7892034, 62-709.201 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 7892034

Notice of Proposed Rule

Department:

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Chapter:

CRITERIA FOR ORGANICS PROCESSING AND RECYCLING FACILITIES

Overview

RULE:

62-709.201	Definitions
62-709.300	General Provisions
62-709.305	Exemptions
62-709.320	General Provisions for Registrations
62-709.330	Specific Criteria for Registration of Yard Trash Processing Facilities
62-709.350	Specific Criteria for Registration of Facilities Composting Vegetative Wastes, Animal Byproducts or Manure, or Blending Manure
62-709.460	Special Permitting Criteria for Solid Waste Organics Recycling Pilot Projects
62-709.500	Design Criteria for Permitted Facilities
62-709.510	Operation Criteria for Permitted Facilities
62-709.530	Testing, Recording and Reporting Requirements
62-709.550	Classification of Compost
62-709.600	Criteria for the Use of Compost
62-709.901	Forms

PURPOSE:

The Department is proposing to amend Chapter 62-709, Florida Administrative Code (F.A.C.), which contains regulations for processing yard trash and for composting solid waste. This rule was last amended October 22, 2000 to allow for registrations rather than individual solid waste permits for processing of yard trash, and there were technical changes that needed to be made. In addition, the organics recycling industry requested the Department expand the variety of feedstocks that a facility can process while still qualifying for a registration due to the success of the yard trash processing facility registration provision in encouraging/promoting recycling of yard trash. There is also a need to provide a less burdensome process to the permitting process for short-term, size-restricted pilot and research project focused on recycling organic solid wastes.

SUMMARY:

Rule 62-709.201, F.A.C., Definitions – Some definitions were relocated into this rule from other parts of this chapter. Some definitions that were included in Rule 62-701.200, F.A.C., have been reinserted into this chapter to make it easier for the regulated community. New definitions have been added, including animal byproducts, beneficial use, maturity, motorized firefighting equipment, pre-consumer vegetative waste, size-reduced, and vegetative waste.
Rule 62-709.300, F.A.C., General Provisions – The closure requirements were moved to this section and expanded to include a requirement for notification to the Department of the closing date, as well as prohibiting receipt of waste after the established closing date, and specifying residual material removal within a month after ceasing to receiving solid waste. The exemption for industrial byproducts has been inserted to be consistent with recent changes in the statutes. The disinfection criteria mentioned in the definition of compost has been inserted to clarify what methods are acceptable to demonstrate that disinfection has been achieved. Temperature monitoring was inserted to make it clear that it applies to registered or permitted composting facilities. Applicable permit fees are now listed in this rule rather than in Chapter 62-701, F.A.C. The fees for registrations have not changed, but a fee was added for the organics recycling pilot project permits.
Rule 62-709.305, F.A.C., Exemptions – The exemptions for backyard composting and normal farming operations were moved from Rule 62-709.300, F.A.C. The exemption for normal farming was expanded to include clarification regarding when this exemption applies, and expanded it to include exempting manure management operations covered under Department concentrated animal feeding operation rules. It is clarified that the Department does not regulate beneficial use of processed yard trash. Guidelines for determining when land application of unprocessed yard trash, manure or vegetative waste is considered beneficial use are added.
Rule 62-709.320, F.A.C., General Provisions for Registrations – This rule has been expanded to include facilities composting vegetative waste, animal byproducts or manure with or without yard trash, and manure blending operations. The requirement for an interior lane width of 15 feet has been removed and replaced with a new provision requiring that none of the processed or unprocessed material shall be mechanically compacted. It requires that any putrescible waste be processed into the composting material or removed within 48 hours. Closure requirement clarifies that all residuals, solid waste and recyclable materials must be removed and properly managed in order to comply with the existing solid waste management requirements in Chapter 62-701, F.A.C. There are also a number of procedural and clerical changes.
Rule 62-709.330, F.A.C., Specific Criteria for Registration of Yard Trash Processing Facilities – This requirement directs yard trash processing facilities to comply with the general registration provisions in Rule 62-709.320, F.A.C, and specific requirements of this rule. The specific requirements that a facility processing only yard trash must meet in order to qualify for registration were relocated from Rule 62-709.320, F.A.C., because Rule 62-709.320, F.A.C., was expanded to address more than just yard trash processing facilities.
Rule 62-709.350, F.A.C., Specific Criteria for Registration of Facilities Composting Vegetative Wastes, Animal Byproducts or Manure, or Blending Manure – This requirement directs a facility processing vegetative wastes, animal byproducts or manure to comply with the general registration provisions in Rule 62-709.320, F.A.C, and specific requirements of this rule. This rule also sets forth specific requirements that the carbon-to-nitrogen ratio must be greater than 20, and limits the pile height to 12 feet. All materials received must be removed within 18 months unless otherwise authorized. While the composted or manure blended material must be disinfected, this section relieves facilities composting only pre-consumer vegetative waste from demonstrating that disinfection has been achieved. This rule specifies options for vector attraction reduction controls.
Rule 62-709.460, F.A.C., Special Permitting Criteria for Solid Waste Organics Recycling Pilot Projects – This rule creates a simplified permit for small, short-term organics recycling projects that would not already qualify for a registration under this Chapter, including research projects for composting of solid waste, or an organics recycling project that is not limited to composting. Permits are limited to 18 months with one extension for an additional 18 months, and project feedstock is limited to no more than 10,000 cubic yards. The prohibitions specified in subsection 62-709.300(7), F.A.C., apply, except for relaxing the prohibitions regarding setback distances to potable water wells (i.e., 250 feet versus 500 feet) and to water bodies (i.e., 100 feet versus 200 feet). Applicants receiving permits for these projects would still need to address site access, and controls for dust, litter, odors and vectors, fire protection and control. It requires certain unauthorized materials be immediately containerized and removed if discovered. Closure requirement clarifies that all residuals, solid waste and recyclable materials must be removed and properly managed in order to comply with the existing solid waste management requirements in Chapter 62-701, F.A.C. The permit application form to be used and the content of that application is specified, including contact information, documentation regarding land ownership, project description, materials processed, methods used to control odors, vectors and stormwater, and how the solid waste will disinfected and the method used to demonstrate disinfection has been achieved, operating parameters used to manage the process (including temperature monitoring), and closure procedures that will be used. It specifies operational options for vector attraction reduction controls. Record keeping and reporting requirements are also specified.
Rules 62-709.500, F.A.C., Design Criteria for Permitted Facilities, and 62-709.510 Operation Criteria for Permitted Facilities – The rule title was changed to make it clear that these two rules apply only to facilities requiring an individual permit under this chapter.
Rule 62-709.530, F.A.C., Testing, Recording and Reporting Requirements – The requirement to test for three parameters (total nitrogen, total phosphorus and total potassium) has been removed from the rule because they were no longer needed for evaluating compost. The list of pathogens required to demonstrate that materials have been disinfected has been expanded to be consistent with subsection 62-709.300(8), F.A.C. It excludes compost made from vegetative wastes or animal byproducts, in addition to yard trash or manure, from foreign matter and metals testing. The annual report form that a permitted facility must submit has been incorporated into Rule 62-709.901, F.A.C.
Rule 62-709.550, F.A.C., Classification of Compost – This rule has been updated to reflect the reduced requirements for registered facilities processing manure, vegetative waste and animal byproducts.
Rule 62-709.901, F.A.C., Forms – This rule lists the forms applicable to this chapter.

RULEMAKING AUTHORITY:

120.53, 403.061, 403.704, 403.7043 FS.

LAW:

120.53, 403.7043, 403.707 FS.

PRINT PUBLISH DATE:

11/6/2009 Vol. 35/44

COMMENTS:

From 11/6/2009 To 11/27/2009 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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