Changes to Chapter 62-701, Florida Administrative Code, Have Been Finalized

The Certification Package for the Phase III changes to Chapter 62-701, F.A.C., was filed on February 22, 2016; these changes will become effective 20 days later or on March 13, 2016.  Review of the regulation reveals one substantive change: Rule 62-701.730(13)(e), F.A.C., which is new and reads:

The owner or operator of any permitted materials recovery or disposal facility that accepts dedicated loads of construction and demolition debris shall ensure that such materials are processed, to the extent economically feasible, to remove recyclable materials prior to disposal.  The owner or operator of such a facility shall evaluate the economic feasibility of processing to remove recyclable materials prior to disposal, and shall certify that they have evaluated the economic feasibility for processing construction and demolition debris.  The certification shall indicate the economic factors that were considered in the evaluation, the types of construction and demolition debris materials that were evaluated, and whether it was determined that processing to remove recyclable materials prior to disposal was economically feasible.  The evaluation and certification shall be documented on Form 62-701.900(36), Certification of Economic Feasibility to Process C&D Debris Prior to Disposal, effective date [eff. date], hereby adopted and incorporated by reference.  Copies of this form are available from a local District Office or by writing to the Department of Environmental Protection, Solid Waste Section, MS #4565, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.  This certification shall be completed no later than September 13, 2016 for existing facilities, or prior to operating a new facility on or after March 13, 2016.  Thereafter, the evaluation and certification shall be completed at least annually.  Where an owner or operator becomes aware of changed conditions that they believe warrant discontinuing processing to remove recyclable materials prior to disposal, the owner or operator may temporarily discontinue such processing for a period of up to 12 months; however, such changed conditions shall be incorporated in the next evaluation and certification on Form 62-701.900(36). Documentation of each evaluation and certification shall be kept at the facility and made available to the Department upon request, along with supporting documentation for the items considered in the course of the economic evaluation.  If the owner or operator determines that it is economically feasible to process some or all of a material being accepted, but the material currently is not being processed, then such material shall be processed prior to disposal to remove the fraction of the recyclable material to the extent economically feasible no later than three months after completion of any process changes that were identified by the owner or operator as part of the associated economic feasibility evaluation.  Reporting the amounts of any recovered materials separated from the waste stream shall continue to be provided in accordance with the requirements of Chapter 62-722, F.A.C.  Other than the referenced provisions of Chapter 62-722 F.A.C., this paragraph does not apply to: 1. Recovered materials; 2. Materials that have previously been source-separated and offered for recycling; 3. Materials that have been previously processed to remove recyclable materials; or 4. Off-site disposal of yard trash authorized in accordance with Rule 62-701.803, F.A.C.

According to FDEP, the Department of State will be posting their official version soon.