Section 62-730.265 - Clean Closure Plans at Unpermitted Facilities and Subpart H Remedial Action Plans(1) Owners and operators of unpermitted hazardous waste facilities subject to the permitting requirements of 40 C.F.R. Parts 264 or 270 may perform remedial activities in accordance with the provisions of this chapter by obtaining an alternate enforceable document that meets the requirements of 40 C.F.R. 265.121 [as adopted in subsection 62-730.180(2), F.A.C.], with clean closure plan requirements. Except as provided in 40 C.F.R. 264.1(g)(8) [as adopted in subsection 62-730.180(1), F.A.C.] no person shall conduct remedial activities at an unpermitted hazardous waste facility without applying for and receiving a hazardous waste permit, or complying with a clean closure plan issued by the Department or an order issued by EPA pursuant to §3008(h) of RCRA [42 USC § 6928(h)].(2) Owners and operators of unpermitted hazardous waste facilities subject to the permitting requirements of 40 C.F.R. Part 264 [as adopted in subsection 62-730.180(1), F.A.C.] or 40 C.F.R. Part 270 [as adopted in subsection 62-730.220(1), F.A.C.] shall comply with the provisions for remedial activities of Rule 62-730.225, F.A.C., the financial assurance provisions of Rule 62-730.226 and the public notice requirements of Rule 62-730.292, F.A.C.(3) Owners and operators of remediation sites where hazardous remediation waste as defined in 40 C.F.R. 260.10 [as adopted in subsection 62-730.020(1), F.A.C.] is generated, may apply for approval of a Subpart H RAP in accordance with the requirements and procedures of 40 C.F.R. Part 270 Subpart H [as adopted in subsection 62-730.220(1), F.A.C.] in order to treat, store or dispose of the hazardous remediation waste. All applications for a Subpart H RAP shall be sent to the appropriate department project manager.(4) The Department periodically prepares or updates a summary of options for management of environmental media (soil, sediments, groundwater, surface water) that contains hazardous waste. This summary is updated from time to time and is referenced for informational purposes only. Use of the summary is not mandatory. A copy can be obtained by contacting the Permitting and Compliance Assistance Program, MS 4500, Division of Waste Management, Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400 or by locating the publication entitled "Management of Contaminated Media Under RCRA" at https://floridadep.gov/waste/permitting-compliance-assistance/content/hazardous-waste-publications.Fla. Admin. Code Ann. R. 62-730.265
Rulemaking Authority 403.704, 403.707, 403.721, 403.722 FS. Law Implemented 403.704, 403.707, 403.721, 403.722 FS.
New 1-29-06, Amended by Florida Register Volume 44, Number 124, June 26, 2018 effective 6/18/2018.New 1-29-06, Amended 6-18-18.