§ 27-216. Solid waste management license requirements and standards.
(a)
License Requirements:
(1)
Unless otherwise exempted by this article, prior to any person constructing, operating, or modifying a solid waste management facility, that person shall first obtain a solid waste management license.
(2)
Unless otherwise prohibited by the Code, the following activities or facilities are exempted from the licensing requirement provided that no nuisance or any condition is created that adversely affects the environment or public health and provided that the activity or facility does not violate any provisions of the Code, or federal, state, or local government regulations:
a.
Backyard composting;
b.
The on-site storage, processing, disposal, and open burning of solid waste from normal, on-site farming activities;
c.
The storage of solid waste in containers on property which is owned, rented or leased by the persons who generated the stored waste from their own on-site activities;
d.
Facilities authorized by a site certification issued under Chapter 403, pt. II, F.S. (§ 403.501, F.S. et seq.), Electrical Power Plant Siting;
e.
The on-site temporary storage of construction and demolition debris, provided that the debris is generated from on-site activities.
(b)
License Application Requirements and Standards:
(1)
Application forms: A license application for a solid waste management facility shall be submitted on approved EPGMD application form(s) by an owner or operator or authorized agent and must be accompanied by the required fee(s) as established by the Board, in Chapter 41 of the Broward County Code of Ordinances, as amended.
(2)
Required application data: The license application must be accompanied by documents and drawings as required by EPGMD that describe the proposed facility and activities to be performed on-site in sufficient detail to meet the standards for solid waste management activities in this article and to clearly identify all potential impacts to the environment and public health. All engineering drawings shall be signed and sealed by a professional engineer registered with the State of Florida. Application data required shall include, but is not limited to:
a.
A vicinity map or aerial photograph current within one year. This map shall show all airports located within five (5) miles, and the current and future land use and zoning category within one (1) mile of the facility;
b.
A site plan showing dimensions and details of the proposed areas for receiving, processing, production, storage, and disposal;
c.
Topographic maps showing contour interval used, original elevations and proposed final contours, general outline of facility area, access roads, grades required for proper drainage, any special drainage devices, and all other pertinent information;
d.
Designed capacity (volumetric) of the proposed facility, including the receiving, processing, storage, and disposal areas;
e.
Anticipated type, quantity, and source of material to be received;
f.
Detailed engineering drawings of the site that indicate location of roads, buildings, equipment to be installed or used, fences and gates, landscaping, sewer and water lines, fire lanes, storm water system, and monitoring wells, if required. The drawings shall show final grade contours, as applicable;
g.
A copy of permit applications or permit(s) for storm water control issued by the appropriate federal, state, regional, or local agencies, or documentation that no such permit is required;
h.
Documentation that the applicant either owns the property or notarized authorization from the property owner to use the land and conduct long term care, as applicable, for the activity proposed in the application. Such authorization shall include proof of ownership;
i.
Documentation from the local zoning authority stating that the facility is in conformance with local zoning requirements; and
j.
An operation plan which includes at a minimum:
1.
Designation of persons responsible for operation, control and maintenance of the facility;
2.
Proposed equipment and manufacturers specifications;
3.
Description of the facility's in-house training program to operate the facility and to identify any hazardous or prohibited materials received at the facility.
4.
Inspection procedures for controlling waste at the facility;
5.
Number and location of spotters and procedures to be followed if prohibited wastes are discovered;
6.
Vehicle traffic control and unloading;
7.
An emergency plan which shall contain, at minimum, the following elements:
a)
A list of names and telephone numbers of persons to be contacted in the event of a fire, flood, or other emergency;
b)
A list of the emergency response equipment at the site, its location, and how it should be used in the event of a fire or other emergency; and
c)
A description of the procedures that should be followed in the event of a fire, including procedures to contain and dispose of the material generated as a result of the fire; and
8.
Contingency operations, including reserve or alternate equipment, or alternate waste handling and disposal methods in case of emergency such as a natural disaster, equipment failure or receipt of prohibited materials.
(3)
Action on license application shall be in accordance with the provisions in Chapter 27, Article I of the Code, as amended.
(4)
Standards for issuing or denying a license: Licenses shall be issued or denied in accordance with the provisions in Chapter 27, Article I of the Code, as amended.
(c)
Standards for Solid Waste Management Activities:
(1)
Borrow pit reclamation utilizing clean debris as fill material.
a.
General requirements: Any person conducting borrow pit reclamation activities utilizing clean debris as fill material shall comply with the requirements set forth in this section, in the license conditions, and with all applicable sections of the Code.
b.
Prohibitions: No person shall dispose of the following materials in a borrow pit reclamation area:
1.
Solid waste;
2.
Any form of metal except if the metal is embedded in concrete and does not protrude more than six inches from the concrete;
3.
Vinyl materials;
4.
Hazardous materials;
5.
Compost made from solid waste;
6.
Putrescible or deleterious materials or materials that leach contaminants or will not retain their physical or chemical structure under expected conditions of disposal;
7.
Vegetative debris;
8.
Mulch; and
9.
Any other material which is determined by EPGMD to pose any threat or risk to water supplies, the environment or public health and safety.
c.
Exemptions: Any person conducting fill activities in compliance with an Environmental Resource License issued pursuant to Chapter 27, Article XI of the Code, as amended, shall not be required to obtain a solid waste management license.
d.
Design criteria: The owner or operator of a borrow pit reclamation area shall:
1.
Provide fencing or other effective barriers on-site to control access to the site, secure the borrow pit reclamation area and prevent disposal of waste or materials other than fill material;
2.
Install equipment such as screens, booms, and curtains to maintain water quality standards in accordance with Chapter 27, Article V of the Code, as amended;
3.
Permanently post sign(s) in a conspicuous location clearly visible to the general public indicating the name of the operating authority, contact person and telephone number in case of emergency, hours of operation, and list of prohibited materials;
4.
Construct a minimum of four monitoring wells on-site. Two monitoring wells shall be installed hydraulically up gradient from the area to be filled. One well shall be installed to a depth equal to that of the subject surface water being filled, and one shall be a shallow well installed to a depth of ten (10) feet below the water table. Two monitoring wells shall be installed hydraulically down gradient. One well shall be installed to a depth equal to that of the subject surface water being filled, and one shall be a shallow well installed to a depth of ten (10) feet below the water table. Monitoring well construction specification must be in compliance with Chapter 62-532, F.A.C., as amended. No monitoring well is required if the borrow pit is less than a quarter of an acre in size; and
5.
EPGMD may impose additional monitoring requirements as may be deemed necessary to ensure environmental protection in accordance with the provisions of the Code, as amended.
e.
Operation criteria: The owner or operator of a borrow pit reclamation area shall:
1.
Receive and deposit only fill material in the borrow pit reclamation area;
2.
Maintain, at minimum, one (1) spotter on-site at all times during operational hours to inspect all loads of fill material received on-site. The spotter shall identify and remove any prohibited materials which may have been inadvertently included in the load prior to placement in the borrow pit reclamation area;
3.
Ensure all personnel on-site are properly trained to operate the facility and to identify and properly manage any prohibited materials received at the facility;
4.
Remove all metal embedded in concrete, which protrudes from concrete in excess of six inches, prior to placement in the borrow pit reclamation area;
5.
Maintain appropriate containers or secure storage areas on-site. Deposit prohibited materials removed from the fill material in the containers or secured storage areas;
6.
Remove and properly dispose of all prohibited materials stored on-site within seven (7) days of receipt;
7.
Ensure surface water quality is maintained at the standards set forth in Chapter 27, Article V of the Code, as amended; and
8.
Finish slopes resulting from fill activity at a minimum of 4:1 (horizontal to vertical) between the control elevation out to a depth of two (2) feet below the average dry season water table elevation and stabilize with vegetation within ninety (90) days of slope completion; and
9.
Where fill materials are stored within one thousand (1,000) feet of residentially zoned district(s), ensure that open air storage of said materials shall not exceed thirty (30) consecutive days. Fill materials shall be deemed to be stored within one thousand (1,000) feet of a residentially zoned district if any part of the fill material is within one thousand (1,000) feet of the district boundary line of a residentially zoned district, as measured by an actual or imaginary straight line upon the ground or in the air. In the event the United States Weather Bureau declares a hurricane watch for Broward County, and before the advent of the storm, ensure that all fill materials and unsecured items shall be stored in buildings, removed, properly disposed of or otherwise secured.
f.
Notification: Required notifications include those specified in this section, in the license conditions and within all applicable sections of the Code, as amended. In addition, the owner or operator shall notify EPGMD of the following:
1.
Commencement of borrow pit reclamation activity: Written notice shall be required for the purpose of inspection at least two (2) working days prior to the start of the borrow pit reclamation activity.
2.
Ground water sampling: Written notice shall be required five (5) working days prior to all sampling events so that EPGMD may collect split samples.
3.
Water Quality: If monitoring parameters are detected in monitoring wells in concentrations above those water quality levels established as background for the site, or which are at levels above the standards set forth in Chapter 27, Article V of the Code, as amended, the owner or operator shall immediately cease borrow pit reclamation activities and provide written notice to EPGMD of the exceedance(s) within twenty-four (24) hours of detection. Within five (5) working days of detection of the exceedance(s), the owner or operator shall submit to EPGMD a written action plan to correct the exceedance(s). The plan shall describe the nature and extent of the problem, including copies of laboratory reports, a map of the sample location(s) and a description of the sampling procedures used and the proposed remedy including, as applicable, a time schedule which includes a justification for the proposed time schedule. No borrow pit reclamation activities shall take place until the owner or operator can demonstrate to EPGMD that the exceedance(s) have been corrected and water quality parameters are in compliance with the Code, as amended.
4.
Closure: The owner or operator of a borrow pit reclamation area shall give written notice to EPGMD within thirty (30) days of the completion of closure.
g.
Monitoring: The owner or operator shall adhere to the monitoring requirements specified in this section, in the license conditions and with all applicable sections of the Code, as amended. All sampling and analysis must be performed in accordance with the most current version of EPGMD Guidelines for Monitoring Wells and Sampling. Sampling and analysis of parameters must be in accordance with the COMPQAP. The owner or operator shall be responsible for the following monitoring requirements:
1.
Ground water sampling:
a)
Prior to commencement of any borrow pit reclamation activity utilizing clean debris as fill material, all monitoring wells shall be sampled and analyzed for the parameters listed in Chapter 27, Article VI, Section 27-216(c)(1)g.2.a) and b), of the Code, as amended. The water quality information shall be submitted to EPGMD within thirty (30) days of sampling; and
b)
After commencement of borrow pit reclamation activity, monitoring wells shall be sampled and analyzed on an annual basis, in January of each year, for the parameters listed in Chapter 27, Article VI, Section 27-216(c)(1)g.2., of the Code, as amended. Results shall be reported in accordance with Chapter 27, Article VI, Section 27-216(c)(1)i.3., of the Code, as amended.
2.
Ground water monitoring parameters:
a)
Field parameters:
pH
Temperature
Conductivity
Dissolved Oxygen
Water elevations
Colors and Sheens (by observation)
b)
Laboratory parameters:
Total Aluminum
Chlorides
Nitrate
Sulfate
Total Dissolved Solids
Turbidity
Total Iron
Sodium
Total Arsenic
Total Cadmium
Total Chromium
Total Lead
Total Mercury
Ammonia
Phenols
Those parameters listed in EPA Method 624, or the most current technology available.
h.
Closure: The owner or operator of a borrow pit reclamation area shall:
1.
Abandon monitoring wells, in accordance with the most current version of EPGMD Guidelines for Monitoring Wells and Sampling and with Chapter 62-532.500(4), F.A.C., as amended; and
2.
Finish lake slopes at a minimum of 4:1 (horizontal to vertical) between the control elevation out to a depth of two (2) feet below the average dry season water table elevation and stabilize all slopes with vegetation within ninety (90) days of completion of slope construction.
i.
Record keeping and reporting: The owner or operator of a borrow pit reclamation area shall:
1.
Maintain a record on-site recording daily, in cubic yards, the following:
a)
The total quantity of fill material received on site;
b)
The total quantity of fill material deposited in the borrow pit reclamation area; and
c)
The total quantity of prohibited material removed, by type, and the final disposal location(s) for the prohibited wastes including facility name, location and telephone number.
2.
Submit to EPGMD a monthly report no later than the fifteenth (15th) day of the succeeding month. The report shall include:
a)
The facility name, address and license number;
b)
The month covered by the report; and
c)
A summary of the daily information collected in accordance with Chapter 27, Article VI, Section 27-216(c)(1)i.1.
3.
Submit water quality analytical results to EPGMD as required in Chapter 27, Article VI, Section 27-216(c)(1)g.1.a) and b), of the Code, as amended, within thirty (30) days of sampling, summarized in letter form which includes date(s) of samples, laboratory report(s), a map showing the monitoring well location(s), a description of the sampling procedure(s), field sheets and chain of custody form(s).
4.
Submit the following documentation to EPGMD within thirty (30) days after project completion or expiration of the license period, whichever occurs first:
a)
A survey of the borrow pit reclamation area including lake slopes under seal by a professional land surveyor registered with the State of Florida; and
b)
The total acreage filled.
5.
EPGMD may require additional reports as deemed necessary to ensure environmental compliance.
(2)
Landfill.
a.
General Requirements: Any person constructing, operating or modifying a Class I, Class II, or Class III landfill shall comply with the following:
1.
Requirements set forth in this section;
2.
License conditions;
3.
The Code, as amended; and
4.
Chapter 62-701, F.A.C., as amended.
b.
Prohibitions: No person shall allow the following to be disposed of in a landfill:
1.
Materials that exhibit any of the characteristics of a hazardous waste or containing any listed chemical as defined in 40 CFR, Part 261;
2.
Lead-acid batteries;
3.
Used oil;
4.
Yard trash, except in unlined landfills classified by Florida Department of Environmental Protection in Chapter 62-701, as amended;
5.
White goods;
6.
Whole waste tire, except as otherwise provided in this article;
7.
Contaminated materials, except at a Class I landfill;
8.
Material containing total polychlorinated biphenyl (PCB) in excess of 50 ppm;
9.
Non-containerized liquid waste unless:
a)
The waste is household waste other than septic waste; or
b)
The waste is leachate or gas condensate derived from the solid waste disposal unit and the landfill is designed in accordance with Chapter 62-701, F.A.C., as amended.
10.
Containers holding liquid waste unless:
a)
The container is a small container similar in size to that normally found in household waste and not larger than five (5) gallons;
b)
The container is designed to hold liquids for use other than storage; or
c)
The waste is household waste.
11.
Containers or tanks twenty (20) gallons or larger in capacity unless the container or tank has one end removed or cut open, or has a series of punctures around the bottom to ensure the container is empty and free of residue. The empty container or tank shall be compacted to its smallest practical volume for disposal.
c.
Exemptions: Any person conducting landfill activities at a facility authorized by a site certification issued under Chapter 403, Pt. II, F.S. (§ 403.501, F.S. et seq.), Electrical Power Plant Siting shall not be required to obtain a solid waste management license.
d.
Design Criteria: The owner or operator shall construct a landfill in accordance with all applicable sections of the Code, with license conditions and with provisions of Chapter 62-701, F.A.C., as amended.
e.
Operation Criteria: The owner or operator shall operate a landfill in accordance with all applicable sections of the Code, with license conditions and with provisions of Chapter 62-701, F.A.C., as amended.
f.
Notification: Required notifications include those specified in this section, in the license conditions, and within all applicable sections of the Code. In addition, the owner or operator shall notify EPGMD, with a written notice, five (5) working days prior to any well drilling or sampling event, so that EPGMD may observe the drilling or sampling or collect split samples.
g.
Monitoring: The owner or operator shall adhere to the monitoring requirements specified in this section, in the license conditions and within all applicable sections of the Code. All sampling and analysis must be performed in accordance with EPGMD guidelines for monitoring wells and sampling. Sampling and analysis of parameters must be in accordance with the COMPQAP. Ground water, surface water and leachate shall be sampled and analyzed for the parameters listed in Chapter 62-701, F.A.C., as amended.
h.
Closure: The owner or operator shall close a landfill in accordance with all applicable sections of the Code, as amended, with license conditions and with provisions of Chapter 62-701, F.A.C., as amended.
i.
Record keeping and reporting: The owner or operator of a landfill shall:
1.
Maintain a record on-site recording daily the amount of solid waste received and shall estimate the amount of wastes listed below in tons.
a)
Types of waste received:
1)
Household waste
2)
Commercial waste
3)
Ash residue
4)
Incinerator by-pass
5)
Construction and demolition debris
6)
Treated biomedical waste
7)
Agricultural waste
8)
Yard trash
9)
Industrial solid waste
10)
Sludge
11)
Contaminated materials including transporter name and EPGMD transporter decal number.
12)
Prohibited materials including the final disposal location facility name, location and telephone number.
2.
Submit to EPGMD a quarterly operating report no later than the fifteenth (15th) day of the first month following a quarter. The report shall include:
a)
The facility name, address and license number;
b)
The months covered by the report; and
c)
A summary of the daily information collected in accordance with Chapter 27, Article VI, Section 27-216(c)(6)i.1.
3.
Maintain on-site all records, reports and analytical results as required by the Code, which shall be made available for inspection by EPGMD personnel upon request.
4.
Submit ground water, surface water, and leachate analytical results to EPGMD on a semi-annual basis.
5.
Submit to EPGMD a written technical report under seal by a professional engineer or professional geologist registered with the State of Florida, that includes the following:
a)
Summary and interpretation of the water quality data and water level measurements collected during the past two years;
b)
Tabular and graphical displays of any data, which show that a monitoring parameter has been detected, including hydrographs for all monitoring wells;
c)
Trend analysis of any monitoring parameters detected;
d)
Comparisons among shallow, middle and deep zone wells;
e)
Comparisons between up gradient and down gradient wells;
f)
Correlations between related parameters such as total dissolved solids and conductivity;
g)
Discussion of erratic and/or poorly correlated data;
h)
An interpretation of the ground water contour maps, including an evaluation of ground water flow rates; and
i)
An evaluation of the adequacy of the water quality monitoring frequency and sampling locations based upon site conditions. The technical report shall be submitted every two (2) years and at the time of application for a license renewal. The initial report shall be due two (2) years from the date of license issuance.
6.
Submit to EPGMD, on or before January 31 of each year, an annual elevation survey of the site under seal by a professional land surveyor registered in the State of Florida. This survey shall clearly show the horizontal and vertical dimensions of the landfill areas. Along with this survey, the owner or operator shall estimate the remaining life and capacity in cubic yards of the existing landfill. The annual estimate shall be based upon a summary of the heights, lengths, and widths of the landfill.
7.
EPGMD may require additional reports as deemed necessary to ensure environmental compliance.
(3)
Material Recovery Area or Transfer Station.
a.
General Requirements: Any person constructing, operating, modifying or closing a material recovery area or transfer station shall comply with the requirements set forth in this section, in the license conditions, with all applicable sections of the Code, and with the provisions of Chapter 62-701, F.A.C., as amended. Existing material recovery areas or transfer stations shall meet the requirements of this article by January 1, 2000, or at the time of renewal of their solid waste management license, whichever occurs first.
b.
Prohibitions:
1.
No person shall dispose of hazardous materials in a material recovery area or transfer station.
2.
No person shall dispose of biomedical waste in a material recovery area or transfer station.
c.
Exemptions:
1.
Any person operating a recovered material processing facility shall not be required to obtain a solid waste management license; provided that no nuisance or any condition is created that adversely affects the environment or public health and provided that the activity or facility does not violate any provisions of the Code, or federal, state or local government regulations.
2.
Transfer stations which solely receive bulky wastes from households are exempt from the roofing, leachate collection system, monitoring well, record keeping and reporting requirements of this section.
d.
Design Criteria: The owner or operator of a material recovery area or transfer station shall:
1.
Provide paved roads and driveways to minimize the generation of dust and the tracking of material onto adjacent public roads. Such roads shall allow vehicles all-weather access at the facility;
2.
Provide fencing or other effective barriers on-site to control access to the site, secure the material recovery area or transfer station and prevent disposal of waste or materials other than approved material;
3.
Permanently post sign(s) in a conspicuous location clearly visible to the general public indicating the name of the operating authority, contact person and telephone number in case of emergency, hours of operation, and list of prohibited materials;
4.
In addition to the requirements specified in Chapter 27, Article VI, Section 27-216(c)(3)d.1. through Chapter 27, Article VI, Section 27-216(c)(3)d.3., material recovery areas or transfer stations which receive solid waste other than construction and demolition debris, vegetative debris, and bulky wastes from households shall:
a)
Provide leachate collection systems, constructed, maintained and operated to collect and remove leachate from the waste receiving, storage, wash down and processing areas. Storm water coming into contact with solid waste in these areas shall be considered leachate.
b)
Provide a roof to cover the waste receiving, processing, and storage areas.
5.
In addition to the requirements in Chapter 27, Article VI, Section 27-216(c)(3)d.1. through Chapter 27, Article VI, Section 27-216(c)(3)d.3., material recovery areas or transfer stations which receive construction and demolition debris shall:
a)
Provide concrete surfaces for the waste receiving, storage, and processing areas. The surfaces shall be capable of withstanding wear and tear from normal operations; and
b)
Comply with the requirements of Chapter 27, Article VI, Section 27-216(c)(3)d.4.a) or construct a minimum of three monitoring wells on-site. One monitoring well shall be installed hydraulically up gradient and two monitoring wells shall be installed hydraulically down gradient from the material recovery area or transfer station.
6.
In addition to the requirements in Chapter 27, Article VI, Section 27-216(c)(3)d.1. through Chapter 27, Article VI, Section 27-216(c)(3)d.3., transfer stations which solely receive bulky waste from households shall provide concrete surfaces for the waste receiving and storage areas. The surfaces shall be capable of withstanding wear and tear from normal operations.
e.
Operating Criteria: The owner or operator of a material recovery area or transfer station shall:
1.
Ensure all personnel on-site are properly trained to operate the facility with emphasis on proper identification and proper management of prohibited materials, safety, health, environmental controls, and emergency procedures;
2.
Maintain an attendant on duty whenever the facility is operating;
3.
Prohibited material which inadvertently enters the facility shall be separated from the incoming waste stream within forty-eight (48) hours from receipt on site;
4.
Complete sorting of incoming materials within seven (7) working days of receipt of material;
5.
Unless otherwise authorized in this section, immediately deposit sorted material in appropriate storage containers or a secure storage area, which shall be a covered structure with an impermeable floor.
6.
Process or otherwise store sorted materials on-site in accordance with the following time schedule. No material shall remain on-site longer than the established time period for processing or storage as specified below. Within that time period, the owner or operator shall remove and properly dispose of the stored material at an appropriately licensed recycling or disposal facility.
a)
Recyclable material: Thirty (30) days from receipt of material;
b)
Prohibited material: Forty-eight (48) hours from receipt of material;
c)
Vegetative debris and clean wood: Ninety (90) days from receipt of the material. Vegetative debris and clean wood material (processed or unprocessed) may be stockpiled on the ground on-site for ninety (90) days from receipt; however, each stockpile shall not exceed the following maximum dimensions:
1)
Width: Fifty (50) feet.
2)
Area: 10,000 square feet.
3)
Height: Twenty (20) feet.
There shall be sufficient space around the perimeter of each stockpile to allow vehicle and equipment access. Unobstructed access for emergency vehicles shall be maintained at all times.
d)
All other materials: Seven (7) working days from date of receipt of the material.
7.
At all times, control litter, fugitive particulate matter, insects, objectionable odors, noise, and disease vectors to prevent a nuisance condition and unsightly appearance.
8.
Maintain an emergency plan on-site at all times. The plan shall be updated upon changes in operation at the site. The plan shall include, at minimum, the following:
a)
A list of names and telephone numbers of persons to be contacted in the event of a fire, flood, or other emergency;
b)
A list of the emergency response equipment at the site, its location, and how it should be used in the event of a fire or other emergency; and
c)
A description of the procedures that should be followed in the event of a fire, including procedures to contain and dispose of the material generated as a result of the fire.
f.
Notification: The owner or operator shall give written notice to EPGMD within five (5) days of the completion of closure.
g.
Monitoring: The owner or operator shall adhere to the monitoring requirements specified in this section, with license conditions, with all applicable sections of the Code, and with provisions of Chapter 62-701, F.A.C., as amended. All sampling and analysis must be performed in accordance with the most current version of EPGMD guidelines for monitoring wells and sampling. Analysis of parameters must be in accordance with the COMPQAP. Ground water shall be sampled and analyzed for the parameters listed in Chapter 62-701.730, F.A.C., as amended.
h.
Closure: The owner or operator shall remove or otherwise dispose of all solid waste and recyclable materials prior to closure.
i.
Record keeping and reporting: The owner or operator of a material recovery area or transfer station shall:
1.
Maintain a record on-site, recording daily, in cubic yards, the following:
a)
The quantity of solid waste received and processed characterized by:
1)
Construction and demolition debris.
2)
Commercial waste.
3)
Household waste.
4)
Vegetative material.
5)
Prohibited materials including the final disposal location facility name, address, and telephone number.
b)
The quantity of recyclable material recovered, by type;
c)
The quantity of recyclable material marketed, by type; and
d)
The quantity of solid waste disposed of and identify the final disposal location(s);
2.
Submit a monthly report to EPGMD no later than the fifteenth (15th) day of the succeeding month. The report shall include:
a)
The facility name, address and license number;
b)
The month covered by the report;
c)
A summary of the daily information specified in Chapter 27, Article VI, Section 27-216(c)(3)i.1.
3.
Submit ground water results to EPGMD on a semi-annual basis.
4.
Maintain on-site all records, reports, and analytical results as required by the Code, which shall be made available for inspection by EPGMD personnel upon request.
5.
EPGMD may require additional reports, as deemed necessary, to ensure environmental compliance.
j.
Financial Assurance: The owner or operator of a material recovery area shall provide EPGMD proof of financial assurance issued in favor of the State of Florida in the amount of the closing cost estimates for the area. Proof of financial assurance which meets state requirements along with the closing cost estimates shall be submitted to EPGMD as part of the license application for the site.
(4)
Compost area.
a.
General Requirements: Any person constructing, operating, modifying or closing a compost area shall comply with the requirements set forth in this section, with the license conditions, with all applicable sections of the Code and with the provisions of Chapter 62-709, F.A.C., as amended. Existing compost areas shall meet the requirements of this article by January 1, 2000, or at the time of Solid Waste Management License renewal, whichever occurs first.
b.
Exemptions: Any person conducting the following activities shall not be required to obtain a Solid Waste Management License provided that no nuisance or any condition is created that adversely affects the environment or public health and provided that the activity or facility does not violate any provisions of the Code, or federal, state, or local government regulations.
1.
Backyard composting;
2.
The on-site storage, processing and disposal of solid waste generated from normal on-site farming operations.
c.
Design Criteria: The owner or operator of a compost area shall:
1.
Provide paved roads and driveways to minimize the generation of dust and the tracking of material onto adjacent public roads. Such roads shall allow vehicles all-weather access at the facility;
2.
Provide fencing or other effective barriers on-site to control access to the site, secure the compost area and prevent disposal of waste or materials other than approved material;
3.
Permanently post sign(s) in a conspicuous location clearly visible to the general public indicating the name of the operating authority, contact person and telephone number in case of emergency, hours of operation, and list of prohibited materials;
4.
In addition to the requirements specified in Chapter 27, Article VI, Section 27-216(c)(4)c.1. through Chapter 27, Article VI, Section 27-216(c)(4)c.3., a compost area which processes solid waste, sludge, or manure shall:
a)
Provide a roof to cover the waste receiving, processing, storage, production and curing areas;
b)
Provide asphalt or concrete surfaces for the waste receiving and storage areas, and the processing and curing areas, to minimize release of leachate into the ground water. The surfaces shall be capable of withstanding wear and tear from normal operations;
c)
Provide leachate collection systems, constructed, maintained and operated to collect and remove leachate from the waste receiving, storage, processing, wash down, production and curing areas. Storm water coming into contact with solid waste in these areas will be considered leachate.
d.
Operating Criteria: The owner or operator of a compost area shall:
1.
Ensure all personnel on-site are properly trained to operate the facility with emphasis on proper identification and proper management of prohibited materials, safety, health, environmental controls, and emergency procedures;
2.
Maintain an attendant on duty whenever the compost area is receiving materials;
3.
Prohibited material which inadvertently enters the facility shall be separated from the incoming waste stream within forty-eight (48) hours from receipt on site;
4.
Complete processing of incoming materials by the end of every working day;
5.
Unless otherwise authorized in this section, immediately deposit sorted material in appropriate storage containers or a secure storage area, which shall be a covered structure with an impermeable floor;
6.
Process or otherwise store sorted materials on-site in accordance with the following time schedule. No material shall remain on-site longer than the established time period for processing or storage as specified below. Within that time period, the owner or operator shall remove and properly dispose of the stored material at an appropriately licensed recycling or disposal facility;
a)
Recyclable material: Thirty (30) days from receipt of material;
b)
Prohibited material: Forty-eight (48) hours from receipt of material;
c)
Processed material:
1)
Vegetative debris processed for composting may be stockpiled on the ground on-site; however, each stockpile shall not exceed the following maximum dimensions:
aa)
Width: Fifty (50) feet.
bb)
Area: 10,000 square feet
cc)
Height: Twenty (20) feet
2)
Solid waste or manure: Solid waste, sludge, or manure processed for composting may be stored on site; however, the compost material stored shall not exceed the design storage capacity of the facility.
3)
There shall be sufficient space around the perimeter of each stockpile to allow vehicle and equipment access. Unobstructed access for emergency vehicles shall be maintained at all times.
d)
All other materials: Seven (7) working days from date of receipt of the material.
7.
Conduct temperature monitoring at a depth of two feet into the pile on a daily basis during the initial week of composting and then on a weekly basis until the finished compost is produced;
8.
At all times, control litter, fugitive particulate matter, insects, objectionable odors, noise, and disease vectors to prevent a nuisance condition and unsightly appearance; and
9.
Maintain an emergency plan on-site at all times. The plan shall be updated upon changes in operation at the site. The plan shall include, at minimum, the following:
a)
A list of names and telephone numbers of persons to be contacted in the event of a fire, flood, or other emergency;
b)
A list of the emergency response equipment at the site, its location, and how it should be used in the event of a fire or other emergency; and
c)
A description of the procedures that should be followed in the event of a fire, including procedures to contain and dispose of the material generated as a result of the fire.
e.
Notification: The owner or operator shall give written notice to EPGMD, within thirty (30) days of the completion of closure.
f.
Closure: The owner or operator shall remove or otherwise properly dispose of all compost, solid waste and recyclable materials prior to closure.
g.
Record keeping and reporting: The owner or operator of the compost area shall:
1.
Maintain a record on-site recording daily the following:
a)
Analytical results on compost testing;
b)
For composting facilities processing solid waste, temperature monitoring of the composting solid waste piles;
c)
The quantity of waste received, by type, in cubic yards;
d)
The quantity of waste processed into compost, by type, in cubic yards;
e)
The quantity of compost in cubic yards, produced by compost classification as specified in Chapter 27, Article VI, Section 27-216(c)(4)i., of the Code, as amended;
f)
The quantity of compost removed for use or disposal, by compost classification, in cubic yards, to a permitted disposal facility and identify the disposal location(s);
g)
The quantity of recovered materials removed off-site, in cubic yards; and
2.
Submit to EPGMD a monthly report no later than the fifteenth (15th) day of the succeeding month. The report shall include:
a)
Facility name, address, and license number;
b)
The month covered by the report; and
c)
A summary of the daily information specified in Chapter 27, Article VI, Section 27-216(c)(5)h.1. of this section.
3.
EPGMD may require additional reports, as deemed necessary, to ensure environmental compliance.
h.
Testing requirements: The owner or operator shall test compost in accordance with the provisions of Chapter 62-709, F.A.C., as amended.
i.
Classification of compost: The owner or operator shall classify compost in accordance with the provisions of Chapter 62-709, F.A.C., as amended.
(5)
Waste Tire Processing or Waste Tire Collection Area:
a.
General Requirements: Any person constructing, operating, modifying or closing a waste tire processing or collection area shall comply with the requirements set forth in this section, in the license conditions, within all applicable sections of the Code, as amended, and with the provisions of Chapter 62-711, F.A.C., as amended. Existing waste tire processing or collection area(s) shall meet the requirements of this article by January 1, 2000, or at the time of renewal of their solid waste management license, whichever comes first.
b.
Exemptions: Any person conducting the following activities shall not be required to obtain a Solid Waste Management License provided that no nuisance or any condition is created that adversely affects the environment or public health and provided that the activity or facility does not violate any provisions of the Code, or federal, state, or local government regulations:
1.
A tire retreading business, unless 1,000 or more waste tires are stored on the business premises;
2.
A single facility that, in the ordinary course of business, removes tires from motor vehicles, unless 1,000 or more waste tires are stored on the business premises; or
3.
A retail tire-selling business which is serving as a waste tire collection center, unless 1,000 or more waste tires are stored on the business premises.
c.
Design Criteria: The owner or operator shall construct a waste tire processing or collection area in accordance with the license conditions, within all applicable sections of the Code and with the provisions of Chapter 62-711, F.A.C., as amended.
d.
Operation criteria: The owner or operator of a waste tire processing or waste tire collection area shall:
1.
Maintain an attendant on duty whenever the tire processing or collection area is receiving waste tires.
2.
Comply with the following technical and operational standards and storage requirements for all waste tire processing or collection areas which store waste tires or processed tires indoors.
a)
An indoor waste tire pile or processed tire pile shall be fifty (50) feet or less in width, except piles along a wall shall be twenty-five (25) feet or less in width.
b)
The width of aisles between tire piles shall be eight (8) feet or more.
c)
The clearance from the top of the tire pile to sprinkler deflector or roof structures shall be three (3) feet or more.
d)
The clearance in any direction from unit heaters, radiant space heaters, duct furnaces and flues shall be three (3) feet or more.
e)
When waste tires are stored up to fifteen (15) feet high, walls between manufacturing and warehouse areas shall have a fire rating of six (6) hours or more and steel columns shall have one-hour fireproofing. If the top of the tire pile exceeds twenty (20) feet in height, two-hour fireproofing shall be provided for the column and its connections with other structural members.
f)
In addition to the requirement specified in (a) through (e) of this section, an indoor waste tire processing or collection area shall meet the conditions in The Standard for Storage of Rubber Tires, NFPA 231D-1986 edition, published by the National Fire Protection Association, Battery March Park, Quincy, Massachusetts, as updated.
3.
Comply with the following technical and operational standards and storage requirements for all waste tire processing or collection areas which store waste tires or processed tires outdoors.
a)
The site shall be managed in such a way as to divert storm water or flood waters away from the storage piles.
b)
Each outdoor waste tire pile or processed tire pile shall have no greater than the following maximum dimensions:
1)
Width: Fifty (50) feet;
2)
Area: 10,000 square feet; and
3)
Height: Fifteen (15) feet;
c)
A fifty (50) foot wide fire lane shall be placed around the perimeter of each waste tire pile. Access to the fire lane for emergency vehicles must be unobstructed at all times;
d)
Mosquitoes, rodents, and other vermin shall be controlled to protect the public health and welfare;
e)
Permanently post sign(s) in a conspicuous location clearly visible to the general public indicating the name of the operating authority, contact person and telephone number in case of emergency, hours of operation, and list of prohibited materials;
f)
No operations involving the use of open flames shall be conducted within twenty-five (25) feet of a waste tire pile;
g)
An approach and access road to the site shall be kept passable for any motor vehicle at all times;
h)
Access to the site shall be controlled through the use of fences, gates, natural barriers, or other means approved by EPGMD;
i)
The site shall be bermed or given other adequate protection, if necessary, to keep liquid runoff from a potential tire fire from entering surface waters;
j)
Communication equipment shall be maintained at the site to assure that the site operator can contact local fire protection authorities in case of a fire;
k)
The site shall be kept free of grass, underbrush, and other potentially flammable vegetation at all times; and
4.
Maintain an emergency plan on-site at all times. The plan shall be updated upon changes in operations at the site. The manual shall contain the following elements:
a)
A list of names and telephone numbers of persons to be contacted in the event of a fire, flood, or other emergency;
b)
A list of the emergency response equipment at the site, its location, and how it should be used in the event of a fire or other emergency; and
c)
A description of the procedures that should be followed in the event of a fire, including procedures to contain and dispose of the material generated as a result of the fire; and
5.
Manage any waste tire processing residuals so as to be contained on-site. Residual waste shall be contained on-site and disposed of in a permitted solid waste and material management facility or properly recycled.
e.
Notification: The owner or operator of a waste tire processing or waste tire collection area shall:
1.
Notify EPGMD in the event of a fire or any other emergency within seven (7) days. The owner or operator shall submit a written report to EPGMD. This report shall describe the origins of the emergency, the actions that were taken to deal with the emergency, the results of the actions that were taken, and an analysis of the success or failure of the actions;
2.
Notify EPGMD, in writing, one hundred eighty (180) days before the waste tire processing or collection area is expected to close; and
3.
Within thirty (30) days after closure of the facility, submit a written notice that the closure is completed.
f.
Monitoring: The owner or operator shall monitor the temperature of any above-ground piles of compacted, processed tires over eight (8) feet high for temperature, not to exceed 300 degrees Fahrenheit and shall institute temperature control measures so that pile temperatures do not exceed 300 degrees Fahrenheit. Temperature monitoring and controls are not required for processed tires disposed of in permitted landfills.
g.
Closure: The owner or operator of a waste tire processing or waste tire collection area shall:
1.
Post a notice indicating that the waste tire processing or collection area is closed and giving the telephone number of the Broward County Office of Integrated Waste Management; and
2.
Remove all waste tires and residuals to a solid waste management facility authorized to accept waste tires or a legitimate user of waste tires within thirty (30) days after receiving the final waste tire shipment.
h.
Record keeping and reporting: The owner or operator of a waste tire processing or waste tire collection area shall:
1.
Maintain a record on-site, recording daily, the following:
a)
The name and waste tire collector identification number of the waste tire collector who accepted the waste tires or processed tires for transport, and the quantity of waste tires or processed tires shipped by that collector;
b)
If the waste tires were shipped with a person who is not a waste tire collector, the number of tires shipped, the person's name, address and telephone number and the place where the waste tires or processed tires were deposited;
c)
The name of the waste tire collector, the Florida Department of Environmental Protection registration number of the collector who delivered the waste tires or processed tires to the facility, and the quantity of waste tires or processed tires received from that collector;
d)
If more than twenty-five (25) waste tires were delivered by a person who is not a Florida Department of Environmental Protection registered waste tire collector, the number of tires delivered and the person's name, address and telephone number; and
e)
The quantity of waste tires removed, by tire type, and the name and location of the retreading facility receiving the waste tires.
2.
Submit a monthly report to EPGMD no later than the fifteenth (15th) day of the succeeding month. The report shall include:
a)
The facility name, address, and license number;
b)
The month covered by the report; and
c)
A summary of the daily information specified in Chapter 27, Article VI, Section 27-216(c)(5)h.1.
3.
EPGMD may require additional reports, as deemed necessary, to ensure environmental compliance.
i.
Financial Assurance: The owner or operator of a waste tire processing area shall provide EPGMD with proof of financial assurance issued in favor of the State of Florida in the amount of the closing and long-term care cost estimates for the area. Proof of financial assurance which meets state requirements, along with the closing and long-term care cost estimates, shall be submitted to EPGMD as part of the license application for the site.
(6)
Construction and Demolition Debris Disposal Area.
a.
General requirements: Any person constructing, operating or modifying a construction and demolition debris disposal area shall comply with the following:
1.
Requirements set forth in this section;
2.
License conditions;
3.
The Code, as amended; and
4.
Chapter 62-701, F.A.C., as amended.
b.
Prohibitions: No person shall allow the following to be disposed of in a construction and demolition debris disposal area:
1.
Solid waste other than construction and demolition debris;
2.
Gypsum wallboard or gypsum-containing waste material, except in construction and demolition debris disposal areas with gas control systems designed according to the provisions of Rule 62-701.400(10), F.A.C., as amended; and
3.
Asbestos-containing waste materials regulated pursuant to 40 CFR, Part 61, Subpart M, as amended.
c.
Exemptions: Any person storing construction and demolition debris on his or her own property shall not be required to obtain a solid waste management license, provided that the debris is generated from on-site activities and the storage time does not exceed one hundred eighty (180) days.
d.
Design Criteria: The owner or operator shall construct a construction and demolition debris disposal area in accordance with all applicable sections of the Code, with license conditions and with provisions of Chapter 62-701, F.A.C., as amended. Construction and demolition debris disposal areas that receive gypsum wallboard or gypsum-containing waste material shall have a gas control system designed according to the provisions of Rule 62-701.400(10), F.A.C., as amended.
e.
Operation Criteria: The owner or operator of a construction and demolition debris disposal area shall:
1.
Provide an adequate number of qualified personnel to staff the facility and deal effectively and promptly with matters of operation, maintenance, environmental controls, records, emergencies, health and safety, and compliance with all applicable sections of the Code, license conditions and with provisions of Chapter 62-701, F.A.C., as amended;
2.
Ensure all personnel on-site are properly trained to operate the facility with emphasis on proper identification and proper management of prohibited materials, safety health environmental controls, and emergency procedures.
3.
Maintain a spotter at the working face to inspect the incoming waste at all times waste is being accepted at the site.
4.
Inspect waste after it is removed from the transport vehicle and prior to placement for final disposal.
5.
Maintain appropriate containers or secure storage areas on-site to deposit prohibited materials removed from the waste stream.
6.
Remove and properly dispose of all prohibited materials stored on-site within forty-eight (48) hours from receipt of the material.
7.
At all times, control litter, fugitive particulate matter, insects, odors, noise, and disease vectors to prevent a nuisance condition and unsightly appearance.
8.
Maintain an emergency plan on-site at all times. The plan shall be updated upon changes in operation at the site. The plan shall include, at minimum, the following:
a)
A list of names and telephone numbers of persons to be contacted in the event of a fire, flood, or other emergency;
b)
A list of the emergency response equipment at the site, its location, and how it should be used in the event of a fire or other emergency; and
c)
A description of the procedures that should be followed in the event of a fire, including procedures to contain and dispose of the material generated as a result of the fire.
f.
Notification: Required notifications include those specified in this section, in the license conditions, within all applicable sections of the Code, as amended, and with provisions of Chapter 62-701, F.A.C., as amended. In addition, the owner or operator shall provide a written notice five (5) working days prior to any well drilling or sampling event so that EPGMD may observe the drilling or sampling or collect split samples;
g.
Monitoring: The owner or operator shall adhere to the monitoring requirements specified in this section, with license conditions, with all applicable sections of the Code, and with provisions of Chapter 62-701, F.A.C., as amended. All sampling and analysis must be performed in accordance with the most current version of EPGMD guidelines for monitoring wells and sampling. Analysis of parameters must be in accordance with the COMPQAP. Ground water shall be sampled and analyzed for the parameters listed in Chapter 62-701, F.A.C., as amended.
h.
Closure: The owner or operator shall close a construction and demolition debris disposal area in accordance with all applicable sections of the Code, with license conditions and with provisions of Chapter 62-701, F.A.C., as amended.
i.
Record keeping and reporting: The owner or operator of a construction and demolition disposal area shall:
1.
Maintain a record on-site, recording daily the amount of construction and demolition debris received and shall estimate the amount of wastes listed below in tons. Types of waste received:
a)
Construction and demolition debris; and
b)
Prohibited materials including the final disposal location facility name, location, and telephone number.
2.
Submit to EPGMD a monthly report no later than the fifteenth (15th) day of the succeeding month.
a)
The facility name, address, and license number;
b)
The month covered by the report; and
c)
A summary of the daily information collected in accordance with Chapter 27, Article VI, Section 27-216(c)(6)i.1.
3.
Submit ground water results to EPGMD on a semi-annual basis.
4.
Maintain on-site all records, reports, and analytical results as required by the Code, which shall be made available for inspection by EPGMD personnel upon request.
j.
Financial Assurance: The owner or operator of a construction and demolition debris disposal area shall provide EPGMD proof of financial assurance issued in favor of the State of Florida in the amount of the closing cost estimates for the area. Proof of financial assurance which meets state requirements along with the closing cost estimates, shall be submitted to EPGMD as part of the license application for the site.
(Ord. No. 1999-16, § 1, 4-13-99; Ord. No. 1999-55, § 1, 10-12-99; Ord. No. 2000-18, § 1, 5-9-00; Ord. No. 2001-03, § 1, 1-9-01; Ord. No. 2005-11, § 9, 5-24-05; Ord. No. 2009-56, § 1, 8-25-09)