Division of Waste Management Landfill Redevelopment and Chapter 62-780
Interaction of Chapters 701 and 780 How is Chapter 62-780 applied at old and existing landfills? 62-780 applies to sites with a discharge and the owner had legal responsibility for cleanup. 62-780 does not address landfill closure requirements 62-780 does not address landfill gas, 62-777 does not address methane or H2S
Interaction of Chapters 701 and 780 Rule 62-701.510 clarifies how 62-780 is applied to solid waste disposal units requiring corrective action. The Groundwater Monitoring section shall not apply to any solid waste disposal unit in operation prior to January 6, 1993 that has a ground water monitoring system installed and maintained as required 62-780 only applied to violations of ground water and surface water outside the facility s zone of discharge. The provisions of 62-780 regarding assessment and remediation of contaminated soils did not apply.
FDEP Landfill Redevelopment Concerns Potential risks to human health and the environment from disturbing old disposal sites are often not well understood: Often no information on wastes disposed. Usually little information on the locations of the wastes. Landfill gas concentrations and migration unknown. Old sites are unlined and groundwater impacts often unknown. Concentrations of contaminants in screened waste are unknown which can impact its reuse.
FDEP Landfill Redevelopment Concerns Redevelopment plans must adequately consider: Landfill gas. Groundwater impacts. Foundation concerns from building over waste. Dust from screening solid waste. Difficulties reusing screened solid waste. Regulators may have limited authority to deal with development over old closed landfills, but human health and safety is still a concern.
Current Solid Waste Tax Credit Incentive 50% of solid waste removal costs up to $500,000 One time application Submit when Solid Waste Removal is complete Only available to entities who have executed a BSRA Not operated as a permitted solid waste disposal area Not operated for monetary compensation
Eligible Solid Waste Costs 376.30781 (3)(e) In order to encourage the redevelopment of a brownfield site, as defined in the brownfield site rehabilitation agreement, that is hindered by the presence of solid waste, as defined in s.403.703, costs related to solid waste removal may also be claimed under this section. Excavation, removal and transportation of solid waste Sorting and Screening (occurring on the Brownfield site) Deposition of solid waste at a permitted or exempt solid waste management facility 7
Non-Eligible Solid Waste Costs Moving or relocating Solid Waste within a brownfield site Solid Waste resulting redevelopment activities, such as land clearing debris, or construction and demolition debris Deep Dynamic Compaction Landfill Gas Systems/Vapor Intrusion Monitoring Stabilizing or structural building requirements that result from construction on a landfill 8
Solid Waste Tax Credit Statistics Calendar Year # of Applications Eligible Amount 2006 0 $0 2007 1 $34,130 2008 0 $0 2009 0 $0 2010 2 $203,678 2011 1 $500,000 2012 0 $0 2013 0 $0 2014 1 $0 2015 5 $1,234,689 2016 1 Pending Review TOTAL 11 $1,972,497 9
Success Stories: Baratta ROCC, Apopka Historical use Empty lot for over 20 years Storage for Used Tires Contaminants/concerns 88,000 buried tires No groundwater contamination Brownfield activity Tires removed and disposed SRCO issued May 2008 Collected solid waste incentive Status 2002 property value $210,000 Construction of 22,000 sq. ft. flex warehousing space Current value $1,560,000
Challenges Local Government requirements that exceed Chapter 62-780 requirements Execution of separate agreements (ex. Hillsborough County Director s Authorization) vapor barriers methane mitigation Chapter 62-701 and Chapter 62-780 overlap challenges VCTC Funding 10/16/2016 11
FDEP Path Forward Ongoing discussions through the Contaminated Media Forum Additional Guidance to address cleanup of unregulated landfills Stakeholder Involvement 12
Division of Waste Management Peter Cornais Program Administrator Waste Cleanup Program Peter.Cornais@dep.state.fl.us 850-245-8930