Rule 62-722.400. Procedures for Certification and Reporting

(1) Any person in this state who handles, purchases, receives, recovers, sells, or is an end user of 600 tons or more of recovered materials or post-use polymers must annually apply for certification to the Department, no later than April 1. Certification applications for recovered materials shall be accompanied by a $50.00 fee and shall be submitted on Form 62-722.400(9)(a), Application for Recovered Materials Certification, effective [August 2025], hereby adopted and incorporated by reference. This form can be accessed online here: http://flrules.org/Gateway/reference.asp?No=Ref-18235. Certification applications for post-use polymers shall be accompanied by a $50.00 fee and shall be submitted on Form 62-722.400(9)(c), Application for Post-Use Polymers Certification, effective [August 2025], hereby adopted and incorporated by reference. This form can be accessed online here: https://flrules.org/Gateway/reference.asp?No=Ref-18238. Copies of both forms are also available from a local District Office; or by writing to the Department of Environmental Protection, Waste Reduction Section, MS #4555, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400; or the Department’s website at https://floridadep.gov/waste/waste-reduction/content/recovered-materials-certification-and-reporting-program. Application renewals are submitted via the DEP Business Portal at http://www.fldepportal.com/go/ or can be submitted to the Department’s address listed above.

(2) Any person in this state who handles, purchases, receives, recovers, sells, or is an end user of 600 tons or more of recovered materials or post-use polymers must annually report to the Department, and to all counties from which it received recovered materials or post-use polymers, certain information for the preceding calendar year, unless such person is exempt pursuant to Rule 62-722.300, F.A.C., or is otherwise not subject to the requirements of this chapter. Such reports shall be submitted by February 1. For reporting recovered materials, use Form 62-722.400(9)(b), Reporting Form for Recovered Materials, effective date [February 2026], hereby adopted and incorporated by reference. This form can be accessed online here: http://flrules.org/Gateway/reference.asp?No=Ref=19091. For reporting by pyrolysis facilities, use Form 62-722.400(9)(d), Reporting Form for Post-Use Polymers, effective date [August 2025], hereby adopted and incorporated by reference. This form can be accessed online here http://flrules.org/Gateway/reference.asp?No=Ref-18237. Copies of both forms are also available from a local District Office; or by writing to the Department of Environmental Protection, Waste Reduction Section, MS #4555, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400; or the Department’s website at https://floridadep.gov/waste/waste-reduction/content/recovered-materials-certification-and-reporting-program. Annual reports are submitted online via the web-based portal system located at https://app.re-trac.com/ or can be submitted to the Department’s address listed above. The Reporting Form for Recovered Materials and the Reporting Form for Post-Use Polymers shall include the following information:

(a) Name, address, and phone number of the applicant;

(b) The locations of all recovered materials processing facilities or pyrolysis facilities owned or operated by the applicant;

(c) The amount and type of recovered materials or post-use polymers, by county of origin, that are handled, purchased, received, recovered, or sold by the applicant;

(d) The amount and disposal site, or the name of the person with whom such disposal was arranged in the event that the applicant cannot reasonably determine amount or disposal site, of any solid waste generated by the applicant's facilities; and,

(e) The total amount of recovered materials or post-use polymers received at the facility from both certified and non-certified persons.

(3) Non-exempt generators of recovered materials or post-use polymers who transfer 600 tons or more per year of recovered materials or post-use polymers out of Florida or to in-state persons who make a product utilizing recovered materials or post-use polymers as a raw material in place of, or in addition to virgin raw materials, must report the amount and type of recovered materials or post-use polymers handled, purchased, received, recovered or sold out of state or to in-state persons who make a product utilizing recovered materials or post-use polymers as a raw material in place of, or in addition to, virgin raw materials, for the preceding calendar year, for purposes of paragraph (2)(c), above.

(4) All information reported to the Department pursuant to Section 403.7046, F.S., this chapter, or the forms incorporated by reference herein, is a public record. Any person reporting trade secret information to the Department must provide the Department with information and documentation that clearly identifies the specific information that constitutes a trade secret as defined by s. 688.002, F.S., or other law, and that explains and supports the legal authority for each claim of trade secret asserted. The Department will not consider it a satisfactory showing that information constitutes a trade secret or is otherwise exempt from public records if the entire form is marked as confidential, exempt, or a trade secret or if a submitted form is accompanied by an additional, redacted copy of the original form without including such supporting legal justification.

(5) If the Department determines that the information received pursuant to subsections (1) and (2) is accurate and complete and meets the requirements of this rule, and is accompanied by the appropriate fee, the Department shall issue a certification to the applicant, which shall include the following information:

(a) The certified person's name, address and phone number; and,

(b) The locations of the recovered materials processing facilities, pyrolysis facilities, or materials recovery facilities owned or operated by the certified person.

(6) Certifications shall be valid from July 1 of the year in which the certification is issued through June 30 of the following year, unless suspended or revoked by the Department.

(7) A certification issued under this rule is considered a license for purposes specified in Section 120.60, F.S. Any person is subject to having its certification suspended or revoked, pursuant to Section 403.087, F.S., upon a finding by the Department that the person:

(a) Submitted false or inaccurate information to the Department in the certification or reporting forms;

(b) Refused lawful inspection, conducted by the Department pursuant to Section 403.091, F.S.; or

(c) Failed to submit any report required pursuant to this chapter.

(8) The Department shall not delegate its authority to conduct its inspections made pursuant to Section 403.091, F.S., to any local pollution control program, county, municipality, or any combination thereof.

(9) The forms used by the Department in this chapter are adopted and incorporated by reference elsewhere. The following list of forms is provided solely for convenience and can be obtained on the internet at http://www.dep.state.fl.us/waste/quick_topics/forms/pages/62-722.htm or by contacting the Waste Reduction Section, MS #4555, Division of Waste Management, Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

(a) Form 62-722.400(9)(a), Application for Recovered Materials Certification, incorporated by reference in subsection 62-722.400(1), F.A.C., effective date August 2025 http://flrules.org/Gateway/reference.asp?No=Ref-18235.

(b) Form 62-722.400(9)(b), Reporting Form for Recovered Materials, incorporated by reference in subsection 62-722.400(2), F.A.C., effective date February 2026 http://flrules.org/Gateway/reference.asp?No=Ref-19091.

(c) Form 62-722.400(9)(c) Application for Post-Use Polymers Certification, incorporated by reference in subsection 62-722.400(1), F.A.C., effective date August 2025 https://flrules.org/Gateway/reference.asp?No=Ref-18238.

(d) Form 62-722.400(9)(d), Reporting Form for Post-Use Polymers, incorporated by reference in subsection 62-722.400(2), F.A.C., effective date August 2025 http://flrules.org/Gateway/reference.asp?No=Ref-18237. Rulemaking Authority 403.061, 403.704, 403.7046 FS. Law Implemented 119.0715, 403.705, 403.7046 FS. History–New 1-1-95, Amended 12-17-96, 12-17-13, 8-31-25, 2-17-26.