§ 10-63. Standards for transporters of hazardous waste and owners and operators of hazardous waste facilities.

(a)

The board of county commissioners promulgates this section to establish standards applicable to transporters of hazardous waste and to owners and operators of hazardous waste facilities. The rules and substantively identical to federal Environmental Protection Agency (EPA) regulations in 40 CFR 262, 263, 264 and 266.

(b)

When used in any such provisions as may be adopted from 40 CFR 262, 263, 264 and 266, the words "United States" shall mean the county, "EPA" shall mean department, and "administrator" or "regional administrator" shall mean head of the department or his designee, where appropriate. Unless specifically indicated otherwise, any reference to implementation by, submission to, or inspections, investigations or enforcement by EPA in such regulations as may be adopted by reference in these rules shall be construed to mean the department.

(1)

Any reference to 40 CFR 270 or 124 in any provisions as may be adopted by reference in 40 CFR 262, 263, 264 and 266 shall be construed to refer to permitting provisions as set forth in this article.

(2)

Any reference to the Resource Conservation and Recovery Act of 1976 (RCRA) in any provision as may be adopted by reference in 40 CFR 262, 263, 264 and 266 shall be construed to refer to comparable provisions of F.S. ch. 403, pt. IV [§ 403.702 et seq.] and adopted in this article by reference.

(3)

All references to the term "interim status" in the EPA regulations adopted by reference in this article shall not be applicable to these rules.

(c)

Florida Administrative Code rule 17-730.170, as amended on January 25, 1989, setting out standards applicable to transporters of hazardous waste, is adopted by reference as if fully set forth in this article. The standards contained in Florida Administrative Code rule 17-730.170 shall only apply to transporters who also operate hazardous waste storage and treatment facilities.

(d)

Florida Administrative Code rule 17-730.180(1), (4), and (5), as amended January 25, 1989, setting out standards applicable to owners and operators of hazardous waste treatment storage and disposal facilities, is adopted by reference as if fully set forth in this article. The owner or operator of a hazardous waste treatment, storage or disposal facility must submit an annual report to the department by March 1 for the preceding calendar year.

(e)

Florida Administrative Code rule 17-730.181, as amended January 25, 1989, to the extent it adopts 40 CFR 266.70, is adopted by reference as if fully set forth in this article.

(f)

Florida Administrative Code rule 17-730.183, as amended January 25, 1989, setting out standards for land disposal restrictions, is adopted by reference as if fully set forth in this article.

(Ord. No. 90-59, § XIII, 11-19-90)