site to surface waters. A person may store or dispose
of solid waste within the 200 foot setback area upon demonstration to the
Department that permanent leachate control methods will result in compliance
with water quality standards and criteria. However, nothing contained herein
shall prohibit the Department from imposing conditions necessary to assure that
solid waste stored or disposed of within the 200 foot setback area will not
cause pollution from the site in contravention of Department rules; and,
(f) On the right of way of any
public highway, road, or alley.
(3) Burning. Open burning of solid waste is
prohibited except in accordance with chapter 62-256, F.A.C. Controlled burning
of solid waste is prohibited except in a permitted incinerator, or in a
facility in which the burning of solid waste is authorized by a site
certification order issued under chapter 403, part II, F.S.
(4) Hazardous waste. No hazardous waste shall
be disposed of in a solid waste management facility unless such facility is
permitted pursuant to chapter 62-730, F.A.C.
(5) PCBs. Disposal of liquids containing a
polychlorinated biphenyl (PCB), or non-liquid PCBs in the form of contaminated
soil, rags, or other debris, may be restricted or prohibited by 40 CFR Part
761. Persons managing PCBs are advised to consult that federal regulation
before attempting to dispose of PCBs in any solid waste disposal unit in this
state.
(6) Biomedical waste.
(a) No biomedical waste shall be knowingly
deposited in any solid waste management facility unless:
1. The solid waste facility is specifically
permitted to receive untreated biomedical waste,
2. The biomedical waste has been properly
incinerated so that little or no organic material remains in the ash residue,
or treated by a process approved by the Department of Health, and the
provisions in paragraph
62-701.520(5)(d),
F.A.C., are complied with, or
3.
The biomedical waste is generated by an individual as a result of self-care, or
care by a family member or other non health care provider. However, in order to
reduce the chance of exposure to the public, home generators are advised to
segregate and package such waste before disposal according to the guidelines
for disposal of home-generated biomedical waste available from each county
health department.
(b) No
solid waste, including treated biomedical waste, shall be commingled with
untreated biomedical waste unless the solid waste is being managed in the same
manner as the untreated biomedical waste.
(c) Treated or untreated biomedical waste
shall not be allowed to leak into the environment during
transport.
(7) Class I
surface waters. The Department shall not issue a construction permit for a
landfill within 3, 000 feet of Class I surface waters.
(8) Special wastes for landfills.
(a) No person who knows or who should know of
the nature of such solid waste shall dispose of the following wastes:
1. Lead-acid batteries in any
landfill,
2. Used oil in any
landfill, except as provided in chapter 62-710, F.A.C.,
3. Yard trash in a Class I landfill, except
as may be allowed pursuant to section
403.708(12)(c),
F.S.; and,
4. White goods in any
landfill.
(b) Whole waste
tires may not be disposed of in any landfill or in any construction and
demolition debris disposal facility, except as provided in chapter 62-711,
F.A.C.
(9) Special wastes
for waste-to-energy facilities. No person who knows or who should know of the
nature of such solid waste shall dispose of lead-acid batteries,
mercury-containing devices, or spent mercury-containing lamps in any
waste-to-energy facility.
(10)
Liquids restrictions.
(a) Noncontainerized
liquid waste shall not be placed in solid waste disposal units which accept
household waste or construction and demolition debris for disposal unless:
1. The liquid waste is household waste other
than septic waste, or
2. The liquid
waste is leachate or gas condensate derived from the solid waste disposal unit,
or byproducts of the treatment of such leachate or gas condensate, and the
solid waste disposal unit is lined and has a leachate collection
system.
(b) Containers
holding liquid waste shall not be placed in a solid waste disposal unit unless:
1. The container is a small container similar
in size to that normally found in household waste,
2. The container is designed to hold liquids
for use other than storage, or
3.
The waste is household waste.
(c) Containers or tanks twenty gallons or
larger in capacity shall either have one end removed or cut open, or have a
series of punctures around the bottom to ensure the container is empty and free
of residue. The empty container or tank shall be compacted to its smallest
practical volume for disposal.
(11)
(a)
Used oil and oily wastes. Except as provided in paragraph (b) of this
subsection, no person may mix or commingle used oil with solid waste that is to
be disposed of in landfills or directly dispose of used oil in
landfills.
(b) Oily wastes,
sorbents or other materials used for maintenance or to clean up or contain
leaks, spills or accidental releases of used oil, and soils contaminated with
used oil as a result of spills or accidental releases are not subject to the
prohibition in paragraph (a) of this subsection.
(12) Yard trash. The prohibitions of this
section apply to the storage, processing, or disposal of yard trash, except
that paragraphs (2)(b) and (e), of this rule, are modified so that the
following setback distances shall apply:
(a)
100 feet from off-site potable water wells, no setback required from on-site
water wells; and,
(b) 50 feet from
water bodies.
(13) Tanks.
The prohibitions in subsection (2) of this rule, do not apply to the storage or
treatment of solid waste in tanks which meet the criteria of chapter 62-761, or
subsection 62-701.400(6),
F.A.C. Instead, no such storage tank shall be installed within 500 feet of any
existing community water supply system or any existing non-transient
non-community water supply system, nor shall any tank be installed within 100
feet of any other existing potable water supply well.
(14) CCA treated wood. CCA treated wood shall
not be incorporated into compost or made into mulch, decorative landscape chips
or any other wood product that is applied as a ground cover, soil or soil
amendment. CCA treated wood may be ground and used as initial cover on interior
slopes of lined solid waste disposal facilities provided it meets the criteria
of subsection 62-701.200(53),
F.A.C. CCA treated wood shall not be disposed of through open burning or
through combustion in an air curtain incinerator.
(15) Dust. The owner or operator of a solid
waste management facility shall not allow the unconfined emissions of
particulate matter in violation of paragraph
62-296.320(4)(c),
F.A.C.
(16) Indoor storage. The
prohibitions in subsection (2) of this rule, do not apply to the storage or
processing of solid waste indoors, provided that the indoor storage area has an
impervious surface and a leachate collection system. For the purposes of this
subsection, an impervious surface means either a poured concrete pad having a
minimum thickness of four inches, or an asphalt concrete paving with both a
minimum thickness of one and one-half inches and with an additional component
to restrict leaching to ground water such as a soil cement sub-base, an epoxy
seal or a geomembrane.
(17) Storage
in vehicles or containers. The prohibitions in subsection (2) of this rule, do
not apply to the storage of solid waste in an enclosed or covered vehicle or
container, provided that such vehicle or container has either been unloaded or
moved over public highways within the previous seven days, and provided also
that reasonable efforts have been made to minimize leakage from the vehicle or
container.
(18) Existing
facilities. Those portions of facilities which were constructed prior to May
27, 2001, remain subject to the prohibitions that were in effect at the time
the permit authorizing construction was issued. Lateral expansions of such
facilities remain subject to the prohibitions that were in effect at the time
the permit authorizing the lateral expansion was issued. For example, portions
of facilities constructed prior to May 19, 1994 were subject to the prohibition
against storing or disposing of solid waste within 500 feet of an existing or
approved shallow water supply well, but are not subject to the prohibitions of
paragraph (2)(b) of this rule. However, lateral expansions of such facilities
which occurred after May 19, 1994, are subject to the prohibitions of paragraph
(2)(b) of this rule.
Notes
Rulemaking Authority 403.704 FS. Law Implemented 403.704, 403.7045(3)(d), 403.707, 403.708, 403.751(1) FS.
Formerly 10D-12.06, 10D-12.07, 10-1-74, Amended 5-24-79, 5-27-82, 12-10-85, Formerly 17-7.04, 17-7.040, Amended 6-25-90, Formerly 17-701.040, Amended 1-6-93, 1-2-94, 5-19-94, Formerly 17-701.300, Amended 12-23-96, 5-27-01, 1-6-10, 8-12-12, 2-15-15.
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