Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-730 - HAZARDOUS WASTE › Section 62-730.250 - Construction Permits

Current through Reg. 50, No. 138; July 16, 2024
(1) No person shall
				begin construction or major modification of any unit at a hazardous waste
				facility without applying for and receiving a construction permit from the
				Department. Application for construction permits shall be made on DEP forms
				adopted in paragraph  62-730.220(2)(a),
				F.A.C.
(2) If a construction permit
				for an incinerator allows a period of time necessary for trial burns pursuant
				to    40 C.F.R. Part 264    Subpart O [as adopted in subsection
				 62-730.180(1),
				F.A.C.] the owner or operator of such an incinerator shall submit a complete
				application for an operation permit within 90 days after a trial burn or within
				180 days before expiration of the construction permit, whichever date is
				sooner. After the completion of a successful trial burn, an owner or operator
				of an incinerator may operate under the construction permit until final agency
				action is taken on the operation permit, provided the facility is in compliance
				with 40 C.F.R. Part 264 standards and the conditions of the construction
				permit.
(3) An owner or operator of
				a facility other than an incinerator may operate under its construction permit
				until final agency action is taken on the operation permit so long as the
				facility is in compliance with 40 C.F.R. Part 264 standards, and makes timely
				application for an operation permit. For the purposes of this rule, timely
				application shall mean a complete application for an operation permit at least
				180 days prior to expiration of the construction permit and within 90 days of
				completion of construction, whichever occurs first.
(4) Notwithstanding subsection (1), of this
				rule, no permit shall be required under this section in order to construct a
				facility if such facility is constructed pursuant to approval by the Department
				and EPA under appropriate regulatory programs for the incineration of
				polychlorinated biphenyls. Any person owning or operating such a facility may
				at any time after construction or operation has begun, file a complete
				operation permit application to incinerate hazardous waste at the
				facility.
(5) No major modification
				to a facility, which includes the construction or expansion of hazardous waste
				management units, shall be undertaken without application for and receipt of a
				construction permit. Modifications which do not require a construction permit
				may require a permit modification under Rule
				 62-730.290, F.A.C. No
				construction permit shall be required for changes made solely for the purpose
				of complying with the requirements of
				40 C.F.R.
				265.193 [as adopted in subsection
				 62-730.180(2),
				F.A.C.].
(6) No person operating a
				hazardous waste transfer facility may alter operations or modify the facility
				so that it becomes a hazardous waste treatment, storage or disposal facility
				without first obtaining a hazardous waste construction
				permit.
Rulemaking Authority
					 403.087,
					  403.704,
					  403.707,
					  403.721,
					 403.722 FS. Law Implemented
					 403.704,
					 403.707,
					 403.721,
					  403.722 FS.
New 7-9-82, Formerly 17-30.25, Amended 9-23-87, 12-12-88,
					 Formerly 17-30.250, Amended 7-3-89, 8-13-90, 9-10-91, 10-14-92, 10-7-93,
					 Formerly 17-730.250, Amended 1-5-95, 1-29-06,
					 4-23-13.