Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-673 - PHOSPHOGYPSUM MANAGEMENT › Section 62-673.200 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
The following words, phrases or terms as used in this
				  chapter, unless the context indicates otherwise, shall have the following
				  meaning:
(1) "Aquifer" means a
				geologic formation, group of formations, or part of a formation capable of
				yielding a significant amount of groundwater to wells, springs or surface
				water.
(2) "Closing" means the time
				at which a phosphogypsum stack system ceases to accept wastes, and includes
				those actions taken by the owner or operator of the facility to prepare the
				system for any necessary monitoring and maintenance after closing.
(3) "Closure" means the cessation of
				operation of a phosphogypsum stack system and the act of securing such a system
				so that it will pose no significant threat to human health or the environment.
				This includes closing, long-term monitoring, maintenance and financial
				assurance.
(4) "Department" means
				the State of Florida Department of Environmental Protection.
(5) "Disposal" means the discharge, deposit,
				injection, dumping, spilling, leaking, or placing of any solid waste into or
				upon any land or water so that such solid waste or any constituent thereof may
				enter other lands or be emitted into the air or discharged into any waters,
				including groundwaters, or otherwise enter the environment.
(6) "Facility" means all contiguous land and
				structures, other appurtenances and improvements on the phosphate fertilizer
				manufacturing complex.
(7) "Final
				cover" means the materials used to cover the top and sides of a phosphogypsum
				stack upon closure.
(8)
				"Geomembrane" means a low-permeability synthetic membrane used as an integral
				part of a system designed to limit the movement of liquid or gas in the
				system.
(9) "Lateral expansion"
				means the expansion, horizontally, of phosphogypsum or process wastewater
				storage capacity beyond the permitted capacity and design dimensions of the
				phosphogypsum stack, or cooling ponds, surge ponds, and perimeter drainage
				conveyances at an existing facility. Any phosphogypsum stack, cooling pond,
				surge pond, or perimeter drainage conveyance which is constructed within 2, 000
				feet of an existing phosphogypsum stack system, measured from the edge of the
				expansion nearest to the edge of the footprint of the existing phosphogypsum
				stack system, is considered a lateral expansion.
(10) "Leachate" means liquid that has passed
				through or emerged from phosphogypsum.
(11) "Liner" means a continuous layer of low
				permeability natural or synthetic materials which controls the downward and
				lateral escape of waste constituents or leachate from a phosphogypsum stack
				system.
(12) "100-year floodplain"
				means the lowland and relatively flat areas adjoining inland and coastal
				waters, including flood-prone areas of offshore islands, that are inundated by
				the 100-year flood.
(13)
				"Phosphogypsum" means calcium sulfate and byproducts produced by the reaction
				of sulfuric acid with phosphate rock to produce phosphoric acid. Phosphogypsum
				is a solid waste within the definition of Section
				 403.703(13),
				F.S.
(14) "Phosphogypsum stack"
				means any defined geographic area associated with a phosphoric acid production
				facility in which phosphogypsum is disposed of or stored, other than within a
				fully enclosed building, container or tank.
(15) "Phosphogypsum stack system" means the
				phosphogypsum stack (or pile, or landfill), together with all pumps, piping,
				ditches, drainage conveyances, water control structures, collection pools,
				cooling ponds, surge ponds, auxiliary holding ponds, regional holding ponds and
				any other collection or conveyance system associated with the transport of
				phosphogypsum from the plant to the phosphogypsum stack, its management at the
				stack, and the process wastewater return to the phosphoric acid production or
				other process. This definition specifically includes toe drain systems and
				ditches and other leachate collection systems, but does not include conveyances
				within the confines of the fertilizer production plant or emergency diversion
				impoundments used in emergency circumstances caused by rainfall events of high
				volume or duration for the temporary storage of process wastewater to avoid
				discharges to surface waters of the state.
(16) "Process wastewater" means any water
				which, during manufacturing or processing, comes into direct contact with or
				results from the production or use of any raw material, intermediate product,
				finished product, by-product, or waste product, along with any leachate or
				runoff from the phosphogypsum stack system. This term does not include
				contaminated nonprocess wastewater as that term is defined in
				40 C.F.R.
				418.11(c).
(17) "Related parties" means affiliates of
				the enterprise; entities for which investments are accounted by the equity
				method by the enterprise; trusts for the benefit of employees, such as pension
				and profit-sharing trusts that are managed by or under the trusteeship of
				management; principal owners of the enterprise; its management; members of the
				immediate families of principal owners of the enterprise and its management;
				and other parties with which the enterprise may deal if one party controls or
				can significantly influence the management or operating policies of the other
				to an extent that one of the transacting parties might be prevented from fully
				pursuing its own separate interests. Another party also is a related party if
				it can significantly influence the management or operating policies of the
				transacting parties or if it has an ownership interest in one of the
				transacting parties and can significantly influence the other to an extent that
				one or more of the transacting parties might be prevented from fully pursuing
				its own separate interests.
(18)
				"Shallow water supply well" means any potable water well which pumps water from
				an unconfined water table aquifer.
(19) "Stack system configuration as of the
				end of its useful life" means the maximum physical dimensions of the
				phosphogypsum stack system as provided by the applicant in a general plan and
				schedule for closure or a closure plan submitted to the Department pursuant to
				Rule  62-673.600 or
				 62-673.610,
				F.A.C.
Rulemaking Authority
					 403.061,
					 403.4154,
					 403.704 FS. Law Implemented
					 403.4154,
					 403.703,
					 403.707
					 FS.
New 3-25-93, Formerly 17-673.200, Amended 7-2-05,
					 7-19-06.