Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-730 - HAZARDOUS WASTE › Section 62-730.320 - Emergency Detonation or Thermal Treatment of Certain Hazardous Waste

Current through Reg. 50, No. 138; July 16, 2024
(1) "Explosives or munitions emergency
				response specialist" (EMER Specialist) means an individual trained in chemical
				or conventional munitions or explosives handling, transportation, render-safe
				procedures, or destruction techniques. EMER Specialists are limited to
				Department of Defense (DOD) emergency explosive ordnance disposal (EOD),
				technical escort unit (TEU), and civilian or contractor personnel certified by
				DOD in emergency explosive ordinance disposal; and other Federal, State, or
				local government, or civilian personnel similarly trained in explosives or
				munitions emergency responses.
(2)
				"Explosives or munitions emergency" ("EME") means a situation involving the
				suspected or detected presence of unexploded ordnance (UXO), damaged or
				deteriorated explosives or munitions, an improvised explosive device (IED),
				other potentially explosive material or device, or other potentially harmful
				military chemical munitions or device, that creates an actual or potential
				imminent threat to human health (including safety) or the environment
				(including property), as determined by an EMER Specialist.
(3) "Explosives or munitions emergency
				response" ("EME Response") means all immediate response activities by an EMER
				Specialist to control, mitigate, or eliminate the actual or potential threat
				encountered during an EME. An EME Response may include in-place render-safe
				procedures; treatment or destruction of the explosives or munitions; and/or
				transporting those items to another location to be rendered safe, treated, or
				destroyed. Any reasonable delay in the completion of an EME Response caused by
				a necessary, unforeseen, or uncontrollable circumstance will not terminate the
				EME.
(4) "Person having initial
				custody of the waste" means a person who has authority to request assistance
				from an EMER Specialist regarding the explosives or munitions waste that is the
				object of the EMER. This could be the owner of the waste; the person who
				generated the waste; the person who caused the waste to be at the location
				where found; or the owner of the real property where the waste is or was
				located (i.e. the real property where the EMER began); or an agent or tenant of
				the real property owner.
(5) If an
				EMER Specialist determines that an EME Response is necessary to protect human
				health or the environment, that specialist:
(a) Is not required to comply with the
				standards of  40 C.F.R. Part 262  [as adopted in subsection
				 62-730.160(1),
				F.A.C.] applicable to generators of hazardous waste;
(b) Is not required to comply with the
				standards of  40 C.F.R. Part 264  [as adopted in subsection
				 62-730.180(1),
				F.A.C.] or  40 C.F.R. Part 265  [as adopted in subsection
				 62-730.180(2),
				F.A.C.] applicable to treatment, storage, and disposal of hazardous
				waste;
(c) May authorize the
				removal of the material or waste by transporters who do not have EPA
				identification numbers and without the preparation of a
				manifest.