Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-730 - HAZARDOUS WASTE › Section 62-730.210 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
(1) The definitions as described in Rule
				62-730.020, F.A.C., shall apply
				to this part.
(2) In addition, as
				used in this part:
(a) "Authorization" means
				any permit, certification, consent, designation, approval, variance,
				registration, license, agreement, order (including consent order), enforceable
				document, or other determination required by law from the Department prior to
				some proposed action or to obtain some relief.
(b) "Clean closure determination" means a
				determination by the Department that all wastes and waste residues; all
				contaminated system components, structures and equipment; and all soil,
				sediment, groundwater, and surface water at a contaminated site have been
				removed or decontaminated to the extent necessary to protect human health and
				the environment. Applicants for a clean closure determination without controls
				must demonstrate that they meet cleanup target levels for risk management
				option level I pursuant to subsection
				 62-780.680(1),
				F.A.C. The term "no further action" refers only to sites that receive a clean
				closure determination without controls. Applicants for a clean closure
				determination with controls must demonstrate that they meet the cleanup target
				levels for risk management option level II or III pursuant to subsections
				 62-780.680(2) and
				(3), F.A.C. The term "no further action with
				controls" refers to sites that receive a clean closure determination with
				controls. "Sites" as used in this paragraph means solid waste management units
				(SWMUs), regulated hazardous waste management units, and areas of concern
				(AOCs).
(c) "Clean closure plan"
				means an enforceable document designed to achieve a clean closure determination
				with or without controls.
(d)
				"Closure" means the cessation of operation of a hazardous waste facility or
				unit, and the act of securing such a facility or unit pursuant to the
				requirements of Rule  62-730.180, F.A.C., so that it
				will pose no significant threat to human health or the environment.
(e) Contaminated site" means any contiguous
				land, sediment, surface water, or groundwater area that contains contaminants
				that may be harmful to human health or the environment. The term includes
				releases of contaminants from SWMUs, regulated hazardous waste management
				units, and AOCs.
(f) "Corrective
				action permit" means a hazardous waste facility permit that authorizes remedial
				activities for solid waste management unit(s) as described in
				40 C.F.R.
				264.101 or that authorizes remedial
				activities for SWMUs, regulated unit(s) or AOCs pursuant to
				40 C.F.R.
				264.110(c) or
				40 C.F.R.
				265.110(c). At operating
				hazardous waste management facilities, conditions for remedial activities will
				be incorporated into the operation permit. At facilities that have or once had
				a permit to operate or close a hazardous waste disposal unit, a corrective
				action-only permit is not available if the unit is closed with controls, unless
				the Department has accepted a certification of completion of postclosure for
				all such hazardous waste disposal units at the facility.
(g) "Enforceable document" means a written
				action by the Department which is subject to the provisions of Section
				 120.69, F.S.
(h) "Notice of deficiency" (NOD) means a
				certified letter from the Department to an applicant for any permit or other
				authorization indicating those items which were not completed or were
				inadequate in the original application or in subsequent submittals and
				requesting the submission of the required information.
(i) The phrase "owner or operator" includes a
				permittee or a respondent subject to a Department order.
(j) "Part I" means the section of the permit
				application submitted on the DEP form adopted in paragraph
				 62-730.220(2)(a),
				F.A.C.
(k) "Part II" means all
				other sections of the permit application submitted to demonstrate compliance
				with   40 C.F.R. Part 264 .
(l)
				"Permit" means a type of legal authorization granted by the Department to
				engage in or conduct any construction, operation, or remedial activities at a
				hazardous waste facility for a specified period of time.
(m) "Postclosure permit" means a hazardous
				waste facility permit issued pursuant to the provisions of
				40 C.F.R.
				270.1(c) and
				40 C.F.R.
				270.28.
(n) "Remedial activities" means all
				activities required or undertaken to identify contamination and to reduce the
				concentration of contaminants to meet cleanup target levels. The term includes
				"closure" as outlined in 40
				C.F.R. 264.111 through
				264.115 [as adopted in subsection
				 62-730.180(1),
				F.A.C.] and 40 C.F.R.
				265.111 through
				265.115 [as adopted in subsection
				 62-730.180(2),
				F.A.C.] with respect to closing hazardous waste treatment, storage and disposal
				units; "postclosure care" as outlined in
				40 C.F.R.
				264.117 through
				264.120 [as adopted in subsection
				 62-730.180(1),
				F.A.C.] and 40 C.F.R.
				265.117 through
				265.120 [as adopted in subsection
				 62-730.180(2),
				F.A.C.] with respect to closed hazardous waste treatment, storage and disposal
				units; and "corrective action" as required by 40 C.F.R. Part 264 [as adopted in
				subsection  62-730.180(1),
				F.A.C.] for releases from any solid waste management unit at a hazardous waste
				facility. The term "remedial activities" with respect to a solid or hazardous
				waste management unit corresponds to "site rehabilitation" as used in Chapter
				62-780, F.A.C., and defined at subsection
				 62-780.200(44),
				F.A.C.
(o) "Subpart H remedial
				action plan" or "Subpart H RAP" means a special form of hazardous waste
				authorization as promulgated in  40 C.F.R. Part 270  Subpart H [as adopted in
				subsection  62-730.220(1),
				F.A.C.] to approve the treatment, storage or disposal of hazardous remediation
				waste as defined in 40
				C.F.R. 260.10 [as adopted by reference in
				subsection  62-730.020 (1),
				F.A.C.].
(p) "Temporary operation
				permit" (TOP) means the legal authorization, limited to a maximum of 3 years,
				granted by the Department to operate a hazardous waste facility in accordance
				with Section  403.722,
				F.S.