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Publication #FE776

 

The Florida Agricultural Handbook of Solid and Hazardous Waste Regulation: Special Waste Disposal1

Michael T. Olexa and Ian Goldfarb2

What are special wastes?

Special wastes include

  • wastes associated with the maintenance and disposal of equipment and machinery, including automobiles and boats;

  • used oil and filters;

  • waste tires;

  • lead-acid batteries;

  • biomedical materials;

  • devices containing mercury, cadmium, or lead;

  • antifreeze and other similar products;

  • ash residue

What methods of disposing of used oil are prohibited?

Under Florida Statute 403.751, State law prohibits

  • disposing of used oil into sewers, drainage systems, and septic tanks;

  • disposing of used oil into any surface water, groundwater, or watercourses, including marine waters;

  • disposing of used oil in a landfill;

  • mixing used oil with solid waste that is intended for disposal in a landfill;

  • mixing used oil with hazardous waste so that the oil is unsuitable for recycling;

  • common historical practices, such as oiling roads, dust control, weed abatement, or other similar activities that would release used oil into the environment.

What methods of disposing of used oil are permitted?

The best way to dispose of used oil is to present it for recycling. Certain service stations, auto parts stores, and other automotive businesses collect used oil for recycling. Some local governments maintain collection centers; others offer curbside collection. Unfortunately, many collection centers are being closed down, so contact your local government to find out if there is a collection center operating in your area.

How may I dispose of used oil filters?

Used oil filters must be disposed of properly. The Environmental Protection Agency (EPA) has recently altered its regulations regarding used oil filters. The Florida Department of Environmental Protection (DEP) has taken responsibility for administering these EPA rules. Under the new rules, oil filters may not be disposed of in trash as solid waste (except by private homeowners). Private homeowners are still allowed to dispose of used oil filters as solid waste. In all other cases, the filters are to be handled as follows:

  • completely recycled (drained, crushed and sent for scrap metal recycling)

  • tested for toxic characteristics for determination as hazardous waste)

  • delivered to a registered Used Oil Filter (UOF) Handler for reuse

If the filters are found to be hazardous waste under the Toxicity Characteristic Leaching Procedure (TCLP), they must be managed and disposed of as hazardous waste. If the filters are not found to be hazardous, they must be drained and crushed before being disposed of in a landfill.

How may I dispose of waste tires?

Waste tires are tires that have been removed from a motor vehicle and are no longer suitable for their original intended purpose. The statute excludes farm tractors and trailers from the definition of motor vehicles, so those tires are exempt. If you have doubts about how to dispose of exempt tires, the existing regulations are good guidelines to follow.

Waste tires may only be disposed of at a permitted solid waste management facility, which includes any facility permitted by DEP for the disposal of waste tires. Whole waste tires may not be disposed of at a landfill. Waste tires that have been cut into sufficiently small parts may be disposed of or used as a cover layer at a permitted landfill. Waste tires may also be recycled by either the private or public sector, which is one of the best and easiest ways to dispose of your waste tires. Check your local area for a recycling facility.

May I store my waste tires?

Waste tires may be kept by a business, without a permit, if as part of the business you remove tires from motor vehicles and keep fewer than 1,000 waste tires on the business premises at any given time. Most farms would probably fall under this definition. Once you have accumulated too many waste tires, they must be disposed of properly.

May I hire someone to haul away my waste tires?

You may not hire a waste tire collector for transportation, disposal, or processing of waste tires unless that collector is registered with DEP. If you hire a waste tire collector to transport more than 25 tires per month, you must maintain records. These records must include the date of transportation, number of tires, registration number of the collector, and the name of the driver.

How may I dispose of lead-acid batteries?

Lead-acid batteries are batteries used in motor vehicles, vessels, or aircraft. These batteries are special wastes and may not be disposed of in a landfill or in a waste-to-energy facility. They may be collected by a metal salvager, exchanged when purchasing a new battery, or taken to a municipal collection site that will accept lead-acid batteries. Contact your local government to find a collection site near you.

How may I dispose of other mechanical wastes?

Antifreeze is another waste associated with the use of vehicles and other machinery. Antifreeze must be tested for hazardous properties (specifically, for lead [Pb]) to determine the proper way to dispose of it. Used antifreeze may not be disposed of on the ground; or in a septic tank, sewer, or storm sewer; or in a dumpster, even if it is non-hazardous. Antifreeze may only be disposed of as a non-hazardous industrial waste if it is indeed not hazardous.

Chlorofluorocarbons (CFCs) from automobile air conditioners are regulated as mechanical wastes. State law requires that CFCs be recovered through vacuum units instead of released into the atmosphere.

Most other wastes associated with the use and maintenance of mechanical equipment would be either merely solid waste or hazardous waste and should be disposed of accordingly.

What are chemical wastes?

Chemical wastes include pesticides and household chemicals. Disposal of chemical wastes is regulated by EPA. There are also state regulations for chemical wastes.

How does Florida regulate the disposal of pesticides?

Pesticides are discussed in some detail in FE764, FIFRA Federal Insecticide, Fungicide, and Rodenticide Act). Many of the federal requirements are also required by the state. For example, all pesticides sold, used, or transported in Florida must be registered with the Department of Agriculture and Consumer Services (DACS), in addition to required registration with EPA. DACS is also responsible for testing and training permit applicants and issuing licenses for pesticide applicators, as delegated by EPA under FIFRA. State regulation of pesticides is covered in Chapter 487, Florida Statutes.

How may I dispose of pesticide wastes?

Disposal of pesticide wastes is really very simple — FOLLOW THE DIRECTIONS ON THE LABEL. If you follow the label instructions, you will be following the law. Some pesticide containers may be burned or recycled, or buried (see the label instructions) if empty and triple-rinsed.

How may I dispose of pesticides that have been recalled?

Pesticides placed under stop-sale, stop-use, removal, or hold orders may not be disposed of in any way without a written release from DEP. Usually the substance must be returned to the manufacturer for treatment and disposal. For more information, contact Operation Cleansweep toll-free at 1-877-851-5285 or visit online at http://www.dep.state.fl.us/waste/categories/cleansweep-pesticides.

What is Operation Cleansweep?

Operation Cleansweep is a program that provides farmers a one-time safe and economical way to dispose of their cancelled, suspended, and unusable pesticides. Many of these materials are old and may be in containers that are deteriorating. Some, such as chlordane and DDT, are so toxic to humans and hazardous to the environment that they are prohibited. Operation Cleansweep offers an opportunity to avoid the barriers of extensive disposal restrictions and promotes safe and environmentally sound pesticide use, handling, and disposal. Operation Cleansweep has collected and disposed of more than one million pounds (550 tons) of cancelled, suspended, and unusable pesticides in 65 counties in Florida.

How may I dispose of pesticide containers, besides burning?

Pesticide container recycling is a national program supported by most major agrichemical manufacturers and distributors. The program's goal is to recycle empty, clean, plastic agrichemical containers to avoid environmental contamination and to keep these containers out of landfills. The current end use for the recycled plastic is plastic shipping pallets or use in the agrichemical industry.

Counties participating in pesticide container recycling include Baker, Bradford, Calhoun, Escambia, Flagler, Gadsden, Highlands, Holmes, Jackson, Levy, Madison, Marion, Okaloosa, Okeechobee, Osceola, Polk, Putnam, St. Johns, St. Lucie, Union, Volusia, Walton, and Washington.

What are household hazards?

Household hazards may include

  • cleaning solutions;

  • paint;

  • paint thinner;

  • turpentine;

  • batteries;

  • insect sprays;

  • gardening chemicals;

  • many other common, everyday substances found around the house.

Many of the containers for these substances include label directions for disposal and are regulated under FIFRA or other statutes. Such labels, therefore, carry the force of law. Improper disposal is a violation.

If you have questions about whether a particular chemical or substance may be considered hazardous, contact your county office of waste management, or DEP (http://www.dep.state.fl.us).

Footnotes

1.

This is EDIS document FE776, a publication of the Food and Resource Economics Department, Florida Cooperative Extension Service, Institute of Food and Agricultural Sciences, University of Florida, Gainesville, FL. Published November 2008. Please visit the EDIS website at http://edis.ifas.ufl.edu.

Disclaimer: This handbook is distributed with the understanding that the authors are not engaged in rendering legal or other professional advice and that the information contained herein should not be regarded or relied upon as a substitute for professional advice. This handbook is not all-inclusive in providing information to achieve compliance with laws and regulations governing the practice of agriculture. For these reasons, using these materials constitutes an agreement to hold harmless the authors, the Center for Agricultural and Natural Resource Law, the Institute of Food and Agricultural Sciences, and the University of Florida for any liability claims, damages, or expenses that may be incurred by any person or party as a result of reference to or reliance upon the information contained in this handbook.

2.

Michael T. Olexa, professor, Food and Resource Economics Department; director, Center for Agricultural and Natural Resource Law, Florida Cooperative Extension Service, Institute of Food and Agricultural Sciences, University of Florida, Gainesville, FL; and member, Florida Bar and Agricultural Law Committee of the Florida Bar; and Ian Goldfarb, graduate student, Levin College of Law and Hough Graduate School of Business, University of Florida, Gainesville, FL.

The Institute of Food and Agricultural Sciences (IFAS) is an Equal Opportunity Institution authorized to provide research, educational information and other services only to individuals and institutions that function with non-discrimination with respect to race, creed, color, religion, age, disability, sex, sexual orientation, marital status, national origin, political opinions or affiliations. For more information on obtaining other extension publications, contact your county Cooperative Extension service.

U.S. Department of Agriculture, Cooperative Extension Service, University of Florida, IFAS, Florida A. & M. University Cooperative Extension Program, and Boards of County Commissioners Cooperating. Nick T. Place, Dean.