Fla. Admin. Code R. 62-730.170

Current through Reg. 50, No. 217; November 5, 2024

Section 62-730.170 - Standards Applicable to Transporters of Hazardous Waste

(1) The Department adopts by reference 40 C.F.R. Part 263 revised as of July 1, 2017 http://www.flrules.org/Gateway/reference.asp?No=Ref-10443, with the exception of the optional addition of "267" to 263.12 http://www.flrules.org/Gateway/reference.asp?No=Ref-00590.

(2) In addition to the requirements of subsection (1), of this rule, no person shall transport a hazardous waste within the state for which either a manifest is required under 40 C.F.R. Part 262 [as adopted in subsection 62-730.160(1), F.A.C.] or a reclamation agreement is entered between a generator and recycler pursuant to 40 CFR 263.20 [as adopted in subsection 62-730.170(1), F.A.C.] unless compliance with the following special requirements have been demonstrated.

(a) The transporter shall have and maintain financial responsibility for sudden accidental occurrences in a minimum amount of $1,000,000.00 per occurrence for combined coverage of injury to persons and for damage to property and the environment from the spillage of hazardous waste while such wastes are being transported including the costs of cleaning up the spill. Such financial responsibility shall be issued by an agent or company authorized or licensed to transact business in the State of Florida. Such financial responsibility shall be maintained at all times, be exclusive of legal defense costs, and be established by any one or a combination of the following:

1. Evidence of casualty/liability insurance on a claim or occurrence basis with or without a deductible. With the deductible the Insurer is liable for the payment of amounts within any deductible applicable to the policy, with a right of reimbursement by the insured for any such payment made by the Insurer. Each insurance policy must be evidenced by a certificate of liability insurance or amended by attachment of an endorsement.

2. Surety bonds.

(b) Evidence of coverage shall include submittal of an originally signed copy of one or more of the following forms, which are hereby adopted and incorporated by reference. These forms can be obtained on the internet at https://floridadep.gov/waste/permitting-compliance-assistance/content/forms-chapter-62-730-hazardous-waste or by contacting the Permitting and Compliance Assistance, MS 4500, Division of Waste Management, Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

1. Certificate of Liability Insurance Hazardous Waste Transporter and Used Oil Handler, Form 62-730.900(5)(a), effective date 4-23-13 (http://www.flrules.org/Gateway/reference.asp?No=Ref-02081).

2. Hazardous Waste Transporter Liability Endorsement, Form 62-730.900(5)(b), effective date 4-23-13 (http://www.flrules.org/Gateway/reference.asp?No=Ref-02083).

3. Hazardous Waste Transporter Liability Surety Bond, Form 62-730.900(5)(c), effective date 4-23-13 (http://www.flrules.org/Gateway/reference.asp?No=Ref-02084).

(c) The insurance policy, including all endorsements, or the liability surety bond must be maintained at the carrier's principal place of business.

(d) Whenever requested by the Secretary (or designee) of the Florida Department of Environmental Protection, the Insurer agrees to furnish to the Department a signed duplicate original of the policy and all endorsements.

(e) Transporters of hazardous waste that also register as used oil handlers shall submit evidence of casualty/liability insurance in accordance with the requirements of paragraphs 62-730.170(2)(a) and (b) of this subsection and a complete and accurate Form 62-730.900(1)(b) [adopted by reference in paragraph 62-730.150(2)(a), F.A.C.] with their annual used oil registration [in accordance with rules 62-710.500 and 62-730.600, F.A.C., as applicable] by March 1 of each year. Upon receipt of complete and accurate documents required by this paragraph, the Department shall include in the registration, authorization to transport hazardous waste which shall be valid until June 30 of the following year. If the registration is not renewed by June 30 of the following year because the Department has not received complete and accurate documents for renewal, the transporter will no longer be authorized to transport hazardous waste in Florida.

1. Currently valid hazardous waste transporter certificates, for transporters that are also registered as used oil handlers, that expire after the effective date of this rule, but before June 30, 2013, shall remain valid until June 30, 2013 if the transporter maintains casualty/liability coverage for the extended period. The Department shall issue a letter to the transporter stating that the certificate of approval is valid until June 30, 2013 as long as the transporter maintains casualty/liability insurance coverage for the extended period.

2. Initial notification to transport hazardous waste may be submitted by a registered used oil handler at any time, and providing the casuality/liability insurance has not changed and is still current, the Department shall revise the transporter's used oil registration to include authorization to transport hazardous waste.

(f) Transporters of hazardous waste that do not register as used oil handlers shall submit evidence of casualty/liability insurance in accordance with the requirements of paragraphs 62-730.170(2)(a) and (b), of this subsection, and a complete and accurate Form 62-730.900(1)(b) [adopted by reference in paragraph 62-730.150(2)(a), F.A.C.] by September 1 of each year. Upon receipt of complete and accurate documents required by this paragraph, the Department shall issue to each transporter authorization to transport hazardous waste which shall be valid until November 30 of the following year. If the authorization is not renewed by November 30 of the following year because the Department has not received complete and accurate documents for renewal, the transporter will no longer be authorized to transport hazardous waste in Florida.

1. Currently valid hazardous waste transporter certificates of approval, for transporters that are not registered as used oil handlers, that expire after the effective date of this rule, but before November 30, 2013, shall remain valid until November 30, 2013 if the transporter maintains casualty/liability coverage for the extended period. The Department shall issue a letter to the transporter stating that the certificate of approval is valid until November 30, 2013 as long as the transporter maintains casualty/liability insurance coverage for the extended period.

2. Initial notification to transport hazardous waste may be submitted at any time along with evidence of casualty/liability insurance, and providing the requirements of this paragraph are met, the Department shall issue authorization to transport hazardous waste that is valid through November 30 of the following year.

(g) Each registered transporter shall maintain a copy of the authorization to transport hazardous waste in any vehicle transporting hazardous waste.

(h) This subsection does not apply to any person who transports hazardous waste only on the site of a hazardous waste generator or a permitted hazardous waste treatment, storage, or disposal facility.

(i) States and the federal government are exempt from the requirements of this subsection.

(3) Evidence of financial responsibility, updated for the current year, shall be verified annually by the submission of the appropriate form described in paragraph (2)(b) of this rule, or by the submission of a certificate of insurance. A certificate of insurance shall include a certification by the insurer that the original insurance policy and all endorsements are still in full force and effect as evidenced on the original forms submitted to the Department.

Fla. Admin. Code Ann. R. 62-730.170

Rulemaking Authority 403.704, 403.721, 403.724, 403.8055 FS. Law Implemented 403.704, 403.721, 403.724 FS.

New 11-8-81, Amended 5-31-84, 9-13-84, Formerly 17-30.17, Amended 9-19-86, 3-31-87, 5-26-87, 6-28-88, Formerly 17-30.170, Amended 1-25-89, 8-13-90, 9-10-91, 10-14-92, 10-7-93, Formerly 17-730.170, Amended 1-5-95, 4-30-97, 8-19-98, 2-4-00, 12-20-00, 8-1-02, 10-1-04, 1-29-06, 4-6-06, 5-1-07, 4-25-08, 5-8-09, 10-12-11, 4-23-13, Amended by Florida Register Volume 41, Number 121, June 23, 2015 effective 6/17/2015, Amended by Florida Register Volume 42, Number 071, April 12, 2016 effective 4/5/2016, Amended by Florida Register Volume 44, Number 124, June 26, 2018 effective 6/18/2018, Amended by Florida Register Volume 45, Number 128, July 2, 2019 effective 6/26/2019.