Florida Solid Waste Rule Amendments

Bill Preston

Florida has a somewhat unique hydrogeologic setting and shallow groundwater aquifers often used as potable water sources. This gave rise to the development of detailed and specific rules to govern the siting, permitting, construction, operation, and closure of various solid waste management facilities, including sanitary landfills. These rules are codified in Chapter 62-701, Florida Administrative Code (F.A.C.).

For more than a year, the FDEP has solicited technical and public comments on a series of substantial amendments to the solid waste rules. FDEP last made substantial amendments to these solid waste rules in the mid-1990s. That rulemaking effort is now nearing completion and the present schedule calls for adoption of the final rule amendments by the Florida Environmental Regulation Commission (ERC) in the immediate future.

Stakeholder involvement in the development of the solid waste rule overhaul has been substantial. Likewise, the number of procedural and substantive modifications to the existing provisions of Chapter 62-701, F.A.C, are numerous and sometimes complex. A brief listing of topics and provisions subject to change are as follows:

• Prohibitions on solid waste disposal/storage under certain conditions
  • setback and buffer distances;
  • PCBs;
  • biomedical wastes;
  • mercury-containing devices or lamps;
  • Permit fees for solid waste management facilities;
• Solid waste management facility permit requirements
  • construction inspections;
  • notice requirements;
  • engineer construction certifications;
  • permit renewal/transfer procedures;
  • airport safety requirements;
• Landfill construction requirements
  • liner system components and specifications;
  • leachate surface impoundments and storage tanks;
  • storm water regulation;
• Hydrogeological and geotechnical investigation requirements;
• Vertical expansion of landfills;
• Landfill operation requirements
  • operation plan and operating records;
  • initial/intermediate cover requirements;
  • erosion control;
  • leachate collection system maintenance and inspections;
• Water quality and leachate monitoring requirements;
• Special waste handling
  • disaster debris;
  • petroleum contaminated soils;
  • disposal of animal carcasses;
• Gas management systems;
• Landfill final closure and long-term care;
• Financial assurance; and
• Construction and demolition debris disposal and recycling.

As noted above, many provisions of Florida's solid waste rules are unique to the special needs of Florida with its unusual hydrogeology. These may pertain to other parts of the country with similar conditions in certain regions or areas. Some of these proposed changes may spark wider interest nationally because of the focus on groundwater protection. For those with siting issues in any jurisdiction, it may be worth reviewing the Florida amendments and their potential for applicability in your specific region of the country. The proposed and present rules are available on the FDEP website. The FDEP website is http://www.dep.state.fl.us/dwm/rulemaking/solidwaste/default.htm.

Bill Preston is a partner at Hopping, Green Sams & Smith located in Tallahassee, Florida. He serves as the Region 4 Regional Coordinator for the Special Committee on Solid Waste, and practices environmental law. He is a frequent contributor to the newsletter, and can be reached at (850) 425-2212 or by e-mail at prestonw@hgss.com.