Florida Solid Waste Rule Making

William D. Preston

The Florida Department of Environmental Protection ("FDEP") has a history as a national leader in terms of the development and implementation of solid waste management regulations. However, it has been several years since that agency has opened its primary rule on solid waste management facilities codified under Chapter 62-701, Florida Administrative Code ("F.A.C."). Starting in Fall 1999, FDEP staff undertook to initiate a rule amendatory project designed to update and overhaul its rules on this subject. Here is a brief summary of that effort to date.

Rule making in Florida follows a public input/administrative process mandated by Florida’s Administrative Procedure Act under Chapter 120, Florida Statutes ("F.S."). A series of draft rule amendments are scheduled for public workshops held at various times around Florida. Those open-dialogue workshops are followed by the submittal of written comments to be utilized in formulating the next rule draft. The last such public workshop was held in Orlando on February 15-16, 2000.

Substantively, the proposal includes a number of significant modifications and additions to Chapter 62-701 F.A.C. The proposal includes key amendments and new definitions, updating of various technical documents incorporated by reference, and significant modifications to the rules on operator training and landfill construction and operation. The proposal contains a number of technical changes to the facility liner requirements since groundwater impacts are of primary concern in Florida given its unique hydrogeologic setting. Also proposed for modification are the corresponding surface water and ground water sampling and monitoring requirements. Changes are also on tap for rule sections on landfill closure, construction and demolition debris disposal facilities, and for other waste processing installations.

FDEP has set up a web site should you wish to check out this rule making project for possible applicability to solid waste rules in your own state or area. If you need additional information or need to download copies of the rule, notices, etc., you can access that site at http://www.dep.state.fl.us/dwm/rulemaking/solidwaste/.

Bill Preston is a Regional Coordinator for the SCSW and a partner at Hopping Green Sams & Smith in Tallahassee, Florida.