Chapter F.A.C. Updates F. Thomas Lubozynski, P.E. Waste Program Administrator

Status of Revised , F.A.C. Latest version Latest version No additional workshops planned No additional workshops planned Must be approved by Environmental Regulatory Commission (ERC) Must be approved by Environmental Regulatory Commission (ERC) –August meeting?

Proposed Changes to Chapter Proposed Changes to Chapter

Proposed Changes to CCA Treated Wood in various rule sections. CCA-treated wood is defined. CCA-treated wood is defined. Mulching, composting, and burning of CCA-treated wood is prohibited. Mulching, composting, and burning of CCA-treated wood is prohibited. Unlined facilities accepting CCA-treated wood for processing or disposal are required to have a CCA management plan designed to reduce the amount of CCA- treated wood accepted. Unlined facilities accepting CCA-treated wood for processing or disposal are required to have a CCA management plan designed to reduce the amount of CCA- treated wood accepted. May be ground for use as interior, initial cover for lined landfill. May be ground for use as interior, initial cover for lined landfill.

Proposed Changes to Definitions Definitions –(51): The definition of "industrial byproduct" is amended to exclude "a mixed waste stream that is processed to remove recyclable materials; or materials the recycling or use of which is specifically addressed in Department rules, such as construction and demolition debris, ash residue, waste tires, used oil, and compost."

Proposed Changes to Definitions Definitions –(94) Adds a definition of "reasonable assurance" to mean "the existence of a substantial likelihood, although not an absolute guarantee, that the proposed activity and applicant will comply with agency rules, laws, orders and permit conditions. It does not mean proof that a facility will not fail."

Proposed Changes to General Applicability General Applicability –(2)(g) Clarifies that road maintenance wastes includes street sweepings, ditch scrapings, and catch basin sediments that are managed appropriately. Remove solid wastes, e.g., tires Remove solid wastes, e.g., tires Used for road construction or maintenance Used for road construction or maintenance

Proposed Changes to The prohibitions are amended as follows: The prohibitions are amended as follows: –Eliminated - Prohibition on storage or disposal in areas subject to frequent or periodic flooding. –Clarified - Prohibition on storage or disposal in water bodies excludes areas of standing water that exist only after storm events. –Eliminated - Prohibition on storage or disposal within 1000 feet of a community water supply well. –A prohibition on allowing dust in violation of air rules is added.

Proposed Changes to SWMF Permit Requirements SWMF Permit Requirements –(9) Allows the Department to issue a construction/operation permit for longer than five years in order to authorize operation for five years after construction is completed (not to exceed 10 years). –(9)(b) Adds specific provisions for how the Department will authorize operation after submittal of the certification of construction completion.

Proposed Changes to (15) Operator and Spotter (15) Operator and Spotter –Interim spotters and interim operators Direct supervision Direct supervision < 3 months < 3 months –Spotters can operate from heavy equipment and need not be located on the ground At lined facilities and at waste processing facilities, or At lined facilities and at waste processing facilities, or At any facility if location on the ground could pose a significant safety risk. At any facility if location on the ground could pose a significant safety risk.

Proposed Changes to SWMF Permit Requirements SWMF Permit Requirements –(16) Creates a new requirement for all facilities to have and implement a contingency plan for dealing with operational interruptions or emergencies such as fires, explosions, or natural disasters. –(17) Creates an exemption from the minimum ground water criteria ("free froms") within the zone of discharge of any permitted solid waste management facility constructed after January 6, 1993.

Proposed Changes to Landfill Permit Requirements Landfill Permit Requirements –(2) Permitted Footprint Lined landfills Lined landfills Entire design life of the facility Entire design life of the facility All the necessary information is submitted in the permit application All the necessary information is submitted in the permit application Adequate public notice is provided Adequate public notice is provided Subject to any new applicable construction or operation requirements that may be adopted. Subject to any new applicable construction or operation requirements that may be adopted.

Proposed Changes to Landfill Construction Requirements –(2) Requires side slope designs to meet a minimum factor of safety of 1.5 using peak strength values. –(3)(g) Class III landfills must be lined unless specifically exempted, based on site-specific criteria. –(4)(c) Leachate collection system Minimum slopes Minimum slopes Must have positive drainage Must have positive drainage –(7)(c)&(d) Liner System Construction QA Allows use of electrical leak location methods to reduce (but not eliminate) the number of destructive tests. Allows use of electrical leak location methods to reduce (but not eliminate) the number of destructive tests.

Proposed Changes to Water Quality Requirements Water Quality Requirements –(7)(b) If the only parameters exceeded in detection wells are iron, aluminum, manganese, sulfates, or TDS, then will not be required to sample for the full suite of Appendix I and Appendix II parameters. –(7)(c) Clarifies that if parameters are exceeded in compliance wells, the required corrective actions are those specified in Chapter , F.A.C.

Proposed Changes to (9) Water Quality Rqm’ts (9) Water Quality Rqm’ts –Submit monitoring data electronically –Submit within 60 days from completion of laboratory analyses –Submit Technical report every 2.5 years during the active life of the facility. every 2.5 years during the active life of the facility. Every 5 years during long-term care Every 5 years during long-term care

Proposed Changes to Special waste Handling Special waste Handling –Contaminated soil Not haz waste Not haz waste Runoff or infiltration collected by leachate system Runoff or infiltration collected by leachate system Untreated only at Class I landfill Untreated only at Class I landfill –Animal carcasses Class I Landfill Class I Landfill Property where they died Property where they died

Proposed Changes to Landfill Final Closure Landfill Final Closure –The landfill closure section is rewritten, with a number of outdated or unnecessary provisions eliminated. –Official Date of Closing Entire landfill, not portion Entire landfill, not portion –Unless can be monitored separately

Proposed Changes to Long Term Care Long Term Care (1) The current rule allows the Department to extend long-term care period if closure is found to be "ineffective." The proposed rule defines “ineffective”: – required monitoring was not done, – ongoing impacts to ground water, – gas continues to be produced, –Significant subsidence continues, or –cover is failing.

Proposed Changes to Long Term Care, cont Long Term Care, cont –(6) Requires permittees to submit a stabilization report every five years.

Proposed Changes to Financial Assurance Financial Assurance –(1)(b) Codifies name of the permittee and the name of the person submitting financial assurance documentation be identical. –(2)(c) Allows permittees to delay submitting proof of financial assurance under some conditions.

Proposed Changes to Financial Assurance Financial Assurance –(10) Must continue financial assurance if long-term care is extended Failed to perform the required monitoring and maintenance. Failed to perform the required monitoring and maintenance. Does not apply if they have performed the required activities and monitoring must continue past closure period Does not apply if they have performed the required activities and monitoring must continue past closure period

Proposed Changes to Waste Processing Facilities Waste Processing Facilities –(1)(e)5 Creates an exemption for facilities used to store road maintenance byproducts if they follow best management practices. –Exemption still being discussed: Facilities transferring solid wastes from small containers or vehicles to larger ones without placing the wastes on the ground to be exempt from leachate controls and trained spotters. Facilities transferring solid wastes from small containers or vehicles to larger ones without placing the wastes on the ground to be exempt from leachate controls and trained spotters.

Proposed Changes to Vegetative Waste is C&D Debris Vegetative Waste is C&D Debris New requirements for C&D Debris Facilities: New requirements for C&D Debris Facilities: –Specify maximum height in the permit; –Not be located in 100-yr floodplains; –100 foot setback from property boundary (above-grade sites); and –They must maintain 3:1 side slopes during the active life.

Proposed Changes to C&D Debris Facilities: C&D Debris Facilities: –Must provide financial assurance if LTC extended for failing to perform –Provides minimum liner requirements if the facility is lined. 60 mil-HDPE geomembrane 60 mil-HDPE geomembrane –Diverted, Source separated materials Considered recovered or raw materials Considered recovered or raw materials Not waste Not waste

Proposed Changes to Land Clearing Debris Land Clearing Debris –LCD operating under a general permit All yard trash All yard trash Untreated, unpainted wood Untreated, unpainted wood Wood pallets Wood pallets –Requirements Maintain 3:1 side slopes Maintain 3:1 side slopes Control objectionable odors. Control objectionable odors.

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