[Sqg-program] 403.727 and 403.7234 FS

Fri Mar 13 15:52:30 EDT 2009

Here is the draft notification procedures that are will be incorporated in
the proposed SQG Program rule change (62-731 FAC). 
------------------------------------------
Chapter 403.7234, F.S., directs all counties in the state to notify all known
and potential small quantity generators identified on its assessment roll
during the first year of the local hazardous waste management assessment.
The purpose of the notification procedures is to inform those potential
generators of their legal responsibilities regarding proper waste management
practices and to provide a list of available hazardous waste management
alternatives. 

Notification shall be made by direct mailing, email or through the business
or occupational license permit or renewal of any firm.  Each year thereafter,
notify newly identified businesses that have not been notified previously.
Notifications can be integrated with the on-site inspection process. When
possible, integrate the notification procedures with the annual renewal of
occupational business licenses. Refer to the appendix for a sample
notification letter and notification fact sheet.

Notification Steps:
1.	Notify all known and potential small quantity generators on your
assessment roll. 
a.	Notification options
i.	by direct mail
ii.	email
iii.	business license permit or renewal
iv.	on-site inspections
2.	Each year thereafter, notify newly identified businesses not notified
previously.

The notification of small quantity generators shall: 
1.	Detail the legal responsibilities of the small quantity generator
with regard to proper waste management practices, including penalties for
noncompliance. 
2.	Include a list of hazardous waste management alternatives and waste
reduction opportunities which are available to the small quantity generator.

-----Original Message-----
From: Paul Davis [mailto:Paul.Davis at bocc.citrus.fl.us] 
Sent: Friday, March 13, 2009 1:51 PM
To: Perrigan, Glen; Sqg-program at lists.dep.state.fl.us
Cc: Posner, Augusta; Erickson, John; Redig, Michael; Galka, Rich; Bahr, Tim
Subject: Re: [Sqg-program] 403.727 and 403.7234 FS

Glen and others -

Since we are just entering the SQG inspection business, we have been looking
at various alternatives for business notification.  If anyone can provide us
an example of how you notify your new or existing businesses, I would
appreciate receiving a copy of your procedure and especially a copy of your
hand-out or mail-out brochure.  Perhaps this is something we could discuss at
our upcoming SW District Roundtable Meeting in April.

In advance, thank you for sending me an example of what you do in your county
and allowing us to "borrow" some of your best thoughts.  We learned a long
time ago not to reinvent the wheel.

Best wishes,

>< >< >< >< >< >< >< >< >< ><

Paul Davis
Citrus County Solid Waste Management
HHW Coordinator
PO Box 340
Lecanto, FL  34460
paul.davis at bocc.citrus.fl.us
(352) 527-7670 Phone
(352) 527-7672 Fax

>>> "Perrigan, Glen" <Glen.Perrigan at dep.state.fl.us> 3/11/2009 5:38 PM >>>
I want to bring to your attention the importance of the notification portion
of the county sqg program. It states in 403.7234 F.S. that each SQG
identified on its assessment roll shall be notified. The notification shall:

1.    Detail the legal responsibilities of the small quantity generator with
regard to proper waste management practices, including penalties for
noncompliance. 

2.    Include a list of hazardous waste management alternatives and waste
reduction opportunities which are available to the small quantity generator. 

Please take a look at 403.727 F.S. below, specifically 403.727(3)(a). If
notified by the county the burden of proof for proper disposal  resides with
the generator. If not notified the burden of proof for improper disposal is
placed on the department.

Bottom line, please notify businesses of their legal hazardous waste
management responsibilities (notification fact sheet) and make comments/notes
to this affect in the database. The information you collect in the sqg
program is very important and is, at many times, used by state inspectors
during inspections and in enforcement cases. 

Please call me if you have questions or comments on this. Thanks. Glen

403.727  Violations; defenses, penalties, and remedies.-- 

(1)  It is unlawful for any hazardous waste generator, transporter, or
facility owner or operator to: 

(a)  Fail to comply with the provisions of this act or departmental rules or
orders; 

(b)  Operate without a valid permit; 

(c)  Fail to comply with a permit; 

(d)  Cause, authorize, create, suffer, or allow an imminent hazard to occur
or continue; 

(e)  Knowingly make any false statement, representation, or certification in
any application, record, report, plan, or other document filed or required to
be maintained pursuant to the provisions of this act; 

(f)  Fail to notify the department pursuant to s. 403.72
<http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Searc

h_String=&URL=Ch0403/Sec72.HTM> (2); or 

(g)  Refuse lawful inspection. 

(2)  In addition to the "imminent hazard" provision, ss. 403.121
<http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Searc

h_String=&URL=Ch0403/Sec121.HTM>  and 403.131
<http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Searc

h_String=&URL=Ch0403/Sec131.HTM>  are available to the department to abate
violations of this act. 

(3)  Violations of the provisions of this act are punishable as follows: 

(a)  Any person who violates the provisions of this act, the rules or orders
of the department, or the conditions of a permit is liable to the state for
any damages specified in s. 403.141
<http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Searc

h_String=&URL=Ch0403/Sec141.HTM>  and for a civil penalty of not more than
$50,000 for each day of continued violation, except as otherwise provided
herein. The department may revoke any permit issued to the violator. In any
action by the department against a small hazardous waste generator for the
improper disposal of hazardous wastes, a rebuttable presumption of improper
disposal shall be created if the generator was notified pursuant to s. 
403.7234
<http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Searc

h_String=&URL=Ch0403/Sec7234.HTM> ; the generator shall then have the burden
of proving that the disposal was proper. If the generator was not so
notified, the burden of proving improper disposal shall be placed upon the
department.

Glen Perrigan

Florida Department of Environmental Protection

2600 Blair Stone Road, MS4560

Tallahassee, FL 32399-2400

W:850-245-8749

F:850-412-0528

glen.perrigan at dep.state.fl.us 

www.dep.state.fl.us 

The Department of Environmental 

Protection values your feedback as a customer. DEP Secretary Michael W. Sole
is committed to continuously assessing and 

improving the level and quality of services provided to you. Please take a
few minutes to comment on the quality of 

service you received. Copy the url below to a web browser to complete the DEP

survey: http://survey.dep.state.fl.us/?refemail=Glen.Perrigan@dep.state.fl.us
Thank you in advance for completing the survey.

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