Florida, known for its unique ecosystems, comes with a heightened responsibility for businesses.
Because of Florida’s shallow water table and numerous water bodies, improper hazardous waste disposal has immediate and severe consequences, making the state’s environmental regulations particularly stringent.
At HWH Environmental, we understand that navigating Florida’s specific hazardous waste laws is important for protecting your business from unnecessary fines. We’re here to help you understand these regulations and ensure your operations remain compliant and responsible.
What is Considered Hazardous Waste in Florida?
Hazardous waste is defined federally by the Resource Conservation and Recovery Act (RCRA).
A solid waste is classified as hazardous if it’s listed by the Environmental Protection Agency (EPA) or if it exhibits characteristics such as ignitability (flammable), corrosivity (can corrode metal), reactivity (unstable or explosive), or toxicity (harmful when ingested or absorbed).
Florida’s hazardous waste program is authorized by the EPA to administer most aspects of RCRA’s “cradle-to-grave” management, ensuring comprehensive oversight from generation to disposal.
The Florida Department of Environmental Protection (FDEP) implements and enforces these regulations through the Florida Administrative Code (FAC) Chapter 62-730, which adopts many federal RCRA requirements and adds state-specific rules.
The responsibility for determining whether a waste is hazardous lies with the generator.
This involves evaluating the waste against EPA’s lists and determining if it exhibits any of the four hazardous characteristics. This determination is a critical first step, as it dictates all subsequent management requirements.
Hazardous Waste Generator Categories in Florida
The amount of hazardous waste your business generates in a calendar month determines its generator status, which directly impacts the regulations you must follow.
Florida aligns with the federal system, classifying generators into three main categories:
Very Small Quantity Generator (VSQG) / Conditionally Exempt Small Quantity Generator (CESQG)
You are a VSQG if you generate less than 220 pounds (100 kg) of hazardous waste per month and less than 2.2 pounds (1 kg) of acute hazardous waste per month.
They must perform a hazardous waste determination for all waste generated, ensure that total hazardous waste accumulation does not exceed 2,200 pounds (1,000 kg) on-site at any time, and ensure that their waste is delivered to a FDEP-approved disposal facility.
VSQGs are also required to keep records documenting proper disposal for at least three years.
Small Quantity Generator (SQG)
You generate between 220 pounds (100 kg) and 2,200 pounds (1,000 kg) of hazardous waste per month and no more than 2.2 pounds (1 kg) of acute hazardous waste per month.
SQGs in Florida must register with the FDEP using the Florida Notification of Regulated Waste Activity (form 8700-12FL) and obtain an EPA ID number.
They can accumulate hazardous waste on-site for up to 180 days, provided the quantity never exceeds 13,200 pounds (6,000 kg).
SQGs must conduct weekly inspections of their storage areas, label containers with “Hazardous Waste” and accumulation start dates, and have an emergency coordinator available 24 hours a day.
They are also required to re-notify the FDEP every four years, with the current deadline being September 1, 2025.
Large Quantity Generator (LQG)
You generate 2,200 pounds (1,000 kg) or more of non-acute hazardous waste per month, or more than 2.2 pounds (1 kg) of acute hazardous waste per month.
LQGs have the most comprehensive requirements.
They must register with the FDEP and obtain an EPA ID number, and generally cannot store waste on-site for more than 90 days without a permit.
LQGs must submit federal biennial reports to the EPA every two years (in odd-numbered years in Florida) and adhere to strict recordkeeping for at least three years. They also have extensive requirements for emergency planning, personnel training, and facility standards.
It’s important to note that if an SQG fails to meet applicable requirements, they may be subject to the full LQG standards, or even Treatment, Storage, and Disposal Facility (TSDF) standards.
Reporting and Recordkeeping for Hazardous Waste in Florida
Accurate recordkeeping and timely reporting are fundamental to hazardous waste compliance in Florida.
Florida Notification of Regulated Waste Activities (Form 8700-12FL)
This form is essential for registering your hazardous waste activities with the FDEP. It also includes registrations for mercury and used oil programs.
EPA ID Number
SQGs and LQGs are required to obtain an EPA ID number. This number is site-specific, meaning if your business moves, you’ll need a new one.
e-Manifest System
All hazardous waste shipments must be recorded on a manifest that accompanies the shipment.
A significant change is that beginning January 22, 2025, all SQGs and LQGs are required to register for access to the EPA’s e-Manifest system to obtain their final signed manifest copies.
This electronic system tracks hazardous waste from its origin to its final destination, ensuring “cradle-to-grave” accountability.
While Florida does not typically require you to submit manifest copies to the FDEP, you must file an exception report if you do not receive a signed copy back from the receiving facility within the specified timeframes.
Biennial Reports
LQGs in Florida are required to submit federal biennial reports to the EPA every two years (in odd-numbered years).
Recordkeeping
All generators must keep records, including waste determinations, manifests, and test results, for a minimum of three years. VSQGs are specifically required to document the delivery of their hazardous waste through written receipts and other records, which must be retained for a minimum of three years.
Hazardous Waste Storage and Labeling in Florida
Hazardous waste must be stored in appropriate containers that are in good condition, compatible with the waste, and kept closed except when adding or removing waste.
Containers should be leak-proof and have screw-top lids or other secure closures.
All hazardous waste containers must be labeled with the words “Hazardous Waste” as soon as any waste is placed in them.
Labels must also include the accumulation start date (the date waste was first placed in the container) and information about the hazards of the contents (e.g., ignitable, corrosive, reactive, toxic).
For universal wastes, specific labeling like “Universal Waste – Batteries” is required.
Liquid wastes should be stored in secondary containment to prevent spills from reaching the environment. This containment area should be able to hold 110% of the volume of the largest single tank or drum.
SQGs and LQGs are required to conduct weekly inspections of their container storage areas for spills and deteriorating containers.
VSQGs have no strict time limit as long as they do not exceed 2,200 pounds on-site. SQGs can store waste for up to 180 days, and LQGs are generally limited to 90 days.
Management of Specific Waste Streams in Florida
Florida has specific regulations for common waste streams generated by businesses:
Used Oil
Florida law strictly prohibits the disposal of used oil on land, into sewers, drainage systems, septic tanks, surface water, groundwater, or watercourses.
It is also illegal to dispose of used oil filters in landfills; they must be drained and properly managed.
Used oil containers must be labeled “Used Oil.”
Florida’s Used Oil Recycling Program is nationally recognized, with over 1,100 public used oil collection centers throughout the state, encouraging proper recycling.
If used oil is properly managed and recycled, it does not count toward your facility’s hazardous waste generator status.
Paint and Solvents
Florida law prohibits the disposal of paint and any other free liquids in solid waste landfills.
While Florida does not have a PaintCare program like California, businesses must still manage paint and solvent waste as hazardous waste if they exhibit hazardous characteristics (e.g., ignitability).
Local household hazardous waste collection centers may accept small quantities of business waste, often for a fee, and provide receipts for recordkeeping.
Batteries
Florida law prohibits the disposal of nickel-cadmium or small sealed lead-acid rechargeable batteries (weighing under 25 pounds) in the trash; instead, they must be recycled or sent to a permitted facility.
This prohibition applies to all businesses.
Retailers are required to take back old automotive (lead-acid) batteries when a new one is purchased.
Non-hazardous batteries, such as most alkaline batteries, can typically be disposed of with regular trash.
Lithium batteries transported for recycling are regulated as hazardous materials by the Department of Transportation.
Hand Sanitizer and Gasoline
Due to their high alcohol content, excess alcohol-based hand sanitizer is considered an ignitable hazardous waste under RCRA.
Pouring large quantities down the drain is strictly prohibited due to the risk of fires and explosions in sewer systems.
Similarly, gasoline is highly flammable and must be managed as a hazardous waste. Proper disposal for both typically involves using hazardous waste management services.
Consequences of Non-Compliance in Florida
Florida’s environmental regulations are stringent due to the state’s unique hydrology and sensitive ecosystems. Failure to comply with hazardous waste disposal regulations can lead to severe legal and financial repercussions:
Violations can result in civil penalties of up to $75,000 per day for each day of continued violation.
Knowingly violating hazardous waste laws, such as transporting waste to an unpermitted facility or disposing of it improperly, can lead to criminal charges, including imprisonment.
As the generator, your business is ultimately responsible for its hazardous waste from its creation to its final disposal, even if you use a third-party hauler.
This means you can be held liable for improper management, even if it occurs off-site.
Improper disposal can lead to contamination of Florida’s groundwater (our drinking water supply), surface waters, and soil, resulting in costly clean-up actions and long-term environmental harm.
Partner with HWH Environmental, Your Florida Hazardous Waste Experts
At HWH Environmental, we are more than just a hauling company; we are your dedicated partners in environmental compliance.
We offer fast, affordable, and fully compliant hazardous and non-hazardous waste disposal services throughout Florida, including customized solutions for waste identification, management, transportation, and recycling.
We help businesses like yours meet and exceed all regulatory requirements, minimizing environmental impact and potential liabilities.
Contact HWH Environmental today at 1-877-777-6708 or email us to schedule a personalized consultation and receive a complimentary quote.
